Tier 1 2nd Extension

[kranti02]

Hi All,

I got HSMP approval letter in may 2006, got extented in may 2008 under tier 1 general, now i have to extend 2nd time in may 2011 due to absences.

So Please i need your help in some qurries:

- With the latest application form which is valid from july 2010 under which section i come 3b or 3c
http://www.ukba.homeoffice.gov.uk/worki ... gyourstay/

- Maintainance funds ? (myself & dependant(she is here from last 8 months))
And also for dependant do i need other than above application (as i cant see the dependant in payment section).

- As i have moved to tier-1 in 2008 now if i dont get the enough points for extension can i apply under judicial review
http://www.ukba.homeoffice.gov.uk/worki ... ialreview/

Regards

[geriatrix]

When you are covered by HSMP JR, I don't see why you cannot apply for extension under the old rules.

Was your first extension application (2008) approved on basis of Tier 1 qualifying criteria or the old HSMP rules / HSMP JR? Did you, at that time, request for the application to be considered as per HSMP rules / HSMP JR judgement?


regards

[sajidzaidi]

I was also told by my solicitor that my case can be processed by the old rules however the Tier -1 website states the following

Schemes that closed on 29 June 2008
The schemes listed below closed on 29 June 2008. If you currently have permission to stay in
the UK under one of these categories and you want to extend your stay, you must apply under one
of the categories shown above.
If you have been in the UK for five years or more under one of these categories, you may be able to
apply to settle permanently in the UK. For more information, select your current immigration
category from the list below.
Highly Skilled Migrant Programme
Business persons
Fresh Talent: Working in Scotland
Innovators
International Graduates Scheme
Investors
Writers, composers and artists
News & updates
New versions

can someone explain how can i apply under the HSMP rules?

[kranti02]

When you are covered by HSMP JR, I don't see why you cannot apply for extension under the old rules.

Was your first extension application (2008) approved on basis of Tier 1 qualifying criteria or the old HSMP rules / HSMP JR? Did you, at that time, request for the application to be considered as per HSMP rules / HSMP JR judgement?


regards

Hi Sushdmehta

The first extension was approved on tier 1 criteria
In covering letter i mentioned about the HSMP JR if i dont qualify for tier 1.
So please i want to know if i can apply in old rules for 2nd extension.

regards
KR

[kranti02]

I found this information on
http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/

'If you are covered by the judicial review judgment and inadvertently apply for an extension using the Tier 1(General) further leave form, we will try to assess your application under the Highly Skilled Migrant Programme (HSMP) criteria that were in place before 7 November 2006 but may need to come back to you for further information'.

But for me they extended under tier 1 eventhough i come under HSMP (approval letter of jun 2006)
Please can someone explain

Thanks

[geriatrix]

I think you should be able to apply for extension under the old rules, using this form (and guidance notes).

See also HSMP Forum judicial review (extension of stay)


regards

[kranti02]

Thanks for that statement - Sushdmehta

But still i am coming across this bold statement

'If you are covered by the judicial review judgment and inadvertently apply for an extension using the Tier 1(General) further leave form, we will try to assess your application under the Highly Skilled Migrant Programme (HSMP) criteria that were in place before 7 November 2006 but may need to come back to you for further information'.

In my case i did mention in covering letter about the knowing of HSMP Judicial review but still they processed under tier 1 (maybe because i gave the option of any way).

[kranti02]

And also when i am on the point based calculator

Enter the date of your first successful tier 1 application.
May 2008 (1st extension)

Help on this question (opens new window)

Are you in the United Kingdom under the Highly Skilled Migrant Programme (HSMP)? If you think you may be covered by the terms of the HSMP Forum Judicial Review Policy Document see `Help on this question' before answering this question.

I think the above statement may be positive for me.

[geriatrix]

The statement also highlights the fact that UKBA doesn't expect people covered by HSMP JR to apply for extension using the Tier 1 form.

If you are covered by the judicial review judgment and inadvertently apply for an extension using the Tier 1(General) further leave form, ...

(maybe because i gave the option of any way).

Exactly!

