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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by geriatrix » Sun Nov 22, 2015 12:24 am

There is no specified form to apply for leave to remain under HSMP JR or Tier 1 (General) anymore!
That you voluntarily left UK between 2009 and 2013 (and later, if that is so) because you could not find a job, and are now unable to meet the "absences from UK" requirement, is not something that you can blame Home Office for.
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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by HSMP(Tier1) » Sun Nov 22, 2015 6:26 pm

Dear Senior Member,

I am very thankful to you and you guided me before also. I know there is no separate form but same time I stick to HSMP JR Clause 8 to 12 which i have written in previous post.

weather I stay or not or my situation was different because of which i did not able to stay more but when case is belongs to Honorable court judgement then this application is not between home office and me only but it related to honorable court judgement .....so before ignoring me or others like me....even if I alone then also how i remain alone out of benefit of judgement?

this is judgement of Honorable court which is clearly written that "same rights as previous HSMP holder had" and "can extend subsequently if not wish to settlement",,, my question is where it is written that up to 5 yrs 7 yrs or 2 3 5 extensions?

If honorable court is not in between or linked with HSMP JR then I can not request or do any argument....I have no rights.

As per my study Home office can close any category but cant ignore Honorable Court Judgement and its affected peoples....as it was mentioned that benefit to be given till last person.....and dd not give time limit to home office to close rules.

In 2006 and 2007 i came UK two times considering to achieve high income level and even then government did not change rules....but when honorable court given judgement then old rules of HSMP are applicable...so if i went back because of my unavailability of job in 200-2013 then same time i had two job in 2006 and 2007 and i was settled with my family in 2007.....so what about that? and for me its takes time to settle my life because of this injustice....

(I consider as per legal point : That's why Honorable court did not say anywhere that two or three extensions.....but simple subsequent.extensions...)

I know Home Office has close visa but same time why they have written that HSMP JR holder have to follow guidance as per FLR(Tier1)HSMP in tier 1 general guidance addendum which was published for applicant of Before April 2015. as per that statement when we refer FLR (Tier1)HSMP Guidance it was written on page five that u can only apply for extension not before five week of expired of your visa.....they need to remove it before published it....

why two different statement...

Lets see even then i am trying and requesting home office with this simple court judgement....either extension or if it is closed then what?????

second point is if I am coming to UK then at airport do i need to pay any IHS or NHS fees? or what to do precaution for that?



sushdmehta wrote:There is no specified form to apply for leave to remain under HSMP JR or Tier 1 (General) anymore!
That you voluntarily left UK between 2009 and 2013 (and later, if that is so) because you could not find a job, and are now unable to meet the "absences from UK" requirement, is not something that you can blame Home Office for.

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IHS or NHS fees at arrival at UKairport for HSMP JR

Post by HSMP(Tier1) » Sun Nov 22, 2015 6:32 pm

Dear friends,

I am HSMP Visa Holder of year 2006 and still not get ILR but I fall in HSMP JR...my main question is If I am coming to UK then is there any fees or procedure I have to pay or follow at airport or after arrival in UK for new health charges? mean IHS or NHS?

I had already registered my self with local surgery at my residence area in UK.

Please guide.

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Re: IHS or NHS fees at arrival at UKairport for HSMP JR

Post by CR001 » Sun Nov 22, 2015 6:41 pm

No. IHS is payable before making an application for entry clearance or an application for an extension. If you already have a valid visa prior to this rule of IHS, then you don't need to pay anything, unless you extend or switch your visa.

IHS is not payable if applying for ILR.
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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by geriatrix » Sun Nov 22, 2015 6:51 pm

Well, according to your logic, Home Office has no right to close HSMP route under JR and it must continue infinitely until every living HSMP JR migrant unable to qualify for settlement due to personal reasons or not willing to settle in the UK ultimately passes on to heavely abode!

I wish ....


I see nothing to the effect in the JR judgment .... and the only clause relevant to your case is 9b - and you have been given continuos leave from 2009 to 2016 .... more than the 5 years needed for settlement. The problem is that despite being granted ~7 years leave, you don't qualify for settlement because of your own actions. Sorry!
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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by HSMP(Tier1) » Sat Dec 05, 2015 1:07 pm

Dear All,
I came to UK and same day I back to my country as I do not want to appeal by staying in UK as if i stay then i will have to recourse public fund as per thier condition because Home office not agree as I have two years break in my visa mean i am out of UK for more than two years.

Can anyone give me link of rules that HSMP (Tier1) visa holder can not stay out of UK for more than two years and if they stay then their visa will be cancelled?

They do not know in detail about HSMP JR and not wish to consider its clause also.

