After April, 2006 but before Nov, 2006.

[San_798]

HI,

I am applying foe ILR in two weeks time and I am enclosing follwing documents. I am applying HSMP JR pre nov 2006.

I am enclosing following documents with SET(0) application to verify above.
1) Passport of main applicant()
2) Passport of dependent ()
3) Filled Set(0) Form
4) 1 Year Payslip
5) Five P60, one P45, Letter from HMRC confirming my tax.
6) Employment letter (contract letter of my last two companies including existing comapny)
7) Letter from employer confirming business trip.
8. Original HSMP letter issue on July 2006 and Sep 2008 by UKBA.
9) Bank statement – 1 Year
10) Utility Bill – new address
11) Utility bill of Old address
12) Tenancy Agreement- Existing and Previous one.
13) Marriage certificate (co-habitation proof)
14) Dependent Bank statement (covering 2 year)
15) Dependent Credit card statement ( 2 year)
16) Dependent Credit card statement( 2 year)
17) Dependent Utility Bill
17 HSMP JR pre Nov 2006 Policy documents
19)

My question to all of you is my absence is 190 days and i am really worried about this but most of absence were paid holiday.

Please advise me accordingly

Regards
Sanuels

[khalidmirza]

HI,

I am applying foe ILR in two weeks time and I am enclosing follwing documents. I am applying HSMP JR pre nov 2006.

I am enclosing following documents with SET(0) application to verify above.
1) Passport of main applicant()
2) Passport of dependent ()
3) Filled Set(0) Form
4) 1 Year Payslip
5) Five P60, one P45, Letter from HMRC confirming my tax.
6) Employment letter (contract letter of my last two companies including existing comapny)
7) Letter from employer confirming business trip.
8. Original HSMP letter issue on July 2006 and Sep 2008 by UKBA.
9) Bank statement – 1 Year
10) Utility Bill – new address
11) Utility bill of Old address
12) Tenancy Agreement- Existing and Previous one.
13) Marriage certificate (co-habitation proof)
14) Dependent Bank statement (covering 2 year)
15) Dependent Credit card statement ( 2 year)
16) Dependent Credit card statement( 2 year)
17) Dependent Utility Bill
17 HSMP JR pre Nov 2006 Policy documents
19)

My question to all of you is my absence is 190 days and i am really worried about this but most of absence were paid holiday.

Please advise me accordingly

Regards
Sanuels

More documents you submit, more questions will arise. may i suggest following should suffice
1 3 months pay slips (or max 6 months)
2 3 or 6 months bank statement
3 All P 60
4 Employment Letter
5 3 different sources of cohabitation proof like medical card, joint ban statement, driving lic, utility bills etc
6 hsmp letters both
7 concentrate on 190 days issue and get relevant documents

[San_798]

Hi Khalid,

I am taking you suggestion on borad.
But can you please elaborate your last point about concentrating 190 days absence and get the relevant paper.

I dont have any letter except the payslip for those period.
I was also out of country for almost a month to got married, is this period they allow me on compensate ground.


Please reply me your thought.

Regards
Sanuels.

[khalidmirza]

Hi Khalid,

I am taking you suggestion on borad.
But can you please elaborate your last point about concentrating 190 days absence and get the relevant paper.

I dont have any letter except the payslip for those period.
I was also out of country for almost a month to got married, is this period they allow me on compensate ground.


Please reply me your thought.

Regards
Sanuels.

please first double check that you have excluded days of travel and arrival.could there be element of business related absence supported by employer letter. marriage in my opinion is not compassionate grounds. sickness /death/accident/ etc are compassionate grounds. i am not sure paid holidays are considered absence or not as wording in annex b of settlement chapter "apart from" is not clear to me.

[San_798]

Hi Khalid,

Thanks for your prompt reply.

Can also please see the below covering letter I wil include , please let me if you want me to add anything else.



To,
The Case Worker,
PEO
Lunar House,
40 Wellesley Road,
Croydon
CR9 2BY

Sub: Applying for ILR under HSMP JR Policy pre Nov 2006

Dear Sir / Madam

I am writing to confirm to you that, I am here to apply for ILR under HSMP JR Pre Nov 2006 today.
I qualify to apply for ILR on 1 Jul 2011 after completing continuous five year in UK.
I am applying for ILR for me and one dependent (spouse). My spouse has been in UK since April 2007. I am currently in the UK on a Tier 1 which was extended in Sep 2006 from HSMP. I intend to make the UK my main home and am currently employed on a full time basis by XX as XXXX. I have been economically active in last five year.




