HSMP extension

Hi all,

I am about to apply for extension to my HSMP visa. I entered the UK 3 months after I received my entry clearance (visa started May 12 but I entered Aug 17). In other words I will be staying for 9 months in the first year. If they extend my visa for another 3 year, I will be staying in the UK for 3 years + 9 months after 3 years. Since I will be living less than 4 years I am not going to be able to apply for ILR (is this right?). Is it possible to make a request to HSMP team to extend the visa for 3 years + 3 months? Otherwise should I need to apply for extension again 3 years later?

Regards,
Ugur

HSMP visa cannot be extended for more than 3 years at anyone time, however, it can be extended for less than 3 years depending on circumstances.

You will have to apply for HSMP extension after you 3 years and 9 months have expired

1. You cannot apply for ILR earlier than 4 weeks (for an in person application) or 5 weeks (for a postal application) before the required residence time in your category leading to settlement which for HSMP/ HSMP allowed amalgamation cases is 4 years.

2. As Chess has highlighted maximum HSMP extension is 3 years.

3. You will have to re-apply for HSMP status. This will invlove a fresh application as for a 1st time applicant with an initial grant of HSMP status for 12 months. 2 months into this will get you to the 3 yrs 11 mths stage resident in UK for ILR application. However the rules may have changed by then or there may be grounds for submitting the application as an extension one rather than a fresh one with consideration outside the rules - that is still some time away so lets revisit it nearer to the time.

I think requiring a brand-new HSMP application just short of 4 years would be most unreasonable, especially when nearly everybody seems to delay at least a month to arrive here. Let's hope that wouldn't be the case. Even an extension application of a few months would be a real pain.

Ugurevin, I would suggest you point out in your cover letter that you want an extension to 4 years of your arrival date and see what happens. You are the first case!

It's true the rules say they would extend HSMP for up to 3 years. But they also say that HSMP visas are given for a maximum of 4 years. I would argue that those 4 years only start when the person arrives in the UK. I would ask; you have nothing to lose!

Good luck

Joseph

When you apply for your xtn ie after 1 yr
what kind of documents do you need to submit for approval
eg does a person need to earn a min amt of income

The complete requirements are below. As far as wage levels, there is no set level. It is expected that the job be suitably "highly skilled." If there is no job, look at the last paragraph.

Extension of stay in the United Kingdom
18.1 If your application is successful you will be given permission to enter the United Kingdom for a period of 12 months. In the last month before the end of that period you will be able to apply for further permission to stay as a Highly Skilled Migrant. You should apply directly to the HSMP team in Work Permits (UK) using the form FLR (HSM) available
from the IND website. You will be asked to provide evidence of your economic activity during your period of stay in the UK and evidence of your personal earnings during the period, if you are employed. If you are self-employed a business plan and evidence that you have established a business bank account, which has been active, will suffice. If you have been active in employment and self-employment then you should submit evidence of both. You will also need to declare that you and your family have not had access to public funds and have not received a criminal conviction. If your application is approved you will normally be given permission to remain for a further three year period. Further details on the application process for an extension of stay after one year will be provided to successful applicants.


It will usually be expected that you will be lawfully economically active when you apply to extend your stay in the UK under the programme. However if you have been unable to put your business or employment plans into operation we will expect you to provide evidence that you have taken all reasonable steps to become lawfully economically active.

Joseph

Joseph,

Agree that on first appearance fresh applications in such cases seem unfair. However the residence time counted for ILR purposes for employment related categories leading to settlement is four years. Residence for ILR purposes means physical presence and or/ consideration of ordinarily resident in the UK as opposed to the validity of given visa. You can thus not get these until you arrive in the UK. Imagine if you will someone who gets an ancestry visa standard issue 4 years who then enters the UK two years into his visa. When he gets to the year 4 mark he will not get a 2 year extension to his AV taking him to the 6 yr AV visa stage - he will have to apply for a new AV. You cannot apply for an extension of leave to remain in the UK based on the rules e.g. HSMP for a longer time than is allowed in those same rules unless it is considered a fresh application.

In summary:

1. Leave to enter and thus clock counter for validity of HSMP visa or any other visa granted outside the UK starts from the issue date.

2. Clock counter for ILR purposes in categories leading to settlement start from when you take up physical residence in the UK - this is why the Immigration Officer endorses any visa the first time you enter the UK.

Ugur,

IMHO an ILR application just before the expiry of your current HSMP visa would have to be considered outside the rules due to you not meeting the residence requirement but it doesn't mean it will fail. If you post it then the administrative delays in the payment being processed (a cheque would lengthen such) application likely being forwarded to Croydon, going from mail room to caseworker etc would most likely get you to the 3 yr 10 mth mark or even the 3 yr 11th mark stage given the 3-13 week processing time for postal applications. Note that the reference date would still be that you signed the applicationhence why I state it would still be on a basis of it being outside the rules. An in person application would be refused and see you told to re-apply at the 3 yr 11 mth stage.

A combination of fresh HSMP application and thus HSMP status with that of previous HSMP status will be more straightforward for ILR purposes but of course will involve some costs.

All in all this scenario is sometime away and the rules may have changed by the time you get to ILR stage hence my suggestion that this is considered nearer to the time.

Kayalami wrote:All in all this scenario is sometime away and the rules may have changed by the time you get to ILR stage hence my suggestion that this is considered nearer to the time.

Ditto that -- we should keep in mind that HSMP is a relatively new programme which is having increasing number of applicants under its umbrella. At some point the wrinkles in its rules will affect enough people to reach a "critical mass" and then perhaps the law will be amended to allow for a second extension or to allow for an extension that's more than 3 years the first time around...