HSMP visa under JR need help

[HSMP(Tier1)]

Dear Senior Members,

New Rules of ILR in April 2018 will make effect on many people who are on Tier 1 visa.

as per rules after april 2018 no ILR application will be accepted. ok then what about Honorable Court Judicial Review Judgement of HSMP 9 July 2008.(clause no. 10 and 12)

in its clause 51 and further 8 to 13 it clearly mentioned that "applicant can apply for subsequent extensions, if they not wish to settlement" ( it shows more than one or many extension by using last "S" not limited to one or two extension)

If I or any other people have short period for ILR then what to do? Can we challenge this that it is break decision of 9 July 2008 HSMP JR Honorable Court Judicial Review Judgement.

When rules / judgement will applicable to 50000 people then same will be applicable to remaining all even if he/she is only one last then also. Other wise it will be injustice to remaining few people because they may not go to lawyer because of high expenses.

Please guide and give your opinion

regards

[O_Relly]

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.

[HSMP(Tier1)]

Dear Friend,
I hope you are right if I think positvely but please refer my following points.

I have HSMP visa before nov. 2006 which is under judicial review and on base of that I got tier1 visa and in 2013 I got 3 years on form FLR Tier1 (HSMP). I may be sort in period for ILR in 2018 so need extension for 2 years may be....

I am in HSMP JR not only Tier1, now read following

1) In Tier1 General Policy based guidence of July 2014 it says in clause 51
"(Unless you are covered by the HSMP Forum judicial review judgment. To apply for an extension of stay you will need to use the FLR Tier 1 (HSMP) application form in conjunction with the FLR Tier 1(HSMP) Guidance Notes available on the website on http://www.gov.uk/visasimmigration)".

Above is for extension... which may give me till 2018.

PLEASE READ FOLLOWING BOLD STATEMENT. IT shows 1) transistional arrangement clause of 2008 is deleted and for HSMP they made arrangement in Appnedix S but nothing mentioned in Appnedix S.

2) in Document "EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 13 MARCH 2014 (HC 1138)"

its clause no. 7.5 they write as below: just read carefully:

7.5. The Tier 1 (General) category, in which applicants scored points for their qualifications, previous earnings, age and UK experience, was closed to new applicants in April 2011 but remains open for extension and settlement applications. The following changes are being made to this category:

Changes are being made to signal the Government’s intention to close the category for extension applications on 6 April 2015, and for settlement applications on 6 April 2018. This should give enough time for applicants who entered the category before its closure to apply for settlement if they can meet the requirements to qualify;

• Provisions for settlement for those affected by the HSMP Forum judgments, previously set out in Appendix S, are being incorporated into the relevant sections in the main body of the Immigration Rules. Minor corrections and deletions of redundant sections are being made at the same time;

The Association of International Accountants is being added to the list of recognized supervisory bodies for accountants from whose members evidence of UK earnings is accepted;

• Redundant transitional arrangements linked to the opening of the category in 2008 are being deleted.


after all UK Home Office do not want to consider HSMP who remain pending. whoever get benefit they OK, but if other remain then they may not get same rights of old rules 2006. and may be not get extensions when as transitional arrangement is deleted then in which category HSMP Visa holder of judicial review can get extension???????no other way remain.

If any opinion then please write...

[O_Relly]

See on this page,
https://www.gov.uk/tier-1-general/apply

It clearly states,
"From 6 April 2015 the Tier 1 (General) category will be closed to applicants who want to extend or switch to this visa."

But it also goes onto clearly say,
"If you were part of the Highly Skilled Migrant Programme
If you’re covered by the Highly Skilled Migrant Programme (HSMP) Forum judicial review judgment, you should apply to extend your stay using the FLR Tier 1 (HSMP) application form instead."

And as for,
https://www.gov.uk/government/uploads/s ... ssible.pdf
which on pg. 5 clause 7.5 states,

"Provisions for settlement for those affected by the HSMP Forum judgments,
previously set out in Appendix S, are being incorporated into the relevant
sections in the main body of the Immigration Rules. Minor corrections and
deletions of redundant sections are being made at the same time;"

Just states that Appendix S is now deleted, and is incorporated in other sections of the immigration rules. I would interpret this as HSMP JR folk as not being affected by this change and are still protected.