I am enclosing following documents with SET(0) application to verify above.


Thanks

[rajesh_kumar01]

Its look fine

No one ask (when you submit your form) for a cover letter and they don't even read as well unless there is some problem in your form.

[khalidmirza]

Hi Khalid,

Thanks for your prompt reply.

Can also please see the below covering letter I wil include , please let me if you want me to add anything else.



To,
The Case Worker,
PEO
Lunar House,
40 Wellesley Road,
Croydon
CR9 2BY

Sub: Applying for ILR under HSMP JR Policy pre Nov 2006

Dear Sir / Madam

I am writing to confirm to you that, I am here to apply for ILR under HSMP JR Pre Nov 2006 today.
I qualify to apply for ILR on 1 Jul 2011 after completing continuous five year in UK.
I am applying for ILR for me and one dependent (spouse). My spouse has been in UK since April 2007. I am currently in the UK on a Tier 1 which was extended in Sep 2006 from HSMP. I intend to make the UK my main home and am currently employed on a full time basis by XX as XXXX. I have been economically active in last five year.




I am enclosing following documents with SET(0) application to verify above.


Thanks

Please check the date of your extension. I think it would be Sep 2008. May I suggest to apply under
Highly skilled migrant under the terms of HSMP ILR judicial review policy document
as it covers Pre Nov 2006 cases for ILR and fill section 10G on set (O) form
It is better to refer the terminology used by ukba
You need to explain 190 days absence in my opinion. rest all is clear from the application. this is my opinion .Mods can give better advice as they are more experienced

[Son_of_Soil]

hi Fora

Which bit in this link in related to the dependent issue? would you suggest to take a copy of this and copy of the JR policy doc?

Thanks

http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html

[fora]

The final stage of indefinite leave to remain as a highly skilled migrant was dealt with at Rule 135G as follows:

"135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:
(i) has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom in this capacity, or has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom which includes periods of leave to enter or remain granted under paragraphs 128 to 319 of these Rules; and
(ii) for the period of leave as a highly skilled migrant, has met the requirements of paragraph 135A (i)--(iii); and
(iii) for any period of leave not in this capacity, has not had recourse to public funds; and
(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both."
as you see Sushdmehta is right-135G and 196D are relevant .There was no mentioning about spouses at all(at least I could not find)or about 2 years cohabitation.Simply you have to to financially support you and your dependants without applying to public funds

[San_798]

HI Memeber,

Thanks all or your response.

Can you kindly please check below.

I have filled SET(0) form for my ILR under HSMP JR pre nov 2006.

I am ticking section 3 , ticking option B(Highly skilled migrant under the terms of HSMP ILR judicial review policy document.

I left section 4 blank as i dont suppose to be filled this section.

Absence list excluding depart and arrival date.
Section 9 left it blank as again I dont need to fill this section.


Section 10 A - ticked first , second and seventh and tenth option.

section 10 B - Ticked third option.

section 10 G - ticked first option.

Can any one please confirm if i am doing it rightly or do I need to fill anymore section under my case which is ILR after 5 year under ILR HSMP JR policy documents.

Regards,
Sanuels

[fora]

Hi,San-798.
which visa is in you passport when you extended it in 2008?
Is it still HSMP or Tier1(General)?

[khalidmirza]

HI Memeber,

Thanks all or your response.

Can you kindly please check below.

I have filled SET(0) form for my ILR under HSMP JR pre nov 2006.

I am ticking section 3 , ticking option B(Highly skilled migrant under the terms of HSMP ILR judicial review policy document.

I left section 4 blank as i dont suppose to be filled this section.

Absence list excluding depart and arrival date.
Section 9 left it blank as again I dont need to fill this section.


Section 10 A - ticked first , second and seventh and tenth option.

section 10 B - Ticked third option.

section 10 G - ticked first option.

Can any one please confirm if i am doing it rightly or do I need to fill anymore section under my case which is ILR after 5 year under ILR HSMP JR policy documents.

Regards,
Sanuels

why do you have to fill 10B .this is for work permit holders. also you have to tick all boxes in 10 G. I am confused whether you are HSMP case under JR or work permit holder

[San_798]

Hi ,

Thanks for your response.

I had HSMP till sep 2008 and then when I extended they changed my status to Tier 1.
But i got an extenstion under HSMP JR policy.

As far as second question , i was checking about 10B as i was not sure.

So i dont need to fill 10B right?

What about other points I mentioned in my earlier query?