The bottomline is that you are covered by HSMP JR and therefore should be "entitled" to extension under old rules.


regards

[kranti02]

Thanks Sushdmehta

Do i have to apply within 28 days of expiry?
can i apply through PEO?

Thanks a lot for your hlep.

[geriatrix]

Do i have to apply within 28 days of expiry?

No. You may apply 2-3 months before expiry (some claim to have applied even earlier than 2-3 months and approved).

can i apply through PEO?

Don't think so.


regards

[kranti02]

Thanks Sushdmehta

As my extension is in may 2011, so i am thinking of applying in jan 2011, Is there any one who applied that early and got no issues.

Please share the experiance.

regards
KR

[kranti02]

Can someone please put forward the documents needed for extension under old HSMP rules.

[kranti02]

Please guys your help will be appreciated.

[hsmpJR5ILR]

Hi Kranthi02 & Sushdmehta

My situation also as same as yours If Iam right, I got HSMP approval letter in August2006, Got initial HSMP VISA in Oct2006 but entered into UK in 43days after my stamping.

Got 1st extention in Oct 2008 till Oct 2011 on the basis of JR, Iam really worried what should I do for my ILR eligibility should I need to go for 2nd extention If yes do they consider my 2nd extension application on the basis of JR. Otherwise I will be in a great trouble as I will be loosing points for my age and I am not in a pay package to meet many points.

To add a point for your conversation, actually the JR recommends that anybody with HSMP prior November 2006 should be given an Extension for 3years or enough leave to get eligible for ILR, whichever is greater. But I never understood why Home Office is not doing that and simply giving just 3years extension.

Your comments will be very helpful for my peace of mind.

Thanks in advance
HSMPJR5ILR

Hi All,

I got HSMP approval letter in may 2006, got extented in may 2008 under tier 1 general, now i have to extend 2nd time in may 2011 due to absences.

So Please i need your help in some qurries:

- With the latest application form which is valid from july 2010 under which section i come 3b or 3c
http://www.ukba.homeoffice.gov.uk/worki ... gyourstay/

- Maintainance funds ? (myself & dependant(she is here from last 8 months))
And also for dependant do i need other than above application (as i cant see the dependant in payment section).

- As i have moved to tier-1 in 2008 now if i dont get the enough points for extension can i apply under judicial review
http://www.ukba.homeoffice.gov.uk/worki ... ialreview/

Regards

[kranti02]

I think your case is straight forward bcs as you already extended once on JR, so there is no prob in extending again on that.
In my case the 1st extension was on point system(eventhough i qulaify for JR) so i am in doubt of 2nd extension on JR.

Regards
Kranti

[hsmpJR5ILR]

Thanks Kranthi.

I wish you all the best with your extension.

Regards

I think your case is straight forward bcs as you already extended once on JR, so there is no prob in extending again on that.
In my case the 1st extension was on point system(eventhough i qulaify for JR) so i am in doubt of 2nd extension on JR.

Regards
Kranti

[kranti02]

Hi Sushdmehta,

When I apply for 2nd extension under old rules (submitting necessary documents to prove), do they check when you got extended for 1st time was it under old or new rules.

BR
K

When you are covered by HSMP JR, I don't see why you cannot apply for extension under the old rules.

Was your first extension application (2008) approved on basis of Tier 1 qualifying criteria or the old HSMP rules / HSMP JR? Did you, at that time, request for the application to be considered as per HSMP rules / HSMP JR judgement?


regards

Hi Sushdmehta

The first extension was approved on tier 1 criteria
In covering letter i mentioned about the HSMP JR if i dont qualify for tier 1.
So please i want to know if i can apply in old rules for 2nd extension.

regards
KR

[kranti02]

Finally got the thing cleared by lawyer and thought to put forward if someone is on the same board.

As i applied in June 2008 for extension and at that time the Home Office didnt put anything forward for the HSMP EXT JR applicants, so i got it extended with tier 1, now if i apply for 2nd extension i can do it with HSMP EXT JR.

Thanks a lot for sushmehta.

Regards
Kr

[ramdev0180]

hi kranti02

did you get the extension with old rules?

please let me know


thank you
ram