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Hi Guys,

Firstly a big thanks to all the people here who've helped me with all my immigration queries so far especially while making my dependent application under HSMP (JR ruling). Your help was immensely useful and much appreciated.

without taking much of your time, here are the questions i have with regards to ILR. Although i found answers to most of my queries by going through various posts, i'd be greatful if you guys could confirm the following for me.

Background: HSRP holder, applied in December 2005, got EC in March 2006, entered UK 19th June 2006, got my LTR extension for 4 years until March 2011.

I believe under the HSMP JR ruling i can apply for my ILR 28 days prior to completion of 4 years in the UK providing i meet other criteria as mentioned under the ILR guidelines.

Could you please confirm the following for me

Given that my 4 yr completion date falls on 19th May, counting 28 days back is 22nd May, which is Saturday, therefore can i make the application the following monday, 24th May?

Documents required are: please confirm
P60's for 4 years
Bank statements/Payslips - Last 4 months
Utility Bills
Confirmation of Employment letter

My wife recently joined me as HSMP dependent and received entry clearance on the 1st April 2010 (visa valid for a year). Will she be eligible to apply along with me?

I'm planning to apply in person, so i think i need to book a family appointment and premium fees (1095+154) = £1249

Many thanks in advance.

Regards
Pravin

Hi

24th May is good to apply,provided you get the slots

Your Documents seem fine - don't forget the initial HSMP approval letter to prove you fall under HSMP (JR).

Your wife can apply with you on the SET(O) form as your dependent.
£1249 is the amount you need to pay..

Do you know when you're going in person to apply, yet?

Good Luck.

Dear Friend,

Thanks for your response, and thanks for pointing out the much needed HSMP letter, i'll make sure this goes in as well.

Do you think my dependent wife who's been with me in the UK for hardly a month be eligible to apply with me for ILR.

I just checked the online appointment, i got seperate ref.nos for both myself and wife. Dont know if this would be treated as family appointment. Havent gone that far yet. Do you think its better to just call the immigration bureau and book apptm over the phone ?

Many thanks again
Pravin

Hi,

I just completed booking an appointment for a family group. The earliest and the only appointment i could manage was

for Croydon on the 15th of June 2010. But I'm completing my 4 years period on 19th June although my HSMP visa is valid until march 2011. Is that too close. Thats like 3 days before 4 year completion period. Do you think they'll see me ?

Also on the FAQ, it says

The following people cannot be considered as part of your family group:

•Persons over the age of 18
•Other relatives making a separate application in another category

Does this mean my dependent wont be able to apply with me ?

please help, thanks

If you selected "SET(O) excluding long residency" as type of application and included your spouse details by selecting "Add family member" (or something similar) at the time of registering, you should be fine.

With regards to Croydon PEO, I had a hard time explaining to the clerk(s) who screened my application (initial screening on the ground floor) that dependents of HSMP migrants covered by HSMP JR do not need to spend 2 years in UK as dependent to be eligible for ILR. (In my case, the dependent had entered UK 3 days before the ILR appointment ). He told us that dependent's ILR would be refused if we decided to pay and get the application processed. It was obvious that he had no clue of the immigration rules and the policy guidelines issued by UKBA for those protected by HSMP JR. So, I told him that we want to get the application processed and would take our chances with the caseworker. He stamped "vaild" on the first two pages but wrote "not eligible" on the dependent details page and advised us to go upstairs (payment & processing).

When the caseworker saw our application (and the remarks by the clerk), she questioned the dependent's immigration history, went to consult with someone inside, and upon her return informed us that the dependent was indeed eligible for ILR.

Moral of the story - If the clerks tell you that your dependent isn't eligible for ILR because he/she has not spent 2 years in UK as your dependent, tell him that you would like to get the application processed and will discuss the case with the "caseworker" responsible for considering and deciding on the application.

regards

psridh wrote:Hi,

I just completed booking an appointment for a family group. The earliest and the only appointment i could manage was

for Croydon on the 15th of June 2010. But I'm completing my 4 years period on 19th June although my HSMP visa is valid until march 2011. Is that too close. Thats like 3 days before 4 year completion period. Do you think they'll see me ?

Also on the FAQ, it says

The following people cannot be considered as part of your family group:

•Persons over the age of 18
•Other relatives making a separate application in another category

Does this mean my dependent wont be able to apply with me ?

please help, thanks

Remember you can apply 28days before the end of the qualifying period.

psridh wrote:Hi,

I just completed booking an appointment for a family group. The earliest and the only appointment i could manage was for Croydon on the 15th of June 2010.

thanks for the info!!!!!!!!!!!

i called HO this morning and they said no slots available between 14 - 16th June in croydon, birmingham, liverpool...

After reading your post I checked online and got 8.15 on 15th June

Good luck...

Just to add, do carry a copy of the HSMP JR as even in my case, the case worker did not know about a certain rule and I had to show her a copy. She said "I have learned something new today" upon reading it.
Best regards

sushdmehta wrote:If you selected "SET(O) excluding long residency" as type of application and included your spouse details by selecting "Add family member" (or something similar) at the time of registering, you should be fine.