Regards
Sanuels

[San_798]

HI Kahlid,

I dont need to tick all boxes in 10 G because second dose't seems to apply me.

Can you elaborate?

Second option for self employed right and what about the third option under 10G ,do I need to tick that one aswell.

Regards
Sanuels

[fora]

why don't you apply unde section 3- Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document?
as long as your last visa is Tier1?

[San_798]

why don't you apply unde section 3- Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document?
as long as your last visa is Tier1?

Hi,

I have decide to tick both as i dont want to take any chances.

It's quite confussing.

Regards
Sanuels

[khalidmirza]

HI Kahlid,

I dont need to tick all boxes in 10 G because second dose't seems to apply me.

Can you elaborate?

Second option for self employed right and what about the third option under 10G ,do I need to tick that one aswell.

Regards
Sanuels

my apologies. you are right. only #1 box to be ticked.

[khalidmirza]

why don't you apply unde section 3- Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document?
as long as your last visa is Tier1?

You are right he can apply under this category as well. But please see the guidance for set(o) form. Unfortunately it is not mentioned exclusively that they are exempted from LIUK test whereas it clearly mentions that people applying under HSMP ILR JR are exempted. Guidance needs to be amended so as the form as well

[San_798]

Hi Khalid,

Thanks for your prompt reply.

Can also please see the below covering letter I wil include , please let me if you want me to add anything else.



To,
The Case Worker,
PEO
Lunar House,
40 Wellesley Road,
Croydon
CR9 2BY

Sub: Applying for ILR under HSMP JR Policy pre Nov 2006

Dear Sir / Madam

I am writing to confirm to you that, I am here to apply for ILR under HSMP JR Pre Nov 2006 today.
I qualify to apply for ILR on 1 Jul 2011 after completing continuous five year in UK.
I am applying for ILR for me and one dependent (spouse). My spouse has been in UK since April 2007. I am currently in the UK on a Tier 1 which was extended in Sep 2006 from HSMP. I intend to make the UK my main home and am currently employed on a full time basis by XX as XXXX. I have been economically active in last five year.




I am enclosing following documents with SET(0) application to verify above.


Thanks

Please check the date of your extension. I think it would be Sep 2008. May I suggest to apply under
Highly skilled migrant under the terms of HSMP ILR judicial review policy document
as it covers Pre Nov 2006 cases for ILR and fill section 10G on set (O) form
It is better to refer the terminology used by ukba
You need to explain 190 days absence in my opinion. rest all is clear from the application. this is my opinion .Mods can give better advice as they are more experienced

Hi Khalid,

Two questio please,

Are you sure I can able to exclude arival and depart dates from my Absence?

In section 3 can I ticked both option as i am not sure which is the right one?

Regards
Sanuels

[fora]

agree. but guidance is not the law. the official documents need to be printed out(for any occasion).Take with u smth like documents where everything is clearly explainedhttp://www.ukba.homeoffice.gov.uk/workinginthe ... er-remain/
My last visa is tier1(General)
1st is HSMP 3d of Nov 2006
If I tick HSMP under JR they will look at my last stamp and defenitely ask me -"you are now Tier 1(G),why did u tick HSMP under JR having the option which is appropriate to u?"
should we really tick both?
Please, people ,who got the ILR already with HSMP JR-Tier1(G) recently
share your experience,please-what did you tick in section 3?

[rajesh_kumar01]

You have to select 3 b (hsmp ....) And 10g am I have got ILR in same category.
Check my old post for details. Even on my passport visa it written -now you are on T1 ...etc

[San_798]

Hi ,

Thanks , I will follow Rajesh suggestion.
Can any please confirm that I can able to execlude arrival and depart date from absence list legally?

Regards,
Samuels

[rajesh_kumar01]

Hi ,

Thanks , I will follow Rajesh suggestion.
Can any please confirm that I can able to execlude arrival and depart date from absence list legally?

Regards,
Samuels

That's for sure. Also it is a only logical way to calculate your days. I had seen a link but not finding it right now. I will post it when I find it.
It is clearly mention in a documents related with Citizenship. That document clearly mention to exclude departure and arrival date when calculating absence .

here is the link (read 2.2)

Only whole days' absences should be counted (see s. 50(10)(b) of
BNA 1981). The dates of departure and arrival are not to be counted
as absences

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[San_798]

Hi Rajesh,

Thanks for the response, am taking the copy with me.


Can any one please advise that what should I fill in Home office reference number field?

Regards
Sanuels

[rajesh_kumar01]

HO ref number you can get from your approval letter. If you don;t have just leave it blank.