For your own peace of mind, you can write a hand written letter to the UKVI asking them to confirm the same.

[HSMP(Tier1)]

Dear Friend,

Thnaks for reply I need little more help that I read as mentioned by you as below:

"Just states that Appendix S is now deleted, and is incorporated in other sections of the immigration rules. I would interpret this as HSMP JR folk as not being affected by this change and are still protected."

1) What and where they have incorporated in other sections of the immigration rules? what its mean and where it is written that what they incorporated for HSMP JR- clearly written details which I/We can give or show immigration officer.

2) what is exact address if of UKVA please provide address or link if you know.

regards

[O_Relly]

See pg 2, points 9 and 12.
https://www.gov.uk/government/uploads/s ... review.pdf

Also see this page,
https://www.gov.uk/settle-in-the-uk/y/y ... -programme

[O_Relly]

See also,
https://www.gov.uk/government/uploads/s ... MASTER.pdf

[HSMP(Tier1)]

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

thanks

[HSMP(Tier1)]

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.

Dear Friend,

Please guide if you have any more information about this then reply because if this 2018 ILR rules applicable for Tier1 General then which form and rules will be applicable to HSMP JR.

Home Office not mentioned anywhere what rules and which application form will be applicable after 2018 for HSMP JR

[HSMP(Tier1)]

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.

Dear Friend,

Please guide if you have any more information about this then reply because if this 2018 ILR rules applicable for Tier1 General then which form and rules will be applicable to HSMP JR.

Home Office not mentioned anywhere what rules and which application form will be applicable after 2018 for HSMP JR

Dear Senior Members,

If you have any guidance or idea for HSMP Judicial Review people who need more extension after 2018 then reply.

because it break judicial review clause (it is mentioned that HSMP JR can extend visa till their ILR)

OR how many HMSP JR person are still need extension after 2018??? please contact me or make group so we can write to Home Office or if need we will go to Hon'ble court for justice

[HSMP(Tier1)]

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.

Dear Friend

I think you are right because in new Tier1 general guidance last date is 6 April 2015 but it is mentioned that for hsmp JR people need to use FLR Tier1 (HSMP) form and guidance.

in FLR (Tier 1) HSMP guidance it is clear mentioned that you can not apply before five week of end of your visa and not mentioned anything about 5 april 2015 or 2018

means this last date rules is not applicable to people who fall in HSMP judicial review

any opinion of anyone? or guidance?

[O_Relly]

Assuming you are the main applicant of a HSMP JR, what are your original dates? when did you 1st arrive in the UK, and how many years of continuous residence have you completed thus far ?

[HSMP(Tier1)]

Assuming you are the main applicant of a HSMP JR, what are your original dates? when did you 1st arrive in the UK, and how many years of continuous residence have you completed thus far ?

Dear Friend,

Thanks for reply. I am main applicant of HSMP and got HSMP approval letter, HSMP Visa and also arrived in UK before November,2006.

I am 100% covered in HSMP Judicial Review of year 2008 and on that base got visa as Tier 1 General (even I was out of UK in 2009). .all time I filled FLR Tier1 (HSMP) and i got visa.I have visa from August 2006 to now Feb 2016.

When last time I went at UK Home Office for inquiry in 2012 they told me that I can apply for ILR or extension as I wish.

My man point is as per HSMP JR clause my previous leave will be counted for ILR or settlement. so If I enter in UK in August 2006 and then left uk then as per HSMP JR rules I got my new tier 1 visa (in feb 2009) , I have about 30 months period (from aug 2006 to feb 2009) which may be counted in ILR as per JR Rules.

1) after 2009 i did not stay in UK due to job recession. can any one guide that now people like me can apply for ILR direct or need to prove continuous stay of five years in UK?

2) no continuous stay ( I came five times in uk from 2006 to till date (stayed 4 or 5 months and back) and tried for better high skilled job to follow my visa as HSMP)

3) As per new guidance am i right that 6 April,2015 last date rules is not for HSMP JR people?