I wish that from where I have to apply for administrative review?

and anyone have contact of good and low cost lawyer to file case for HSMP JR?



sushdmehta wrote:Well, according to your logic, Home Office has no right to close HSMP route under JR and it must continue infinitely until every living HSMP JR migrant unable to qualify for settlement due to personal reasons or not willing to settle in the UK ultimately passes on to heavely abode!

I wish ....


I see nothing to the effect in the JR judgment .... and the only clause relevant to your case is 9b - and you have been given continuos leave from 2009 to 2016 .... more than the 5 years needed for settlement. The problem is that despite being granted ~7 years leave, you don't qualify for settlement because of your own actions. Sorry!

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Tier 1 under HSMP JR but detained,deported frm Airport

Post by HSMP(Tier1) » Thu May 05, 2016 5:46 pm

Dear All Senior and friends,

If possibel guide me and help if you found any legal document regarding my topic.

I had HSMP visa which was before November 2006 and under HSMP Judicial Review I got Tier1 till Feb 2016. I did not stay long in UK as left first job in 2006 and after recession it was difficult to resettle again but i tried 5 times.

Now when I came again in Nov 2015 I was detained and deported from Airport and reason were
1) I was away from UK for more than 2 years
2) I said I wish to apply for ILR (I said because before arriving to UK i had 5 correspondence with UK Home Office and they told me to apply for ILR and I told at airport as per that email but it was ignored by them)
3) i did not tried for job in UK( where i showed them 3000 application details but not considered)

Now if any one have any document then please provide that after two years many HSMP were allowed then why not me?

I did appeal in First tier Tribunal but home office replied them that i have no right of appeal.

If anyone have any document or support then plz guide or provide friend

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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by HSMP(Tier1) » Mon May 09, 2016 6:20 pm

DEAR FRIENDS

WHO ARE IN HSMP JUDICIAL REVIEW (WHO ENTERED IN UK BEFORE NOVEMBER 2006)) AND STILL HAVE TO APPLY FOR ILR OR EXTENSION PLEASE EMAIL ME ON email address removed by moderator

BECAUSE NOW WE HAVE TO FIGHT AS OUR OWN IN GROUP......ON BASE OF HSMP JUDICIAL REVIEW

SO PLEASE EMAIL ME AS I WAS ALREADY DETAINED AND DEPORTED FROM UK AS A RESON THAT DO NOT HV JOB, WISH TO APPLY FOR ILR (WHEN ONE SIDE HOME OFFICE EMAIL ME THAT YOU APPLY FOR ILR AND OTHER SIDE AT AIRPORT THEY SEND US BACK) ....

AS PER HONOURABLE HIGH COURT JUDGEMENT WE ARE ELIGIBLE FOR ILR OR EXTENSION.

SO EMAIL ME PLEASE

THANKS

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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by ikkhan » Sun Jun 26, 2016 9:23 pm

HSMP(Tier1) wrote:Dear Friend,

Thanks for taking interest and reply but still I request you to help me to find some proof which I can furnish in front of Home office visa officers :

As per HSMP JR 8 July 2008 clause 9 to 12 it is clearly mentioned for provide enough leave till qualifying period and also in 12 that migrant can apply for subsequent extension if not wish settlements as below.
"""
9. If an applicant meets these requirements we will grant them:
a. Three years’ leave; or
b. Enough leave to enable the applicant to complete the qualifying period for settlement, whichever is the greater.
10. Their grant of leave will confer the same rights and impose the same conditions as their previous HSMP leave.
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.
12. Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement. """""

but as I said I will get extension of 3 years when apply before April 2015(and will get extension till April 2018), which will give me 3 years and at present I have 6 month more mean 3.5 years but what after April 2018? I need more two years visa and how I may get it because it is not mentioned anywhere....

and I am not asking any special help from UKBA for people like us but it should be as per HSMP JR clause 9 to 12. they are not considering it, I think so and now how very few people will go to Honorable Court for justice, as its cost of lawyer and all will be very high.there must be some arrangement in government because it is not possible that all people can afford highly charge lawyer, government will help them because important is justice not fees only.

Dear friend this is main point that may be Home Office not consider who remain in HSMP JR (as per them all must be ILR now).

If you find any proof then please help me because in IMMIGRATION RULES PART 6 A , Page no 11 first para they says
"(m) The application for indefinite leave to remain must have been made before 6 April 2018."

