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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.
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!
Hi any clues to the problem, i'm facing same problem.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
Dear all Friends,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.
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.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
(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;
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.vyom143 wrote: ↑Fri Aug 03, 2018 8:35 amGreetings. 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 ?
Do you have any absence of more than two continuous years? If so, I believe that you are out of luck.
1) YesHSMP(Tier1) wrote: ↑Wed Aug 08, 2018 8:19 amI 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.)
EDIT: I see that CR001 and ouflak1 have already made the same points earlier.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.
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.HSMP(Tier1) wrote: ↑Thu Aug 09, 2018 9:15 am3) 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.
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.
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.
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.