Difficult case expert help please

[psudz]

My friend is a doctor in training and had his HSMP approved in February 2007. He received two year 'leave to remain' at that time.

He applied for extension of stay well before expiry of HSMP under Tier 1 general category. Unfortunately his father became too sick and he had to withdraw his passport for urgent travel to India (home office was dragging its feet). He applied again from Delhi once his father became bit stable and his visa has been stamped from 16th March. His first visa expired on 27 Feb 2009.

He has been with his father for last 3 months. He doesn't live in Delhi and his passport was collected by his friends in Delhi. Now he is coming back and has noticed on collection of his passport that it says 'no employment as doctor in training'. Although, he has been granted Tier1 for 3 years.

During his application from Delhi all the details were provided to UK border agency saying that he has been assured 5 year training post from July 07 ( letter from employer) . His initial HSMP was in Feb 2007 (before Feb 2008, when rules changed), we applied before expiry but had to withdraw due to father's illness.

They still have given visa as 'not for employment as doctor in training' . What can be done about it?


Is it an error on home office part? He did apply before expiry but had to withdraw as he had to travel urgently under exceptional circumstances. Would this be considered a 'late application' for HSMP extension? If yes, would he be considered a fresh applicant under new rules?

We still haven't contacted UKBA but does he need to go back and sort it out from Delhi or it can be sorted from here?


I would appreciate help on this matter.

Many thanks

[vinny]

See also Odelola dismissed.