Please check and help

thanks
Hi any clues to the problem, i'm facing same problem.
kind regards

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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by HSMP(Tier1) » Fri Feb 10, 2017 11:55 am

O_Relly wrote:The restriction only applies to folk on Tier1 General and there is no explicit mention of HSMP Judicial Review. So I woukd think there is no need to worry.
Dear all Friends,

If anyone have knowledge about people who are under HSMP Judicial Review... I had hsmp from 2006 to 2016 and came UK previous many times. but at last when i came to uK my visa was cancelled at Airport and i got deportation even i had valid tier1 visa under HMSP JR.

main reason is stay out side of UK for more than 2 years ...(immigration rules applied are

Article 13(4)(a) of the leave to enter remain order 2000

Article 13 of leave to remain order 2000

paragraph 320(5) of the immigration rules (HC 395)

anyone have solution for it please?

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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by ouflak1 » Fri Feb 10, 2017 12:14 pm

HSMP(Tier1) wrote: but at last when i came to uK my visa was cancelled at Airport and i got deportation even i had valid tier1 visa under HMSP JR.

main reason is stay out side of UK for more than 2 years ...(immigration rules applied are
If two years of continuous stay outside the UK will invalidate a permanent residence visa such as ILR, then there is no doubt it would have * atleast * that same effect for a temporary visa (such as a Tier 1, Tier 2, etc...). Nothing to do now but start over I think. I'm assuming you are interested in relocating and living permanently in the UK, with your center of life based in the UK.

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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by CR001 » Fri Feb 10, 2017 12:36 pm

13(4)(a) seems quite clear cut to me.
(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—

(a)where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse;
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Re: 2018 ILR Rules-break (Tier1) HSMP JR decision-need guide

Post by CR001 » Fri Feb 10, 2017 12:56 pm

See also another case, also with a two year absence on Tier 1 G.

http://www.immigrationboards.com/uk-tie ... 22848.html
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HSMP visa under JR need help

Post by HSMP(Tier1) » Wed Aug 08, 2018 8:19 am

Dear Friends,
I need help from you people that if anyone have knowledge or knowing good lawyer who can help me in my HSMP Judicial Review visa.

I had HSMP visa from year 2006 to 2016.I got extension under HMSP Jr but not stayed contineously. At last after communication with UK home office when I arrived in UK in November 2015 my visa got cancelled with reason that I was out of UK for more than 2 years and I was removed from UK and for that I tried for Tribunal appeal but not accepted and at last as I was out of UK I tried Pre-Action Protocol by my self. But got same answer that as per immigration rules Article 13 of leave to enter and remain order 2000, paragraphs 2-any visa can be cancelled if visa holder stayed continuous for the period of more than 2 years.

I need help that:
1) 2 years gap is applicable for people who are under HMSP JR?
2) till date after 2002 to 2016 many people under HMSP may enter after two years gap...i not know but may it possible?
3) can anyone help me for above immigration rules in detail ( Article 13 of leave to enter and remain order 2000, paragraphs 2-any visa can be cancelled if visa holder stayed out side UK continuous for the period of more than 2 years.)

Thanks Friends

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Can HSMP visa be renewed ?

Post by HSMP(Tier1) » Wed Aug 08, 2018 8:25 am

Agree for above reply but need help that I was under HMSP JR and came UK for five times to sattleed but some reason i could not able to stay.
at last in November 2015 my visa got cancelled as per Article 13 of leave to enter and remain order 2000, paragraphs 2-any visa can be cancelled if visa holder stayed continuous for the period of more than 2 years.

I am under HSMP JR and my visa was from Aug 2006 to Aug 2008 then Feb 2009 to Jan 2012 and then Feb 2013 to Jan 2016.

as per HSMP JR clause no.12 I should be able to get extension but visa was cancelled and removed from UK

if anyone have knowledge please guide me,about two years gap rules and solution if any please

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Re: HSMP visa under JR need help

Post by CR001 » Wed Aug 08, 2018 8:50 am

Char (CR001 not Casa)
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Re: Can HSMP visa be renewed ?

Post by secret.simon » Wed Aug 08, 2018 10:47 am

vyom143 wrote:
Fri Aug 03, 2018 8:35 am
Greetings. I have got an HSMP visa approved in 2009 but I did not travel to the UK at that time and the Visa has got expired ( as it was for 2 years). I request your guidance in checking if

1. Can I renew the HSMP visa now by any chance ?
2. Is there any other way of using HSMP visa to migrate to the UK ?
As you have never entered the UK based on your HSMP visa, it will have lapsed. As I recall, you had to enter the UK within six months of the HSMP visa stamp.
HSMP(Tier1) wrote:
Wed Aug 08, 2018 8:25 am
I am under HSMP JR and my visa was from Aug 2006 to Aug 2008 then Feb 2009 to Jan 2012 and then Feb 2013 to Jan 2016.
Do you have any absence of more than two continuous years? If so, I believe that you are out of luck.

