HSMP visa refusal

[aspirer]

Hi,

I applied for asylum a few years back while in UK on a valid visa. The asylum application was refused and I was removed to my country. After a year I applied for HSMP from my home country and was approved on points basis. But when I applied for a UK visa based on HSMP approval it was refused. I filed an appeal. There was no progress on the appeal and after a couple of years there was a response that the records have been lost and that either I should apply for a fresh application or resend them the visa refusal statement on which they can allow me to file an appeal again.

I have heard that visa rules have changed with respect to refused asylum seekers. Which option should I go for. Refiling the appeal means paying the lawyer's fee again and other expenses.

Thanks

[push]

You cant apply afresh as the scheme is closed for applicants from outside UK

[aspirer]

The letter states a waiver of visa fee in case I opt for making a fresh application. I think if I decide to make a fresh application it will be a fresh visa application rather than a fresh immigration application with the previous HSMP approval still valid.

[mulderpf]

AFAIK, HSMP approval letters are only valid for six months.

You cannot make a fresh visa application for this category, as Tier 1 (General) replaced HSMP. However, HSMP is closed completely and Tier 1 (General) is closed for applicants from outside the UK.

I don't think it will be possible for you to make a fresh application for this.

How long were you given to file an appeal? These things aren't valid indefinately...

[aspirer]

I understand. But if they have said so they must be allowing relaxation of the rules to make a special case. The records were lost on their part and I shouldn't loose because of this. The letter is three months old and I am deciding to respond asking for allowance for a fresh application. The fact that they have allowed waiver of visa fee and not the HSMP application fee should mean that they mean I can reapply for just the visa.

[innocentdevil]

I would apply because the letter from HO states that they lost the docs and not. I would file HSMP and include a cover letter and copy of the letter from HO (lost docs) and give it a try and see how it goes.