Urgent-HSMP extn rejected due to wrong form

rajkumarpatel · Post by **rajkumarpatel** » Wed Jan 20, 2010 10:46 am

Hi,
I need an urgent help for my close friend.
He applied for his HSMP extn well on time before his visa expiry. Unfortunately he used the old form and due to which his visa application is rejected. Now his visa has also expired. He checked with HO and they said that this is applicants fault and now visa is expired, you can appeal against it and you have to apply for Tier-1 from India. Also, after visa expiry he overstayed for 12 days and has 12 more days to return India.

Can you suggest whether he can hire a solicitor services to re-apply or is there any provision to re-apply with correct form?

rajkumarpatel · Post by **rajkumarpatel** » Wed Jan 20, 2010 11:58 am

Hi,
If anyone can suggest on the above, then please.

Raj

Rozen · Post by **Rozen** » Wed Jan 20, 2010 1:01 pm

At the end of the day, the onus is on the applicant to ensure that they have used the correct form, and paid the correct fee (if appropriate)!
As the visa is now expired, I don't see what other option your mate has, but to return to India and re-apply from there.
As for appealing, I really don't think that he has a leg to stand on, and is highly unlikely to succeed, under the circumstances.
Sorry!

rajkumarpatel · Post by **rajkumarpatel** » Wed Jan 20, 2010 2:27 pm

Hi,
Thanks for you reply. I feel very sorry for my friend as he dont have masters degree, so he wont be able to apply for Tier - 1. Tier 2 is the only option, which his current co. has promised to apply him for from india, but his stay of 3 yrs will gonna break which would have helped him towards earning PR.

Rozen · Post by **Rozen** » Wed Jan 20, 2010 2:36 pm

Well, at least he's learnt the lesson of the importance of going through an application with a fine tooth comb before submitting it. Albeit, the hard way!

Post by **ChetanOjha** » Wed Jan 20, 2010 2:55 pm

rajkumarpatel wrote:Hi,
Thanks for you reply. I feel very sorry for my friend as he dont have masters degree, so he wont be able to apply for Tier - 1. Tier 2 is the only option, which his current co. has promised to apply him for from india, but his stay of 3 yrs will gonna break which would have helped him towards earning PR.

If your friend's company apply for his visa within 28 days of his visa expiry then he is still fine for ILR.

rajkumarpatel · Post by **rajkumarpatel** » Mon Jan 25, 2010 2:21 pm

Thanks to everyone who gave suggestion or shared their views.

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Urgent-HSMP extn rejected due to wrong form

Urgent-HSMP extn rejected due to wrong form