With regards to Croydon PEO, I had a hard time explaining to the clerk(s) who screened my application (initial screening on the ground floor) that dependents of HSMP migrants covered by HSMP JR do not need to spend 2 years in UK as dependent to be eligible for ILR. (In my case, the dependent had entered UK 3 days before the ILR appointment ). He told us that dependent's ILR would be refused if we decided to pay and get the application processed. It was obvious that he had no clue of the immigration rules and the policy guidelines issued by UKBA for those protected by HSMP JR. So, I told him that we want to get the application processed and would take our chances with the caseworker. He stamped "vaild" on the first two pages but wrote "not eligible" on the dependent details page and advised us to go upstairs (payment & processing).

When the caseworker saw our application (and the remarks by the clerk), she questioned the dependent's immigration history, went to consult with someone inside, and upon her return informed us that the dependent was indeed eligible for ILR.

Moral of the story - If the clerks tell you that your dependent isn't eligible for ILR because he/she has not spent 2 years in UK as your dependent, tell him that you would like to get the application processed and will discuss the case with the "caseworker" responsible for considering and deciding on the application.

regards

Dear Sushdmehta,

Many thanks for your input, i dont know if you remember but you'd advised me couple of months ago while I was applying for my spouse's dependent visa, everything went smoothly, my wife received her passport with the visa stamped within 10 days of application but unfortunately with restriction as i'd feared. I did try to convince them that she's a dependent of HSMP holder covered under the JR ruling, but despite all that she got the endorsement stating - 'Not eligible to work as doctor in training'. Maybe my mrs wasnt lucky enough. But atleast i'm happy she's with me. Thanks for all your help.

This time i'm applying for ILR and am hoping it would go just as fine as it did before. I will tke your advise and do as said, however i was just wondering if you could point me to where i can find the ILR guidelines to support the claim 'dependants of HSMP holder (covered under JR ruling) need not spent 2 yrs in UK'. THis is just in case if i end up in trouble.

Thanks for your time.

Regards
Pravin

gidoc wrote:Just to add, do carry a copy of the HSMP JR as even in my case, the case worker did not know about a certain rule and I had to show her a copy. She said "I have learned something new today" upon reading it.
Best regards

Many thanks gidoc, i'll make sure i take a copy with me, this time i'm doubling up on everything ... rest is fate or destiny. thanks

Documents i'm gonna carry are:-
Set(O) application form
P60 for the last 4 years
Employment letter
Bank Statement/Payslips last 4 months
Utility Bills
HSMP approval letter including FLR extension
Copy of HSMP JR ruling (http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html)

I hope this is it, please let me know if you can think of anything else

thanks and regards
pravin

psridh wrote: if you could point me to where i can find the ILR guidelines to support the claim 'dependants of HSMP holder (covered under JR ruling) need not spent 2 yrs in UK'. THis is just in case if i end up in trouble.

Dependent(s) of HSMP migrants protected by HSMP JR are covered under immigration rules 194 - 196F unlike dependents of Tier 1 migrants who are covered under immigration rules 319A - 319K. Requirements for ILR for dependents of HSMP migrants (196D) do not include any condition that the dependent must have lived in UK as a dependent to become eligible for ILR. On the other had, ILR requirements for Tier 1 dependents clearly specify such a condition (319E(d)).

regards

sushdmehta wrote:

psridh wrote: if you could point me to where i can find the ILR guidelines to support the claim 'dependants of HSMP holder (covered under JR ruling) need not spent 2 yrs in UK'. THis is just in case if i end up in trouble.

Dependent(s) of HSMP migrants protected by HSMP JR are covered under immigration rules 194 - 196F unlike dependents of Tier 1 migrants who are covered under immigration rules 319A - 319K. Requirements for ILR for dependents of HSMP migrants (196D) do not include any condition that the dependent must have lived in UK as a dependent to become eligible for ILR. On the other had, ILR requirements for Tier 1 dependents clearly specify such a condition (319E(d)).

regards

Thanks sushdmehta,
That helps, one last question: with regards to 'English language' and 'Life In the UK' requirement, Rule 135G (iv) clearly exempts HSMP holders (covered by ILR JR ruling), but doesnt look like it exempts spouses of HSMP under Rule 196D(iv). So do you think my spouse should give the 'Life In the UK test' ?

regds
pravin

194-196F not only covers dependents of HSMP migrants but dependents of migrants in other economic categories (e.g.- WP). Only HSMP migrants protected by HSMP JR (and their dependents) are exempt from LITUK test at the time of ILR, by virtue of the JR judgment. Migrants in other categories (and their dependents) are required to pass LITUK test for their ILR application to be considered valid.

This said, HSMP migrants protected by HSMP JR (and their dependents) must pass LITUK test before they can apply for naturalisation.

regards

sushdmehta wrote:194-196F not only covers dependents of HSMP migrants but dependents of migrants in other economic categories (e.g.- WP). Only HSMP migrants protected by HSMP JR (and their dependents) are exempt from LITUK test at the time of ILR, by virtue of the JR judgment. Migrants in other categories (and their dependents) are required to pass LITUK test for their ILR application to be considered valid.

