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New Guidance (SET O) - No consideration to pre-nov HSMPians
Posted: Wed Apr 06, 2011 2:10 pm
by sys_sagar
I just ready new guidance of SET (O) released today but after having read that, they only mentioned that the applicants who applied for their first entry before april 2006 come under JR-HSMP and all the rest need to give 'Life in the UK test'.
Now, this is not what was told before. I came here on basis on application made between april 2006 & nov 2006.
According to new guidance, I dont come under HSMP (settlement)-JR
Can somebody from seniors read through new guidance and suggest me if I do some under JR for settlement or not?
Posted: Wed Apr 06, 2011 2:28 pm
by geriatrix
If one had applied for HSMP approval before 07-Nov-06, then the applicant is covered by the
HSMP (ILR) JR review policy which states that LITUK is not a requirement at the time of settlement for such applicants (read para 4 of the document).
The "new" guidance clearly states:
With the exception of the categories mentioned below, applicants aged 18-64 must also show that they have sufficient knowledge of the English language and life in the UK in order to qualify for indefinite leave to remain. See pages 6 and 7 of these guidance notes for more information about this.
The categories which are not subject to this requirement are the following: ex-HM Forces; bereaved partner; and highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document.
Exactly as it should be. So not sure, why there is a confusion / panic.
Posted: Wed Apr 06, 2011 2:35 pm
by sys_sagar
thanks for clarification again.
Apologies for mis-interpreting it again but as per new guidance posted today on SET(O) , the only applicats considered under JR who applied before april 2006.
So, Iam not sure if that would apply to my case.
Please see the guidance.
Posted: Wed Apr 06, 2011 2:40 pm
by geriatrix
Have read it and given you the evidence you need!
The statement that you are referring to is in relation to the HSMP migrants who qualify for settlement after 4 years residence in the UK - another requirement (in addition to LITUK) that the mentioned policy document covers, but only for pre-03Apr migrants.
If you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006, your application for indefinite leave to remain will be considered under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document.
Posted: Wed Apr 06, 2011 2:54 pm
by sys_sagar
thanks again.
paragraph 2 of the guidance says this
[quote]
* If you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006, your application for indefinite leave to remain will be considered under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document.
So, In the actual form, which category do i need to select
1. Tier(1) Migrant - which is my current category
2. HSMP covered under JR document ( see main guidance)
Now as per main guidance , i didn't apply before april 2006 but certainly covered under JR document.
[/quote]
Posted: Wed Apr 06, 2011 4:20 pm
by smartplant
See below
Please follow following link
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
Have a look 6A Paragraph 245CD requirements a, b, d, e , f , h
now shouldn't have problem for prev 7 Nov 2006 category
sys_sagar wrote:thanks again.
paragraph 2 of the guidance says this
* If you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006, your application for indefinite leave to remain will be considered under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document.
So, In the actual form, which category do i need to select
1. Tier(1) Migrant - which is my current category
2. HSMP covered under JR document ( see main guidance)
Now as per main guidance , i didn't apply before april 2006 but certainly covered under JR document.
Posted: Wed Apr 06, 2011 4:48 pm
by salina02
smartplant wrote:See below
Please follow following link
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
Have a look 6A Paragraph 245CD requirements a, b, d, e , f , h
now shouldn't have problem for prev 7 Nov 2006 category
sys_sagar wrote:thanks again.
paragraph 2 of the guidance says this
* If you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006, your application for indefinite leave to remain will be considered under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document.
So, In the actual form, which category do i need to select
1. Tier(1) Migrant - which is my current category
2. HSMP covered under JR document ( see main guidance)
Now as per main guidance , i didn't apply before april 2006 but certainly covered under JR document.
Thanks smartplant, Its much clearer now.