HSMP Judicial Review+Tier 1

HSMP(Tier1) wrote:My situation is as mentioned below:

1) HSMP Approval Letter issued on 11 July,2006

2) Got HSMP visa from August,2006 to August,2008

(migrate to UK two times and did official jobs (1) Oct 2006 to January,2007 then (2) July,2007 to November,2007)

After that

Due to HSMP rules changes I left UK in Dec,2007 and again As per HSMP Judicial review paragraph 43 to 52 I applied from out of UK in January,2009 and

3) Got 4 years Tier1 visa (February 2009 to February,2013)

(Migrate to UK 2 times for good job and did work (1) March,2009 to July,2009 and then (2) May,2011 to August,2011) then came back to my home country.

It seems that you lived in the UK while on assignment on "fixed term projects" here rather than having lived and worked in the UK under HSMP / Tier 1 (General).

But still, you should apply for extension under HSMP JR using FLR Tier 1 (HSMP). Also, extension can only be applied for from within the UK.

sushdmehta wrote:

HSMP(Tier1) wrote:My situation is as mentioned below:

1) HSMP Approval Letter issued on 11 July,2006

2) Got HSMP visa from August,2006 to August,2008

(migrate to UK two times and did official jobs (1) Oct 2006 to January,2007 then (2) July,2007 to November,2007)

After that

Due to HSMP rules changes I left UK in Dec,2007 and again As per HSMP Judicial review paragraph 43 to 52 I applied from out of UK in January,2009 and

3) Got 4 years Tier1 visa (February 2009 to February,2013)

(Migrate to UK 2 times for good job and did work (1) March,2009 to July,2009 and then (2) May,2011 to August,2011) then came back to my home country.

It seems that you lived in the UK while on assignment on "fixed term projects" here rather than having lived and worked in the UK under HSMP / Tier 1 (General).

But still, you should apply for extension under HSMP JR using FLR Tier 1 (HSMP). Also, extension can only be applied for from within the UK.

Dear Friend,

Really I am very much thankful to you.

because I read whole document many times and even not get clear answer from many people.

As per my view and as mentioed in HSMP JR-paragraph 44,afterv31 july,2009 paragraph 51 will remain and 43 to 52 will be deleted.

So, for me paragraph 51 and with link of that paragraph 8 to 13 of HSMP JR will be aplicable.

second things is I was not working on any project but as my high eductaion and not proper job I tried 4 times to settle in UK without recourse of any help or fund from any other and complte my need by doing job.My Project was only to settle in UK

Thanks for your help.If you have any email id of UK home office to whom I can write and can able to get answer in written because my situataion is little difficult to understand for all people.

and Now For me earning criteria will not required in extension as per FLR Tier 1 HSMP Document.Please confirm as per your view.
Thanks once again friend.

FLR Tier 1 (HSMP)

sushdmehta wrote:FLR Tier 1 (HSMP)

sorry for create same new topic,I should continue with my old topic.

Dear Friend,

I got confirm answer to use FLR (Tier1) HSMP but

is there any differnce rules for HSMP JR affected people who left UK and who were in UK and got extension?because when I called UKBA call center helpline number they just say tier1 General form to use and asked me did I applied for extension inside UK ? and then replied that as my visa end in Aug 2008 and I got new visa in Feb 2009 mean gap in visa and may consider me as fresh Tier1 general applicant but when trying to say about HSMP JR paragraph,not considering about HSMP JR details

but as per HMSP JR clause 51 and 12, I may be in same level of those who did not left UK so FLR Tier1(HSMP) may be applicable and even as per HSMP JR paragraph 11 says that,

"11.The migrant’s previous HSMP leave will count towards the qualifying period for applying for settlement as a highly skilled migrant, as will any leave issued under the terms of this policy. "

Is there differnt rules for HSMP JR affected two person?

1) HSMP + in UK and Extension under HSMP JR + second extension (Form will be FLR (Tier1) HSMP

2) HSMP + out of UK and Extension under HSMP JR got Tier1 General(4 years) + now second extension which form to use?

please guide

thanks

Once a HSMP JR covered migrant, always a HSMP JR covered migrant!

That should help answer all the questions, irrespective of how you phrase them.

sushdmehta wrote:Once a HSMP JR covered migrant, always a HSMP JR covered migrant!

That should help answer all the questions, irrespective of how you phrase them.

Dear Friend,

Thanks for your prompt reply and guidence.

As per your advise and my study also says that for Me FLR(Tier1) HSMP will be used for extension in Feb.2013 ,now....

in past one month,May be three times I asked to UKBA on helpline call center number 087766... but they replied two times that for me tier1 general applicable and one time that FLR(Tier1)HSMP will be applicable

Now i am moving to UK and after coming there how can I confirm from UKBA that for me FLR (tier1)HSMP is correct form because if UKBA office will not listen me in detail and without study of my case,they may be reply same as call center people then...