This said, HSMP migrants protected by HSMP JR (and their dependents) must pass LITUK test before they can apply for naturalisation.

regards

Thanks, I think I'm all set for the big day, will let you guys know how it goes, thanks again

Many mentioned providing utility bills. Are they required on the SET(O) form? I don't have any bills until recently as the rent covered everything. And I don't have any rent receipt as all done by direct debit.

gidoc wrote:Just to add, do carry a copy of the HSMP JR as even in my case, the case worker did not know about a certain rule and I had to show her a copy. She said "I have learned something new today" upon reading it.
Best regards

Did you get your ILR gidoc?

sushdmehta wrote:194-196F not only covers dependents of HSMP migrants but dependents of migrants in other economic categories (e.g.- WP). Only HSMP migrants protected by HSMP JR (and their dependents) are exempt from LITUK test at the time of ILR, by virtue of the JR judgment. Migrants in other categories (and their dependents) are required to pass LITUK test for their ILR application to be considered valid.

This said, HSMP migrants protected by HSMP JR (and their dependents) must pass LITUK test before they can apply for naturalisation.

regards

hi sushdmehta,

I was wondering if you'd be able to advice me on the below?
My wife's dependant visa was stamped with the wrong endorsement as I'd feared - 'No employment as a doctor in training'. This is despite me trying to convince the home office in chennai that she's a dependant of a HSMP visa holder protected under the JR ruling of 2009.

Now i'm due to apply for my ILR including my wife in just a few weeks from now. Is there any possibility of convincing the case worker to fix the right endorsement for my wife this time ? She's been tentatively offered a training post if she can manage to get the right endorsement, any advice will be much appreciated. thanks

<<gidoc wrote:
Just to add, do carry a copy of the HSMP JR as even in my case, the case worker did not know about a certain rule and I had to show her a copy. She said "I have learned something new today" upon reading it.
Best regards


Did you get your ILR gidoc?>>

Yes, got it same day , without any problem( 6/04/10)

Best regards

psridh wrote:

sushdmehta wrote:194-196F not only covers dependents of HSMP migrants but dependents of migrants in other economic categories (e.g.- WP). Only HSMP migrants protected by HSMP JR (and their dependents) are exempt from LITUK test at the time of ILR, by virtue of the JR judgment. Migrants in other categories (and their dependents) are required to pass LITUK test for their ILR application to be considered valid.

This said, HSMP migrants protected by HSMP JR (and their dependents) must pass LITUK test before they can apply for naturalisation.

regards

hi sushdmehta,

I was wondering if you'd be able to advice me on the below?
My wife's dependant visa was stamped with the wrong endorsement as I'd feared - 'No employment as a doctor in training'. This is despite me trying to convince the home office in chennai that she's a dependant of a HSMP visa holder protected under the JR ruling of 2009.

Now i'm due to apply for my ILR including my wife in just a few weeks from now. Is there any possibility of convincing the case worker to fix the right endorsement for my wife this time ? She's been tentatively offered a training post if she can manage to get the right endorsement, any advice will be much appreciated. thanks

Once your wife gets ILR, she will not be subject to any such restriction. It is only during the period of temporary residence that this restriction applies.


regards

Since you are going to Croydon too, read this topic. In case, the clerk tells you that your wife is not eligible and that her application would be refused if you decide to go ahead, I would suggest that you agree to pay and tell the clerk that you'll take your chances and discuss the eligibility with the caseworker responsible for making the decision. At worst, you'll lose dependent fee of 149 quids!

As suggested, take a copy of the JR. Also, take a copy of the HSMP Forum Ltd judicial review (settlement) policy guidance. No harm in taking printouts of the immigration rules for HSMP dependents and Tier 1 dependents (links given in my earlier posts).

Because it is Croydon, it might depend on how persuasive you are (without being aggressive) in highlighting the facts to the caseworker if he/she too recommends that your wife is not eligible for ILR.

BTW, did your wife fill up VAF2 form when she applied for EC as dependent or VAF10? And when is the PEO appointment?

regards

Would like to add that:

We made sure that local BHC accepts VAF2 form for EC application (and not VAF10). Had to argue with VFS and BHC for more than 5 days on this, but they ultimately agreed and accepted the application on VAF2.

So, even though the stamp on the passport stated "Tier 1 (General) partner", technically we never applied for leave to enter as dependent of Tier 1 migrant.

VAF10 is specified for dependents of Tier 1 migrants and immigration rules 319A-319K apply - requiring the dependent to live in UK for 2 years before becoming eligible for ILR. Perhaps this is the minute technicality that UKBA is using to deny ILR to dependents of migrants protected by HSMP JR. Though I believe doing so is going against the HSMP JR judgment and UKBA's own published policy, but can't say for sure!

IMHO ...



regards