4) my current visa end in Feb 2016 so can i apply for further extension or ILR (If not stayed UK continuous)
please guide

[HSMP(Tier1)]

Dear all Friends,

I fall under HSMP Judicial Review (Before Nov.2006)

New Rules of april 2015 of close extension is breaking HSMP Judicial Review clause as below:

as per rules after april 2018 no ILR application will be accepted. ok then what about Honorable Court Judicial Review Judgement of HSMP 9 July 2008.(clause no. 10 and 12)

in its clause 51 and further 8 to 13 it clearly mentioned that "applicant can apply for subsequent extensions, if they not wish to settlement" ( it shows more than one or many extension by using last "S" not limited to one or two extension)

Even I tried to clear and requested home office to reply but got answer that they did not mentioned that extension will be given indefinite time....
but same time I replied that please show me where it is mentioned that extension will be given two three or four or five times?

but not get any answer.. and as per me it is breach of Hon'ble court judgement... so plan to apply for ILR (with break in UK stay) as they not allow extension...if they will refused then it will be injustice to me and plan to fight against it...(either extension or ILR)

When rules / judgement will applicable to 50000 people then same will be applicable to remaining all even if he/she is only one last then also. Other wise it will be injustice to remaining few people because they may not go to lawyer because of high expenses.

Please guide and give your opinion and give link or address of free lawyer help services because one person can not fight against Home Office.it will be costly and no one can afford. but same it does not mean that I or anyone who have less money have no right to get justice....??????
give your view please

Dear Senior Members,

New Rules of ILR in April 2018 will make effect on many people who are on Tier 1 visa.

as per rules after april 2018 no ILR application will be accepted. ok then what about Honorable Court Judicial Review Judgement of HSMP 9 July 2008.(clause no. 10 and 12)

in its clause 51 and further 8 to 13 it clearly mentioned that "applicant can apply for subsequent extensions, if they not wish to settlement" ( it shows more than one or many extension by using last "S" not limited to one or two extension)

If I or any other people have short period for ILR then what to do? Can we challenge this that it is break decision of 9 July 2008 HSMP JR Honorable Court Judicial Review Judgement.



regards

[ouflak1]

Even I tried to clear and requested home office to reply but got answer that they did not mentioned that extension will be given indefinite time....
but same time I replied that please show me where it is mentioned that extension will be given two three or four or five times?

To which their logical response would be that they did not specify a particular number of future extensions or any limited number of extensions either. Clause 51 says that the applicant can apply for subsequent extensions. It doesn't say anything about whether those extensions will still be available or that there must be extensions available for which to apply. If those extensions are available, then HSMP JR says the applicant may apply for such. The current situation is that those extensions are no longer available, and thus there is no longer anything else equivalent to apply for in this regards. This may have been a lapse, or perhaps done purposely with the knowledge of what was to come years ahead. In any case, since the JR didn't cover this scenario, it is what is: left to interpretation as the Home Office sees fit.

[HSMP(Tier1)]

Yes Dear friend,

I agree with that but as per HSMP JR I have same right to all old HSMP have..and if home office interpretation is that extension is closed then same time my interpretation is it is clearly written subsequent extension.... so this is matter of clearly what is judgement (nothing is written that home office interpretation is accepted and can decide how many extensions)

I got reply that you can apply for ILR also. but I wish extension as i need more time for continuous stay... and when honorable court says that injustice done with HSMP people then its judgments advantage or results will be applicable to all.... so to me also.....judgement also said that "same rights as old HSMP had"

situations of life is not same for all they recover in 5-7 years but i can not so need time.....when injustice done to all HSMP then time recovery may be also not defined as 5 years /10 years whatever.....

It is not written anywhere that extension will be 2 or 3 or 4 or of how many years.... it is written subsequent...means one and then other then other....I know you are also right but if they close extension then they have to give ILR weather whatever condition....if not then why I or people like me two or three should remain away from justice....

My situation is different and it takes time for recovery form their HSMP injustice then??????????