1) should I apply with FLR (Tier1) HSMP direct without askking them again or

2) apply with general tier1 and attahced my HSMP Forum details for their condieartion or

3) can able to get confirmation from UKBA before extension that FLR(Tier1) HSMP form is correct for me as per UKBA.

Please guide.

regards.

sushdmehta wrote:Once a HSMP JR covered migrant, always a HSMP JR covered migrant!

That should help answer all the questions, irrespective of how you phrase them.

Dear Senior Member,

when I will apply for extension of my visa under HSMP JR at the time of application is it must to have job????

or if i tried lots for job and its written proof like letter /email from employer for unsuccessful applictaion will be ok or not.

Please guide

HSMP(Tier1) wrote: in past one month,May be three times I asked to UKBA on helpline call center number 087766... but they replied two times that for me tier1 general applicable and one time that FLR(Tier1)HSMP will be applicable

If you call 3 times again, do you think your course of action would change based on the answers provided?

I guess you've already got the answer. In an attempt to play safe, you are just not looking at it. You should be using FLR(Tier1) HSMP form.

QuickSam wrote:

HSMP(Tier1) wrote: in past one month,May be three times I asked to UKBA on helpline call center number 087766... but they replied two times that for me tier1 general applicable and one time that FLR(Tier1)HSMP will be applicable

If you call 3 times again, do you think your course of action would change based on the answers provided?

I guess you've already got the answer. In an attempt to play safe, you are just not looking at it. You should be using FLR(Tier1) HSMP form.

Dear Senior Member,

I just share what UKBA call center reply....I already get guidence from senior member hear.

I think that in some point you may be right but just think that I am going to leave my current job and moveing to UK and if after staying and trying sattlement in UK and as per present experince ...

UKBA call center not replying or not trying to even listen /understand HSMP rules paragraph...it may be little difficult for me to convince them when applying for extension...

I jsut share my experince only that what answer I got from call center.


Do I need to have job when apply for extension? or application proof will be ok?

Please guide

regards

Dear Friends,

1) Please guide that New family income rules of june 14 will applicable to me or not when I enter in UK with family in July 2012(I ahve Tier 1 visa -under HSP JR from Feb 2009 to Feb 2013).

As per my view it will be required when applying for extension.

Please confirm

2) I will travel with my dependent wife and son they have same visa like me

Tier1 General (based on HSMP JR) from Feb 2009 to Feb 2013.My main point is they did not travel after having visa from Feb 2009 and they are going to come UK after getting tier1 visa first time.

(They already came once when had HSMP dependent visa in 2007 but left UK in three months with me).

Is it ok? can they travel any time as dependent mean till validity of visa because I entered in UK within 2 mont after getting Tier1 visa.

So do they need to come within six month? is that rules applicbale to dependent?
please guide

sushdmehta wrote:Once a HSMP JR covered migrant, always a HSMP JR covered migrant!

That should help answer all the questions, irrespective of how you phrase them.

Dear Friend,
I am planning to move uk in first week fo september.Request to guide for following points.

1) do I need to take TB test certificates when travel to UK with me for myself+wife and a Son?

2) Should I take return ticket wiht me or one way is ok? as my visa end in feb 2013 and I am in planning to apply for extesnion in January,2013 under SHMP JR

3) my wife and a Son never travel after issue of visa mean from Feb 2009 to till date but I enter in UK after issue of visa in March 2009.

so my wife and son can travel any time as my dependent is that right or anything other ? please guide

regards

sushdmehta wrote:Once a HSMP JR covered migrant, always a HSMP JR covered migrant!

That should help answer all the questions, irrespective of how you phrase them.

Dear Friend,

Thanks lots for your guidence.I request you to help if you have any idea about my following question.
1) when I called UK Home Office and got answer that there was gap in my visa during end of HSMP visa(Aug 2008) and new isuue Tier1 visa in Feb 2009,Because of that extenion will not be on FLR Tier1 (HSMP)

and for the same I complained about not satisfication answer then got reply by email that Tier1 will be applicable (may taken dicision by hearing my conversation only,So I have sent them my detail documents for consideration).

BUT WHAT SHOULD I DO WHEN UKBA SAY THAT TIER 1 APPLICABLE FOR EXTENSION AND AS PER DOCUMENTS I FEEL FLR TIER1(HSMP) WILL BE APPLICABLE,I also asked one lawyer in UK and they also said FLR TIER1(HSMP) will be applicable.

because main points is same as you said...HSMP Judicial Review can not be applicable to two same affaected people in difference way.(i=one who stayed in UK and one who left UK)

PLEASE GUIDE ME

regards

sushdmehta wrote:Once a HSMP JR covered migrant, always a HSMP JR covered migrant!

