morethan 7 years on HSMP(JR) and want to extend

[ramdev0180]

hi my name is Ram.

i am into uk on hsmp visa in jan2006 which comes under initial HSMP Judicial review. below are my details

Initial HSMP approval : DEC 2005
HSMP Visa Stamped : Jan 2006 (1 year according to old rules)
Got 1st extension :Jan 2007 till feb 2011( 4years ,till jan 2010 according to old rules)
Got second extension : Jan 2011 till jan 2014 (3 years but at this time they have automatically changed my visa into Tier 1 General Points based system and sent a letter along with my passport stating that now my visa has been changed to tier 1 and in case any future changes of rules of tier1 will apply to you.) But as i hold an HSMP approval letter dated Dec 2006 i should fall under Initial Judicial review (with 4 years ILR option) and i should be able to extend my leave to remain any number of times if i am not intrested for ILR.

the reason for not applying for ILR is that i was out of UK for morethan 1 year so now i am not elegible to apply for ILR so i am forced to apply for tier1(they consider) extension in jan 2014.

I hold a HSMP Approval letter dated DEC 2005

My querries
1 : Now my question is will my application in jan 2014 for extension of stay will be considered as pointbased system or considered under Initial Judicial review of HSMP without showing points?

2: Do i need to qualify with points?

3.Do i need to prepare my documents and earnings to get the points? for 2014 jan extension?


any one please help regarding my query any help will be appreciated

waiting for anyones reply
thank you
ram

[geriatrix]

In 2011 when you applied for extension, did you use FLR Tier 1 (HSMP) form or the Tier 1 (General) application form.

[ramdev0180]

hi sushdmehta , thanks for your reply


actually i processed through a solicitor and i don't really remember weather i signed for tier1 general or flr tier 1 (hsmp) and i did not shown any documents for the qualifying points criteria with that application. and i only shown maintenance of funds and self employment registration and i was not working at that moment.

But in the UKBIA letter with returned with my passport says " thank you for applying for leave to remain under Tier 1 General points based system" and This extension of leave to remain completely replaces your previous leave including any conditions that were attached to that leave... etc etc.

i am really confused and worried.
If they have changed my visa to Tier1 General PBS can i still apply for future extensions under HSMP (JR) i dont understand.


thank you
regards

[gaurav76.5]

yes you can..the criteria will always remains the same

[geriatrix]

Apply for extension using the FLR Tier 1 (HSMP) form.

[ramdev0180]

thank you for your reply,,


but the UKBIA letter says that my visa is completely replaced by Tier 1 General PBS, that s making me curious that weather they later will say that you i no longer will can apply for leave to remain with FLR (HSMP) as my visa status is tier1 general PBS before. DO u think that i need to write a covering letter telling the whole story with the application and send my Initial HSMP approval letter.

Do you think that any problem arises at the time of extension and i have to qualify for points based system.?

thank you

[ramdev0180]

i mean if they check the previous leave to remain is Tier1 PBS and if they say i am not supposed to use FLR 1 (HSMP) than i will be in trouble at the time of applicatio...

[geriatrix]

Once a HSMP JR migrant, always a HSMP JR migrant - unless you (voluntarily) switch to a different immigration category. UKBA cannot force a switch on you.

[ramdev0180]

hi sushdmehta,
thank you for your valuable suggestions you previously made
i still getting questions in my mind about the issue please help.
------
As i am not sure weather i applied for my leave to remain with Tier1(general) application or Flr1 (Hsmp) in jan 2011 .

1.If i was applied with Flr1 Hsmp then there should not be any problem i understand.

2. If i was applied for extension with Tier1 General application form then the questions arises.
::If i apply with Tier1 (general) application form for extension in jan 2011 then does it mean that i voluntarily accepted to switch my visa from HSMP to Tier1 PBS?... and i have not claimed any points for qualifying criteria at the time of application.
:: In case if the above sentence is correct then can i still apply for FLR 1 HSMP for extension in Jan 2014? or they will restrict me to the tier1 PBS and asl me to claim the points to qualify( which is no way possible by me)?
:: Initial HSMP approval is valid for only 6 months and now my visa says its Tier1(general)PBS according to UKBA in 2011 jan. i feel like i will be in trouble with extension application in jan 2014.