I am talking only as per written document.... of HMSP JR nothing interpretation..... and if they do not agree then it is clearly injustice to remaining people...

Even I tried to clear and requested home office to reply but got answer that they did not mentioned that extension will be given indefinite time....
but same time I replied that please show me where it is mentioned that extension will be given two three or four or five times?

To which their logical response would be that they did not specify a particular number of future extensions or any limited number of extensions either. Clause 51 says that the applicant can apply for subsequent extensions. It doesn't say anything about whether those extensions will still be available or that there must be extensions available for which to apply. If those extensions are available, then HSMP JR says the applicant may apply for such. The current situation is that those extensions are no longer available, and thus there is no longer anything else equivalent to apply for in this regards. This may have been a lapse, or perhaps done purposely with the knowledge of what was to come years ahead. In any case, since the JR didn't cover this scenario, it is what is: left to interpretation as the Home Office sees fit.

[hsyasin]

Reading this has got me worried now.. My wife who came in Sep2013 will be completing her 5years of stay in Sep 2018, what will happen to her case?
Will she be able to apply for ILR?

I'm eligible for ILR in Mar2016 and her dependant visa is expiring in Mar2016, and I was thinking about getting another pbs dependant extension to complete her 5 years..
So what do you experts suggest I do?
Apply extension for her, or switch to FLR(M) (which will reset her 5 years)?

[askhan]

Hi Mate.

You dont need to worry as ILR will be closed for T1G Main applicants in April 2018, it will not effect the dependents.

Thanks
Ak

[ouflak1]

I agree with that but as per HSMP JR I have same right to all old HSMP have

Even those on the old HSMP didn't have the right to extensions indefinitely. They had the right to extensions only as long as that category existed and extensions were made available. That should be intuitive.

..and if home office interpretation is that extension is closed then same time my interpretation is it is clearly written subsequent extension.... so this is matter of clearly what is judgement (nothing is written that home office interpretation is accepted and can decide how many extensions)

I kind of agree with you and your interpretation. But I believe the only way you are going to get any kind of special concession or transitional arrangement is through the courts extending the interpretation of the clause to be more explicit with regards to future extensions.

It is not written anywhere that extension will be 2 or 3 or 4 or of how many years.... it is written subsequent...means one and then other then other....I know you are also right but if they close extension then they have to give ILR weather whatever condition....if not then why I or people like me two or three should remain away from justice....

I think a fundamental point here is that the UK can close/open/modify visa arrangements as it sees fit. Obviously some court cases, notably the HSMP JR, and even the unsuccessful WP equivalent, forced some reasonable amount of consideration for retroactive changes affecting current residents in the UK. But the UK has learned from that and they are much more careful with their wording, what they promise, and what they tell people who go onto these visa journeys.

I'm guessing that you are just to going to have to find some way to fight this one out.

[HSMP(Tier1)]

Thanks Dear Friend,

My simple point is Government can decide as they wish but when once court says injustice then it is injustice and again I repeat that some people can recover in 2 years/ 3 years but I need more because ....situation of all are not same.

Second point is as per my knowledge judiciary system and government decisions are different and Government can decide as they wish but when one line is written by court then government have limitations. They can not decide as they feel fit. simple word follow the Honorable court judgement.....

This is my view and You are 100% right dear friend but even then I will going to apply and wish to see decision of Government. then will go to court and all Government officials again.

As per me no interpretation should be valid or accepted ...if you observe (or for me --if government have) anywhere written that extensions are limited to 1,2 or 3 then show in document. I stick on that and rules are working as document says not on fit judgement or suitable decisions of government or even me also as they feel or i feel as fit.

My simple requirement give extension and if not then what? (looking to court judgement only now)

I will going to try even fail then also no problem but will going to try and request government and court that as per rules all must be given same justice then why i should remain...

As per clause 8-12 of HSMP JR it is written that migrant have same rights and also
clause 9 b (b.Enough leave to enable the applicant to complete the qualifying period for settlement) and clause 12(12.Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement.)

Now lets see what my future says and I know UK government go positively and in details through each points this was my previous experience. So not worried about justice..