That should help answer all the questions, irrespective of how you phrase them.

Dear Friend,

Now I moved in UK and for HSMP Judicial Review As I covered in HSMP JR I called 3 times to home office call center for guidence they have answered same things that new form will be applicable (without seeing my documnets) and replied that there was gap in my visa bbetween end of my visa in 2008 and and new visa issued in 2009 but as per HSMP JR paragraph 50 a and b says that previous visa and new visa gap will counted in sattlement then why not in extension?

they even not try to see HSMP JR documnets or listen my arguments about HSMP JR paragraph which are realted to me and prove that FLR Tier1 form will be applicable to me.

after coming UK again I called them and try to explain and request to give time and place for personally submit my documnets proof but they replied just send us email.

please guide that how I can make them convenence that FLr Tier1 form will be applicable to me.

Please help me

regards

Is the call center staff going to assess your extension application? So why do you need to convince them? The more you call them to enquire about old immigration rules, immigration schemes and associated policies, the more confused you'll get with the answers you get from them.


Use FLR Tier 1 (HSMP) to apply for extension. Come back if UKBA caseworker tells you that you have used the wrong form to apply or if your application is refused.

sushdmehta wrote:Is the call center staff going to assess your extension application? So why do you need to convince them? The more you call them to enquire about old immigration rules, immigration schemes and associated policies, the more confused you'll get with the answers you get from them.


Use FLR Tier 1 (HSMP) to apply for extension. Come back if UKBA caseworker tells you that you have used the wrong form to apply or if your application is refused.

Thanks,

I have to apply after 15 December,2012 so should I apply as personal appointment or by courior?what is youe advise plase.

I think I should attach my detail letter showing eligible for FLR(Tier1)HSMP and proof with application.
regards

sushdmehta wrote:Is the call center staff going to assess your extension application? So why do you need to convince them? The more you call them to enquire about old immigration rules, immigration schemes and associated policies, the more confused you'll get with the answers you get from them.


Use FLR Tier 1 (HSMP) to apply for extension. Come back if UKBA caseworker tells you that you have used the wrong form to apply or if your application is refused.

Dear Friend,

Please guide that how much maintenance fund is required for FLR Tier1(HSMP) visa under HSMP Judicial Review.

I have to apply for me and my 02 dependent

I am trying to search in guidence.please help me

regards

sushdmehta wrote:Is the call center staff going to assess your extension application? So why do you need to convince them? The more you call them to enquire about old immigration rules, immigration schemes and associated policies, the more confused you'll get with the answers you get from them.


Use FLR Tier 1 (HSMP) to apply for extension. Come back if UKBA caseworker tells you that you have used the wrong form to apply or if your application is refused.

Dear Friend

thanks for your long long time guidence.

for your information I got my previous corrospondence email from Home office that as you said FLR(tier1) HSMP form will be applicable and for me I can apply extension and sattlement also.because my previous visa was from 2006 ans then under judicial review till 2013.

so now should i apply for extension or sattlement?(i did not stay contineous 5 years)

1) if I apply for extension then how many years visa they willl give me?

please guide

2) and if I am not economical active now then as per FLr (Tier1) HSMP form I have to submit that Ihave tried my best.Is that ok?

Please guide for above 1 and 2 points dear friend

regards

HSMP(Tier1) wrote:

sushdmehta wrote:Is the call center staff going to assess your extension application? So why do you need to convince them? The more you call them to enquire about old immigration rules, immigration schemes and associated policies, the more confused you'll get with the answers you get from them.


Use FLR Tier 1 (HSMP) to apply for extension. Come back if UKBA caseworker tells you that you have used the wrong form to apply or if your application is refused.

Dear Friend

thanks for your long long time guidence.

for your information I got my previous corrospondence email from Home office that as you said FLR(tier1) HSMP form will be applicable and for me I can apply extension and sattlement also.because my previous visa was from 2006 ans then under judicial review till 2013.

so now should i apply for extension or sattlement?(i did not stay contineous 5 years)

1) if I apply for extension then how many years visa they willl give me?

please guide

2) and if I am not economical active now then as per FLr (Tier1) HSMP form I have to submit that Ihave tried my best.Is that ok?

Please guide for above 1 and 2 points dear friend

regards

Dear Friends,

Please guide me as my case is old HSMP Judicial Review (wish to apply extension after 15 december,2012)

1) If I apply alone then for my dependent wife and son can apply seperate or not?

if yes then which form I can use if apply from UK?

If they go outside uk then Can I apply for their extesnion from outside UK?

2) what would be fees for me and my dependent child of age under 18? as per FLR Tier1 HSP Guidence note it shows GBP 3000 by post and in person at PEO it will be 3600 GBP. Is it correct?

