Tier 1 HSMP extension

[shrink]

I currently have leave to remain in the UK under the TIER 1(HSMP) category which expires in August 2017.

I was granted the HSMP visa in 2004 and have got subsequent extensions.

Unfortunately I do not meet the criteria for ILR as I do not have a continuous stay in the UK.

Considering that my current leave to remain is under provisions of the HSMP/JR and not TIER 1 what options do I have of extending my leave to remain.

It was explicitly mentioned on the http://www.gov.uk website that options for migrants in my situation would be to either apply for ILR and if they do not wish to they can apply for subsequent extensions.

I will be extremely grateful if i could get some help and guidance or should I be seeking advice from an immigration specialist

[CR001]

The Tier 1 route has been closed ages ago.

Tier 2 General might be an option if you can find a sponsor.

Unfortunately I do not meet the criteria for ILR as I do not have a continuous stay in the UK.

What is your full immigration history, including visa start and end dates?

Why do you say you do not have continuous residence? What are you absences?

[shrink]

Hi CR001,
Thank you for your reply.

I know that TIER 1 General extensions have been stopped since April 2015 but my situation is different as I have been granted extension under TIER 1 HSMP.

My last extension was in August 2014.

I have spent more than 180 calendar days outside the UK in a year since 2006 (in the last 5 years as well) for a number of years due to certain personal reasons - as far as I am aware this will not make me eligible for ILR.

Since the Judicial Review judgement of 2008 migrants were eligible to apply for ILR/extension under the old HSMP rules.

HSMP did not exist in 2014 but I was still given extension for three years.

I am not looking for extension under TIER 1 General but under HSMP.

I could not find any details regarding the TIER 1 HSMP on www.gov.uk

Hence my query

[ouflak1]

I am not looking for extension under TIER 1 General but under HSMP.

The HSMP category no longer exists. When it ceased to exist, extensions in at category ceased to exist along with it. Here is a recent thread discussing the dilemma.

[O_Relly]

Since you have had your HSMP visa since 2004 (prior to 7th November 2006), you do fall under the HSMP JR and transitional arrangements should ideally apply to you.

See points 9,10 and 12 in the below document, (quote below)
https://www.gov.uk/government/uploads/s ... review.pdf

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.

12. Migrants will be able to apply for subsequent extensions of stay under these
provisions should they not wish to apply for settlement.

Also doing a quick google search I found this archived document,
https://www.gov.uk/government/uploads/s ... 8-14wm.pdf

which states you can continue to extend as a FLR Tier 1 (HSMP), however the document is archived.

See also,
http://www.immigrationboards.com/uk-tie ... l#p1084780

[shrink]

Thank you O_Relly and Ouflak1 for your responses.

I had been through the the threads discussing this issue but I still did not have any clear answers hence I posted my query on the forum.

I can understand that TIER 1 General category no longer exists so there can be no extensions associated with it because there is a clear mention that from April 6 2015 this category will no longer exist.

Regarding HSMP there was a judicial review which is not the case with TIER 1 General.

As discussed in the thread there is no mention of number of extensions nor there is mention that you have to apply for ILR after certain number of years - rather the guidance mentions that you can apply for subsequent extensions if you do not want to apply for ILR.

The guidance for TIER 1 General extension mentions HSMP and redirects you to UKVI website - but there is no mention of HSMP over there and no forms exist for extension in this category.

The TIER 1 (HSMP) guidance and form has been archived as rightly mentioned by O_Relly.

I could not find any mention of HSMP in the new immigration rules.

My argument is that there was a JR in case of HSMP which clearly stated the extension clause without any limit to number of the extensions.

Ouflaf1, you have mentioned that there can be no extensions in a visa category that no longer exists but HSMP did not exist in 2011 and 2014 when I got my previous extensions.

I understand that there is lack of clarity regarding this issue hence my post on the forum and some repetition of issues which have already been discussed.

I am thinking of consulting an immigration expert - do you think that will be the right course of action? or should I contact UKVI?

[ouflak1]

I am thinking of consulting an immigration expert - do you think that will be the right course of action? or should I contact UKVI?

It doesn't matter who you consult with. In the end you have to convince the government of two things:

• 1. That what they meant was that there were an unlimited number of extensions available to HSMP visa holders.
  