If anyone have any view then please write hear weather it is positive or negative for me. Its OK all are welcome
regards,

I agree with that but as per HSMP JR I have same right to all old HSMP have

Even those on the old HSMP didn't have the right to extensions indefinitely. They had the right to extensions only as long as that category existed and extensions were made available. That should be intuitive.

..and if home office interpretation is that extension is closed then same time my interpretation is it is clearly written subsequent extension.... so this is matter of clearly what is judgement (nothing is written that home office interpretation is accepted and can decide how many extensions)

I kind of agree with you and your interpretation. But I believe the only way you are going to get any kind of special concession or transitional arrangement is through the courts extending the interpretation of the clause to be more explicit with regards to future extensions.

It is not written anywhere that extension will be 2 or 3 or 4 or of how many years.... it is written subsequent...means one and then other then other....I know you are also right but if they close extension then they have to give ILR weather whatever condition....if not then why I or people like me two or three should remain away from justice....

I think a fundamental point here is that the UK can close/open/modify visa arrangements as it sees fit. Obviously some court cases, notably the HSMP JR, and even the unsuccessful WP equivalent, forced some reasonable amount of consideration for retroactive changes affecting current residents in the UK. But the UK has learned from that and they are much more careful with their wording, what they promise, and what they tell people who go onto these visa journeys.

I'm guessing that you are just to going to have to find some way to fight this one out.

[geriatrix]

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.

[HSMP(Tier1)]

Dear Senior Member,

I am very thankful to you and you guided me before also. I know there is no separate form but same time I stick to HSMP JR Clause 8 to 12 which i have written in previous post.

weather I stay or not or my situation was different because of which i did not able to stay more but when case is belongs to Honorable court judgement then this application is not between home office and me only but it related to honorable court judgement .....so before ignoring me or others like me....even if I alone then also how i remain alone out of benefit of judgement?

this is judgement of Honorable court which is clearly written that "same rights as previous HSMP holder had" and "can extend subsequently if not wish to settlement",,, my question is where it is written that up to 5 yrs 7 yrs or 2 3 5 extensions?

If honorable court is not in between or linked with HSMP JR then I can not request or do any argument....I have no rights.

As per my study Home office can close any category but cant ignore Honorable Court Judgement and its affected peoples....as it was mentioned that benefit to be given till last person.....and dd not give time limit to home office to close rules.

In 2006 and 2007 i came UK two times considering to achieve high income level and even then government did not change rules....but when honorable court given judgement then old rules of HSMP are applicable...so if i went back because of my unavailability of job in 200-2013 then same time i had two job in 2006 and 2007 and i was settled with my family in 2007.....so what about that? and for me its takes time to settle my life because of this injustice....

(I consider as per legal point : That's why Honorable court did not say anywhere that two or three extensions.....but simple subsequent.extensions...)

I know Home Office has close visa but same time why they have written that HSMP JR holder have to follow guidance as per FLR(Tier1)HSMP in tier 1 general guidance addendum which was published for applicant of Before April 2015. as per that statement when we refer FLR (Tier1)HSMP Guidance it was written on page five that u can only apply for extension not before five week of expired of your visa.....they need to remove it before published it....

why two different statement...

Lets see even then i am trying and requesting home office with this simple court judgement....either extension or if it is closed then what?????

second point is if I am coming to UK then at airport do i need to pay any IHS or NHS fees? or what to do precaution for that?

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.

[HSMP(Tier1)]

Dear friends,

I am HSMP Visa Holder of year 2006 and still not get ILR but I fall in HSMP JR...my main question is If I am coming to UK then is there any fees or procedure I have to pay or follow at airport or after arrival in UK for new health charges? mean IHS or NHS?

I had already registered my self with local surgery at my residence area in UK.

Please guide.

[CR001]

No. IHS is payable before making an application for entry clearance or an application for an extension. If you already have a valid visa prior to this rule of IHS, then you don't need to pay anything, unless you extend or switch your visa.

IHS is not payable if applying for ILR.

[geriatrix]

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!