Broadly, what the HSMP JR judgment said was that if the application date of your HSMP visa predated 7th November 2006, then those rules continued till you reached settlement (ILR).

However, Immigration Rule 20, that said that limited leave (such as HSMP) would lapse if absent from the UK for two continuous years was a part of the Immigration Rules even before 7th November 2006 (see for instance the webarchive of the Rules as on 1st March 2005). As you have pointed out, this Rule was introduced in 2000 and so it would have applied even to people who benefited from the HSMP JR judgment.
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Re: HSMP visa under JR need help

Post by secret.simon » Wed Aug 08, 2018 10:58 am

HSMP(Tier1) wrote:
Wed Aug 08, 2018 8:19 am
I need help that:
1) 2 years gap is applicable for people who are under HMSP JR?
2) till date after 2002 to 2016 many people under HMSP may enter after two years gap...i not know but may it possible?
3) can anyone help me for above immigration rules in detail ( Article 13 of leave to enter and remain order 2000, paragraphs 2-any visa can be cancelled if visa holder stayed out side UK continuous for the period of more than 2 years.)
1) Yes
2) Impossible for us to ascertain on these forums.
3) Webarchive of Immigration Rules as on 1st March 2005. See Rule 20. Also see below for details of the Immigration (Leave to Enter and Remain) Order 2000.
Article 13 of Immigration (Leave to Enter and Remain) Order 2000 wrote:(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—
(a) where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
(b) any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.
EDIT: I see that CR001 and ouflak1 have already made the same points earlier.
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Re: Can HSMP visa be renewed ?

Post by HSMP(Tier1) » Thu Aug 09, 2018 9:15 am

Friends,
Thanks for your reply...Agree with you but is there any positive way for me? because

At time of visa cancellation I got two letters
1) in one letter it was mentioned that I was out of UK and did not tried for job(where I already shown more than 300 job application print out at airport and requested them to check my email if want then I could show 3500 application as a proof) )
other point is i was working in my home country(as per HSMP JR original Honorable Court Judgement document it was clearly mentioned that until person get PR he could not cut his relation to his home country-so if i did job it was not wrong as per my view)

2) main point is when i did PAP(pre action protocol) by my own then got reply that my point raised in above serial number 1) is ok but even then as

3) I am out of UK for more than 2 years. My visa got cancelled and they are right in that case.
I wish to know that even from year 2005 to till date may be many HSMP visa holder allowed with gap of two years, if so then why not me? rules must be same for all.I asked for data but as it may be more cost to them for data generation I did not able to get any details.(may be there must be some limit for them for costing of work)

4) if any solution for above point then help me and if not then what I have to do for wrong issued letter to me? which may be do wrong impact in my future visa process also.

5) If person loss case against home office then is it condition that that person have to pay there expenses also?

please guide me

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Re: HSMP visa under JR need help

Post by secret.simon » Fri Aug 10, 2018 12:48 pm

HSMP(Tier1) wrote:
Thu Aug 09, 2018 9:15 am
3) I am out of UK for more than 2 years. My visa got cancelled and they are right in that case.
I wish to know that even from year 2005 to till date may be many HSMP visa holder allowed with gap of two years, if so then why not me? rules must be same for all.
The rules are the same for everyone and clear enough. It is not impossible that some HSMP applicants may have been allowed to return to the UK after an absence of more than two years in error. However, you can't ask the government or the judge to intentionally make the same error in your case. An intentional error is not an error. It would be a violation of the law.

The law is quite clear. Absence of more than two years from the UK on any visa issued under the Immigration Rules (including even ILR) causes the leave granted under the visa to lapse automatically.
HSMP(Tier1) wrote:
Thu Aug 09, 2018 9:15 am
I asked for data but as it may be more cost to them for data generation I did not able to get any details.(may be there must be some limit for them for costing of work)
Information Commissioner's guidance on declining FoI requests on cost grounds. You can complain to the ICO if you feel that the cost grounds refusal is incorrect.
HSMP(Tier1) wrote:
Thu Aug 09, 2018 9:15 am
5) If person loss case against home office then is it condition that that person have to pay there expenses also?
The general rule in civil cases (including immigration cases) is that the losing party pays the costs for both sides. Of course, the judge (or Costs Master of the court) may vary or limit the costs.
HSMP(Tier1) wrote:
Thu Aug 09, 2018 9:15 am
please guide me
I think that you have gone on for too long on a wing and a prayer. By normal application of the law, your HSMP visa has lapsed and is no more. Accept it and move on. Now look anew at which country you wish to immigrate to, if you still wish to do so. Start looking at reapplying for visas for other countries and the UK, if you are still interested, from scratch.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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