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Life in UK test requirement for Myself / dependent

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webonline
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Life in UK test requirement for Myself / dependent

Post by webonline » Tue Aug 18, 2009 8:36 am

Hi
I'll be completing my 5 years stay in UK in October. My timelines are as:
Entry UK: Oct 2004 on WP
HSMP : Oct 2006
HSMP Extension : valid Till Oct 2011

Since my HSMP case was approved before Nov2006, do I need to pass 'Life in UK' test before applying for ILR?
If no, does my dependent is also exempted?

Thanks in advnce for your responses.

webonline
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Post by webonline » Tue Aug 18, 2009 12:42 pm

anyone?

Papafaith
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Post by Papafaith » Tue Aug 18, 2009 12:47 pm

You or your dependants do not require to fulfill thr life in the UK test if you came before Nov 2006. But you willl need for citizenship anyway. In its present state, it is easy to pass if you do some reading. Nobody knows the form it will take if HO decides to change the exam format before your citizenship application is due.
An eye for an eye will make the whole world blind.

webonline
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Post by webonline » Wed Aug 19, 2009 9:27 am

Thanks for reply.
So should I mark my category as 'HSMP' or 'HSMP JR' in SET-O form.

Thanks

hari15
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Post by hari15 » Wed Aug 19, 2009 10:24 am

Hi webonline,
I think you need to pass Life in Uk test

Only those who got HSMP approved by applications before 3 April 2006 can apply under HSMP Judicial review, and only for those Life in UK test is not mandatory

In your case you got HSMP only by October 2006, also that Judgement applicable only for HSMP people and not for WP

Hence you and and your dependants must pass Life in Uk test

I too in same boat came in Aug 2004 WP, approved HSMP 2006 Dec, and going to apply for ILR soon, waiting for my wife to pass the life in uk test

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Casa
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Post by Casa » Wed Aug 19, 2009 11:13 am

You both need to pass the Life in the UK test for ILR, it's mandatory for all categories, and you're not excluded if you entered before the test was introduced.

webonline
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Post by webonline » Wed Aug 19, 2009 11:32 am

So in Summary:
I need to fulfill 'Life in UK' Test requirement because was on WP from Oct2004 to Sep2006 even I got my HSMP approved/stamped before Nov2006 but after April2006.

so need to prepare for exams :(

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Casa
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Post by Casa » Wed Aug 19, 2009 11:53 am

Yes...sorry! :(

webonline
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Post by webonline » Wed Aug 19, 2009 12:01 pm

searched on UKBA site for 2 hours and found the following at

http://www.ukba.homeoffice.gov.uk/worki ... review-09/

If you applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter
You are still required to complete a period of five years' continuous residence in relevant immigration routes before you can apply to settle in the United Kingdom. This is because you did not enter the HSMP until after the Immigration Rules had changed on 3 April 2006. However, you do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application.

hari15
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Post by hari15 » Wed Aug 19, 2009 12:17 pm

Hi webonline,
These loopholes in law are many times goes unnoticed by caseworkers.

There is more chance for your application to get rejected in first time if you apply without passing life in UK test and you may win in only further appeal

To be in safer side I would pass the life in Uk test before applying

hari15
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Post by hari15 » Wed Aug 19, 2009 1:27 pm

Hi webonline,
I called to PEO now and I asked about the Test requirement (Even I too applied before Nov 7 2006 for HSMP and switched to HSMP from WP)


They told that I need to pass the test when I apply under 5 years category. I no need to pass it if I apply on 4 years category


I know that Judicial review document clearly says that it is not required for those who applied for HSMP before Nov 7, But none of the person in phone in PEO agrees with that. Hence there is lot of chances for rejection of application if we apply without it. We cant afford a rejection after waiting for 3 more months

Hence I decided to apply only after passing the Test. anyway we need to pass it for Bitish Citizenship, lets pass it now than later

webonline
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Post by webonline » Wed Aug 19, 2009 2:13 pm

Hi Hari
You are quite right. I suppose case workers would be more confused regarding HSMP JR than us.
Although its clearly mentioned in JR document, still we need to take the test before ILR to be safe.

what an Irony :(

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