:: Regardless of all the above points can i stongly believe that i hold a initial HSMP approval Letter Dated Dec 2005 which fall under first Judicial review policy document and overcome all the questions arises in future and can able to go ahead with the FLR 1(HSMP) application for extension in Jan 2014???

the reason why the questions are in jan 2012 i will be having only 1 month time for my extension and in case if i get refused by applying with FLR 1 (HSMP) and they ask me to apply with Tier1 (GENERAL) PBS. then that will be a mess. so i would like to clarify this issue now itself .

And can you please let me know is there any way that i can contact UKBA people regarding this and confirm about this?

i would be very happy if you make points with the above information.

thank you

ram.

[geriatrix]

I cannot comment on whether the PBS application form at the time allowed HSMP JR migrants to use the same form and how was your application approved using the PBS form but without the PBS documentary evidences. Neither can I comment on why you were not asked by UKBA to fill up the FLR Tier 1 (HSMP) form when they received the PBS form without the evidences.

As for the leave granted, ever since Tier 1 (General) was introduced, even HSMP JR migrants applying under the JR policy using FLR Tier 1 (HSMP) form were issued vignettes that said "Tier 1 (General) migrant". Just because it said so on the vignette did not (and does not) mean that HSMP JR migrants are now subject Tier 1 (General) qualifying criteria.

So, I will re-iterate what I have said before - apply for extension using FLR Tier 1 (HSMP) form.

[ramdev0180]

hi, sushdmehta
thank you .

can you confirm me weather Tier1 general(HSMP) and TIER1 general PBS are same? or the Tier 1 general(Hsmp) is a transitional arrangement under Tier 1 general PBS ?? i am confused.

Very shortly i am applying for dependent visa for my wife outside uk, so in the dependent application form what should i write under the Main applicant(me) immigration status in UK.

My Initial HSMP approval dated Dec 2005 so i fall Under initial JR doc
1st extension in feb 2007 says leave to remain as Highly Skilled Migrant
2nd extention in jan 2011 says Leave to remain as Tier1 General PBS

Now doo i write my immigration status as Tier1 General (HSMP) or Tier1(general) PBS for my Dependent application

My latest Leave to remain approval letter which i got along with my passport says i have been given leave to remain as Tier1 (General ) PBS.

and is there a different rule for Maintenance of funds for both of them for dependant visa?

Maintenance funds In My case : Dependant application from outside UK (principal migrant has been in the UK for more than 12 months) = howmuch funds do i need to show for the dependent and howmuch for myself)?

-- i am willing to show maintenance funds (morethan 600 pounds worth frm 90 days)in my wife's account outside uk and she has a joint account with her father , so do i need to submit any letter from her father(joint acc holder ) stating that he doesn't hav any objection if she take funds for herself?


regards
ram

[geriatrix]

There is nothing called "Tier 1 General (HSMP)". Never was!
You are a HSMP JR migrant issued Tier 1 (General) leave under the old (non PBS) criteria.

With HSMP (and the JRs) a distant memory, no one at local BHC or the local VAC will know anymore that dependants of HSMP JR migrants should use VAF2 form to apply for entry clearance, and not VAF10. And if you try to use VAF2 instead of VAF10, they you will tell you that you are wrong and the application cannot be accepted.

So, your dependants are left with only one option - use VAF10 form to apply for entry clearance along with the required PBS evidences (e.g. - maintenance fund).

See also Guidance - Tier 1 (General) Dependent application.


On a related note, may I ask why you do not want to apply for settlement? Is the PBS criteria stopping you from doing that or is it for some other personal reason?

[ramdev0180]

hi ,sushdmehta
thanks for your previous reply.

The reason why i am not applying for ILR is that i was outside Uk for quiet long time in the total 7 years period of my visa.

After i got my HSMP entry clearance in jan 2006 due to personal reasons i had to go to my home country in august 2007 and had to stay there till sep 2010. and then in March 2011 to june 2012.

so
AUG 2007 to Sep 2010 (3yesrs 1 months continuously )
March 2011 to June 2012(1 year 2 months continuously)

in total i was out for 4years 3 months.

I am sure that i have read somewhere in the JR final Policy document dated 9th july 2009 that due to changes in the rules of HSMP who ever left the UK and some people got their visa are refused and left UK, they can still consider the time spent out of UK for ILR and apply for ILR.

so is ther any way that i can fit myself into the above sinario that " due to change in rules of hsmp and thinking that there is no future for me in this country and left UK for longtime and after the JR released then i have decided to come back and applied for second extension in jan 2011. Does it make sense ?