  2. They need to reopen the HSMP category to allow for 'extensions' in this category.

If you can't convince the government that these two things must happen, then there is no point in bothering with the idea of getting an extension in either of these now defunct categories, especially HSMP. The only way I see this happening is through a successful court case.

[shrink]

Thank you very much for your reply.

Is there anyone else in my situation ie not eligible for ILR and need extension of HSMP.

May be we could all get together and plan what to do next.

I understand that there will be very few in this situation but I will be extremely grateful if could get in touch with me.

[CR001]

No, unfortunately there are almost none left in your situation. Most switched to Tier 1 General or have since applied for ILR.

Is there no 5 year period of 12 month cycles (not necessarily calendar months) that you have less than 180 days absence?

[shrink]

Hi CR001 for your reply.

Looks like my days of working in the UK are numbered, need to start planning life in India.

[O_Relly]

It was explicitly mentioned on the http://www.gov.uk website that options for migrants in my situation would be to either apply for ILR and if they do not wish to they can apply for subsequent extensions.

It still is. Here (click). The fact that this document is still active in gov.uk goes on to show we can consider it as credible and live information.

As I have quoted in my previous comment, from point 10,
10. Their grant of leave will confer the same rights and impose the same
conditions as their previous HSMP leave.

So if you had extended your visa, there was clearly no switching into Tier 1 General and you should still confer the same rights and conditions as your previous HSMP leave.

and from point 12,
12. Migrants will be able to apply for subsequent extensions of stay under these
provisions should they not wish to apply for settlement.

are eligible to continue to extend, should you wish not to apply for ILR.

Also there is no explicit mention of closure of extension and settlement of HSMP JR applicants, like they have clearly made an announcement for Tier 1 (General) in gov.uk.

My interpretation is that you would still be eligible for FLR Tier 1(HSMP).

It's definitely worth seeking professional help and getting an opinion from a good immigration lawyer.

As far as I am aware, HSMP JR applicants only required 4 years of continuous residency to be eligible for ILR and NOT 5 years.

Not trying to give you false hope here, just pointing out not to give it up completely, before being 100% certain.

Good Luck.

[shrink]

Thank you O_Relly for your reply.

The points you have mentioned crossed my mind as well hence I am hopeful but have to be realistic as well.

There is no mention of TIER 1 HSMP extension in the new immigration rules/changes to TIER 1 General which made me seek help from members of various forums.

Thank you once again for the information and encouragement.

[O_Relly]

No problems. I hope you make it through successfully. Keep this space posted on the outcome so someone else in a similar situation may be benefited.

Cheers.

[O_Relly]

Hi - I see both mine and Shrink's earlier posts have been silently edited to remove references made to a certain external forum. I wasn't aware this wasn't allowed, but certainly would have appreciated a moderator edit notification.

[UKBALoveStory]

Thank you very much for your reply.

Is there anyone else in my situation ie not eligible for ILR and need extension of HSMP.

May be we could all get together and plan what to do next.

I understand that there will be very few in this situation but I will be extremely grateful if could get in touch with me.

Why don't you list all your absences here for some senior member to have a look. May be they can see something which you might be overlooking...

[ikkhan]

Hi CR001,
Thank you for your reply.

I know that TIER 1 General extensions have been stopped since April 2015 but my situation is different as I have been granted extension under TIER 1 HSMP.

My last extension was in August 2014.

I have spent more than 180 calendar days outside the UK in a year since 2006 (in the last 5 years as well) for a number of years due to certain personal reasons - as far as I am aware this will not make me eligible for ILR.

Since the Judicial Review judgement of 2008 migrants were eligible to apply for ILR/extension under the old HSMP rules.

HSMP did not exist in 2014 but I was still given extension for three years.

I am not looking for extension under TIER 1 General but under HSMP.

I could not find any details regarding the TIER 1 HSMP on http://www.gov.uk

Hence my query

Dear Shrink
Hi , i'm also in same situation, were you able to find any clue to that?
kind regards,
ikkhan

[ikkhan]

No problems. I hope you make it through successfully. Keep this space posted on the outcome so someone else in a similar situation may be benefited.

Cheers.

HI, was anyone able to get any clue to the problem, i'm facing same problem.
best regards