HSMP Holder could not use VISA

[AkashS]

Hi Friends,

I am already having UK HSMP which is valid till March 2009. I got this Visa in March 2007 but for some personal reasons I could not use this Visa. Now the visa is valid for another 7+ months and if I go there now, it will be very difficult for me to get an extension.

Can anyone please suggest me if I can still apply for New HSMP (Tier-1) while having valid HSMP Visa on PP? Or is there any way that I can get at least 1 year extension on my current Visa? Please suggest. I have very little work to take decisions weather I should leave every thing in India and go to UK or what should I do? Please suggest. Thanks.

Regards,

Akash...

[geriatrix]

To apply for an extension you have to be in UK.

Reserving my comments on whether an Immigration Officer will be convinced to let you enter UK on your current HSMP visa, but since your HSMP was approved before Dec-06 changes (checked your old posts ) you do not have to fulfil the new extension criteria imposed in Dec-06 (meet the 75 point requirement based on the various attributes). Read HSMP JR - Policy document for details.

So you might still want to consider entering UK now, make efforts to become "economically active" in UK and take your chances when the time for extension comes (march 2009). It is up to you!

At the time of HSMP application, you promised to make UK your home. Now that you have failed to keep that promise, it is difficult to predict if this fact will have a bearing on your Tier 1 application or not. Not sure if anyone else has done something similar ... no such case posted on the forum at least!

regards

[AkashS]

Dear Sushdmehta,

Thanks am lot for your suggestions. I saw that other post also with similar case. I got HSMP approval on 23rd Nov 2006 and I applied for Visa in March 1st week.

As you mentioned that you cannot be sure if Immigration officer will be convinced that I am again eager to make UK as my main home. Would you suggest me to give a try and come to the UK and then apply for extension with a cover letter stating why I could not use the visa before? Please suggest.

Regards,
Akash...

[geriatrix]

As you mentioned that you cannot be sure if Immigration officer will be convinced that I am again eager to make UK as my main home. Would you suggest me to give a try and come to the UK and then apply for extension with a cover letter stating why I could not use the visa before? Please suggest.

I don't think anyone else will be able to answer that for you.

The first hurdle will be the IO - you'll have to convince him as to why you couldn't travel to the UK earlier (in the 16-17 months since the visa was granted to you) and why should you be allowed to enter now! If he is not convinced, he can refuse entry.

The second hurdle will be convinving UKBA (at time of extension), but I think this will be much easier to overcome ... specially so if you can start earning in the UK before your extension becomes due.

You cannot eliminate the risk, but only minimize it! How you do it depends on your circumstances and your ability to offer convincing reasons whenever and wherever required. No one can judge your case better than you.

regards