Initial HSMP approval : DEC 2005
HSMP Visa Stamped : Jan 2006 (1 year according to old rules)
1st extension :Jan 2007 till feb 2011( 4years ,till jan 2011 according to old rules)
Got second extension : Jan 2011 till jan 2014

out of UK from
AUG 2007 to Sep 2010 (3yesrs 1 months continuously )
March 2011 to June 2012(1 year 2 months continuously)

In the middle all changes happened to HSMP and JR was released later.

Do you think that there is a chance to apply for ILR with the above circumstances without going for future extension?

please advise
regards
ram

[geriatrix]

Since your absences were due to personal reasons and not because you were forced to leave UK because of the unlawful policy (higher qualification points to extend) by UKBA, your absences cannot be disregarded for the purpose of settlement under HSMP JR (settlement) policy.

[ramdev0180]

thank you

so do i need to apply for my extension by tier1 PBS in jan 2014?

[geriatrix]

I have answered this question - twice already!

[ramdev0180]

hi
i apologise if this is a repeated question but i am confused after reading tier1 dependent policy guidance .. plz help

i am in uk on tier1 and applying for dependent visa outside UK

1. it it alright to show 600 pounds worth of foreign currency from 90 days for maintenance funds for dependent in dependents account.

2.My wifes account is a joint account with her father ... is that going to be any issue if it is a joint account with a family member other than the main tier1 applicant?

3. In my bank account in UK i am showing around 2800 pounds and accountant letter and projected income for morethan 28K.

please confirm weather the above documents are sufficient for dependent visa outside UK

please advice

regards
ram

[geriatrix]

See also Guidance - Tier 1 (General) Dependent application.

1. Yes.
2. Yes.
3. If you are showing 3 then why do you need 1 or 2?

[ramdev0180]

thank you for your response!!

The funds in my bank account in UK has gone down under 600 pounds in the last 90 days so i had to show my spouse account from outside uk.

Do i need to show funds for myself(main tier1 migrant) aswel? anything like not less than a specific amount from the last 90 days or just the balance in the bank account in uk.? now i have a balance of 2800 pounds but they gone down under 300 in the last 90 days. is this going to be alright?

plz help

regards

[ramdev0180]

hi sushdmehta, thank you for your previous response,,

can you please answer for my previous post please?

thank you
regards
ram

[ramdev0180]

hi, sushdmehta

i am ram...

i am on tier 1 visa and i am applying for dependent visa for my souse outside uk.

i am self employed(individual) from last 6 months , in the dependent application form what should i answer for the question
" Name of company where the main applicant is working/will work"

and i am submitting accountant letter stating that i am self employed(individual) and earning certain amount . so along with the accountant letter do i need to send " invoices for the services i did"
are they necessary. please helpasap as i am applying in a weeks time

thank you
ram

[ramdev0180]

hi sushdmehta,
my name is Ram.
we had a discussion before about my situation!!

i think i am in trouble!!!

i am into uk on hsmp visa in jan2006 which comes under initial HSMP Judicial review. below are my details

Initial HSMP approval : DEC 2005
HSMP Visa Stamped : Jan 2006 (1 year according to old rules)
Got 1st extension :Jan 2007 till feb 2011( 4years ,till jan 2010 according to old rules)
(Mistakenly i have used Tier 1 PBS switching application form for extension which has got HSMP JR section for not claiming the points) and Got second extension : Jan 2011 till jan 2014 (3 years but at this time they have changed my visa into Tier 1 General Points based system and sent a letter along with my passport stating that now my visa has been changed to tier 1 and in case any future changes of rules of tier1 will apply to you.) But as i hold an HSMP approval letter dated Dec 2005 i should fall under Initial Judicial review (with 4 years ILR option) and i should be able to extend my leave to remain any number of times if i am not intrested for ILR.

the reason for not applying for ILR is that i was out of UK for morethan 1 year so now i am not elegible to apply for ILR so i am forced to apply for tier1(they consider) extension in jan 2014.

I hold a HSMP Approval letter dated DEC 2005

My querries
1 : Now my question is will my application in jan 2014 for extension of stay will be considered as pointbased system or considered under Initial Judicial review of HSMP without showing points?

2: Do i need to qualify with points?

3.Do i need to prepare my documents and earnings to get the points? for 2014 jan extension?

4. I have used the Tier 1 Switching application form for the previous extension in 2011 Jan for extension (Do i still fall Under JR)?


any one please help regarding my query any help will be appreciated

waiting for your reply
thank you
ram

[ramdev0180]

senior members please help with my previous post!!!


regards
ram