3) For Maintenance fund as per my knowledge fund shoule be more than 4500 GBP for me and my 02 dependent.

please guide.

1. Should be 2 years.
2. Provide evidences such as jobs application, interview invitations, etc.


1. Should be. FLR(O) seems to be the only suitable form for this purpose. No.
2. I don't think the form would mention "incorrect" information regarding fees.
3. There is no "maintenance fund" requirement for extension of leave under HSMP JR.

Do not apply in person if you are not employed at the time of application. I wouldn't suggest that you apply in person at all.

Thanks for reply and clear my future planning,little more help required

sushdmehta wrote: 1. Should be 2 years.

2. Provide evidences such as jobs application, interview invitations, etc.

Do not apply in person if you are not employed at the time of application. I wouldn't suggest that you apply in person at all.

Please guide for below 02 points:

1. Should be 2 years.
(If I get 02 years then it will not enough time for sattlement as I not stayed in Uk more than 01 year ( as its my problem not UK home office)but after 02 years will continue as same extsnion or will tarnsfer me in tier1 General which need points and 35000 GBP income?) just your view required because future planning of life is based on that as need to think about future extension rules also in this recession.

2. Provide evidences such as jobs application, interview invitations, etc.
(I have total more than 1800 applicationas in my email as proof from year 2006.which years should I give as proof and how many should be ok?)
If get job before date of extension then ok?I will plan after 15 Dec.2012 as visa end on 2nd Feb 2013

3) My wife and son with me in UK but not sure about visa extension and for study of child if they move back to home country and aftre my visa extension can they come back to UK and apply for extension?mean before expired of visa between 10th januaru to 31 january,2013).Immigration officer will allow them or may create problem?because they asked me many question when arrive in UK in sept 2013

regards

1. I have aired my view about that fact already in the topic, so read through it.
2. Evidences since your most recent (last) application to UKBA.
3. The problem your family will face, if they move abroad and apply for entry clearance, is that neither the staff at local visa application center nor the staff at the local British High Commission will accept the fact that a dependant of HSMP JR migrant is required to use VAF2 form and not VAF10 form to apply for entry clearance, and will refuse to accept an entry clearance application on a VAF2 form. Using VAF10 form means they will be applying under PBS criteria. If you wish to take that risk, it is up to you ... though, technically, they will also be subject to HSMP JR as long as you are subject to it.

sushdmehta wrote: 3. The problem your family will face, if they move abroad and apply for entry clearance, is that neither the staff at local visa application center nor the staff at the local British High Commission will accept the fact that a dependant of HSMP JR migrant is required to use VAF2 form and not VAF10 form to apply for entry clearance, and will refuse to accept an entry clearance application on a VAF2 form. Using VAF10 form means they will be applying under PBS criteria. If you wish to take that risk, it is up to you.

sorry may be I can not explain my question properly but I wish to say that my dependents move from Uk by end of november and resume study and after my extension they move back to UK before 31st january,2013 as visa end on 2nd Feb 2013 and will apply from UK only.
but when they be back UK immigration office at london heathrow will allow them or create more questions why at end of visa u arrive like that.becuase I wish if suitable extension then ok otherwise child study will be disturbed so think of that

2) and even they apply from outside uk then may be rules after 9 july,2012 will be apply or not?which need 24000 GBP income.Am i correct?
regards

Can I send you pm?on your id or not?please

Sorry, I assumed that the duration of their absence would be such in length that their current leave will expire when they are abroad.

One can enter UK any time before expiry of their leave, so returning to UK before their current leave expires is not a problem. Any questions, if asked by an IO at port of entry, should be answered honestly.

For information regarding entry clearance as a PBS dependant, please read Guidance - Tier 1 (General) Dependent application.

sushdmehta wrote:Sorry, I assumed that the duration of their absence would be such in length that their current leave will expire when they are abroad.

One can enter UK any time before expiry of their leave, so returning to UK before their current leave expires is not a problem. Any questions, if asked by an IO at port of entry, should be answered honestly.

For information regarding entry clearance as a PBS dependant, please read Guidance - Tier 1 (General) Dependent application.

Thanks for lots of help,because of this board many future plan I can clear in my mind that what I should do.

1) My question is that If I send my dependent back from UK to home country then in case I get extension for 2 years then can they apply from thier(out side UK) as same dependent of HSMP JR or new rules will be applicable?

2) May be without job my extension can be possible or not?If I give all possible appplication proof.In that case how many proof should I give them?

3)My future extension will be same with HSMP or new Tier 1 PBS will come in effect?

Sorry If I ask lots of questions but hope you can understand that this things happen when uncertainity in future rules.

regards

1. Already answered.
2. Already answered.
3. You will continue to remain under the terms and conditions that were in place when you applied for HSMP approval initially despite the fact that you will be issued leave as "Tier 1 (General)" migrant.