After April, 2006 but before Nov, 2006.

This is simply saying that if you applied before Nov 2006, you are covered under JR.

JR situation can be of 2 types:

1. if you sent initial HSMP application between Apr and Nov 2006, you have to do 5 years but dont have to do Life in the Uk Test.

see page: http://www.ukba.homeoffice.gov.uk/worki ... ter-remain

2. If you sent initial HSMP application BEFORE April 2006, then you have to do 4 years and dont have to do life in the Uk test.

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

jinkazama_11 wrote:

surajban wrote:Hi jinkazama_11,

Please find the link for HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT

http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy

As we can clearly see in the point 4 in the introduction section (The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.)

With regards to above point we can select the option 2 from set(0) form.

Hope this clears the point.

Hi Surajban
Thank you for sharing the policy document. I am familiar with the policy document and as you mentioned paragraph 4 clearly accommodates the migrants came between Apr and Nov 2006.
But the guidance notes for FORM SET(O) states some thing else which is misleading. This is what geekhatri is confused about. Page 2, paragraph 2 of guidance notes for FORM SET(O).
"* 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"
This is misleading, link for guidance notes is http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

The second issue is with the Section 9 (Documents) of form SET(O). option 9G is for normal HSMP holders and 9H is for HSMP holder who came before Apr 2006. Their is no other option for migrants came between apr - nov 06 and have to complete 5 years before applying for ILR. What would you suggest which section one have to complete 9G or 9H? Its a bit confusing.

Hi Passionfruit

Thanks for your valuable suggestions, but the thing we are worried now is

"Thank you for sharing the policy document. I am familiar with the policy document and as you mentioned paragraph 4 clearly accommodates the migrants came between Apr and Nov 2006.
But the guidance notes for FORM SET(O) states some thing else which is misleading. This is what geekhatri is confused about. Page 2, paragraph 2 of guidance notes for FORM SET(O).
"* 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"
This is misleading, link for guidance notes is http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

The second issue is with the Section 9 (Documents) of form SET(O). option 9G is for normal HSMP holders and 9H is for HSMP holder who came before Apr 2006. Their is no other option for migrants came between apr - nov 06 and have to complete 5 years before applying for ILR. What would you suggest which section one have to complete 9G or 9H? Its a bit confusing".

Hello Everyone
My friend received the reply from UKBA. Here is what they have said

1)- They have acknowledged the issue with Guidance notes. Please check my or surajban previous posts. They said that they will amend the guidance and new SET(O) form and guidance notes for Form SET(O) will be published early 2011.
In addition they confirmed that the both type of migrants (a- pre apr-2006 b-between apr06 and nov 06) covered by HSMP-JR (Settlement) should select the option "Highly skilled migrant under the terms of the HSMP ILR judicial review policy document" in section 3 and tick the same in payment details section. This means you don't have to worry about section 4 anymore.
2)- He is still discussing the Section 9 (Documents) issue with them and i will update you as soon as he receives a reply from UKBA.

Thanks

Thats a good news
Thanks to Jinkazama_11

Hi thats a good news..... Thanks for updating.
I fall into the category between april to nov 2006 HSMP. I have got few things to ask
1. Do I need to take English language test
2. what about my dependant for English requirements. My dependant was here from the beginning of HSMP visa.
3. Is there any minimum balance to be maintained for this category of people. I have got a dependant and two kids
4. Finally my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them. Kindly let me know Guys.

Hope you all had a Happy new year

Hello guys
More good news.

My friend have received further clarification from UKBA on Section 9 (Documents).

1)- Section 9G: migrants joined HSMP from Apr06 to Nov 06 (covered by HSMP-JR Settlement) will select this option. UKBA will amend the heading of section 9G to make it clearer for applicants.

2)- Section 9H: migrants joined HSMP before Apr 06 should select this option.

Thanks

jinkazama_11 wrote:Hello guys
More good news.

My friend have received further clarification from UKBA on Section 9 (Documents).

1)- Section 9G: migrants joined HSMP from Apr06 to Nov 06 (covered by HSMP-JR Settlement) will select this option. UKBA will amend the heading of section 9G to make it clearer for applicants.

2)- Section 9H: migrants joined HSMP before Apr 06 should select this option.

Thanks

Thanks again

tina123 wrote:Hi thats a good news..... Thanks for updating.
I fall into the category between april to nov 2006 HSMP. I have got few things to ask
1. Do I need to take English language test
2. what about my dependant for English requirements. My dependant was here from the beginning of HSMP visa.
3. Is there any minimum balance to be maintained for this category of people. I have got a dependant and two kids
4. Finally my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them. Kindly let me know Guys.

Hope you all had a Happy new year

1. No
2. No
3. Not sure - Rules changing in Apr 2011 dont know how we are affected.
4. Yes - For the right procedure i request seniors to guide you.

Regards
Sr

Thanks salina02,

Can senior members please try to answer question 4.

1. I fall into the category between april to nov 2006 HSMP. I have got few things to ask
1. Do I need to take English language test
2. what about my dependant for English requirements. My dependant was here from the beginning of HSMP visa.
3. Is there any minimum balance to be maintained for this category of people. I have got a dependant and two kids
4. Finally my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them. Kindly let me know Guys.

Tina

[quote="passionfruit"]When was your initial application date for HSMP?

HSMP Letter Sep 06
Entry Clearance Nov06 (for 2 years till Nov 08)
Entry in UK Feb 07
FLR Nov08 (for further 3 years from the date entry clearance till Nov 11)
ILR due in Feb 2012

** Should I need to apply for another FLR in Nov2011 to get to the 5 years threshold????

Regards

jinkazama_11 wrote:

geekhatri wrote:hi guys,
need a bit help here plz, let me know my situation -

entered in july,2006 -- HSMP (2 yrs)

extended in aug, 2008 (based on JR PRE NOV, 2006) for 3 yrs ---Stamped as TIER 1 (GENERAL)..

now its ILR status but in the set(o) form there are options like -

1)HIGHLY SKILLED MIGRANT
2)HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT and
3) TIER 1 (GENERAL) MIGRANT.

now my questions are -

1) which option to select as the option (HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT) is for pre april,2006 NOT FOR pre nov, 2006

2) the site is saying that as i am in pre nov, 2006 i dont have to appear for LIFE IN UK TEST but the form is only giving option to not to appear for the test if i select - HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT but this option is for pre april, 2006 not for pre nov, 2006 .

please let me know ur opinion.

thanks.

@surajban - I was commenting on above. The Form SET(O) and Guidance notes for from SET(O) does not accommodate the HSMP migrants who entered the scheme between April 2006 and Nov 2006. I will update you guys on this in near future as my friend is waiting for further communication from UKBA. I hope you will understand my point now.

@geekhatri - Please dont worry as this matter is raised with UKBA. I will update everyone on this thread.

Ok lets talk about new rules. Firstly new rules are not out yet so we dont know what is going to happen. Secondly my understanding is that the new rules can't be applicable to the migrants covered by HSMP JR (settlement). The paragraph 4 of HSMP-JR (Settlement) policy documents states clearly that
"The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test."
As surajban mentioned to be on safe side its not a bad idea to maintain a salary of min £25k per anm.

MANY THANKS @JINKAZAMA, u really understand the point ....
That its clear we don't have to appear for the life in UK test or ESOL for main applicant as well as dependant, but what option to select in the new form SET(O) and you know what, guys???

I spoke to the home office customer service -
With first service advisor - she asked me to select TIER 1 ( GENERAL) MIGRANT, as she said that this is my current status on visa (not hsmp) but you dont have to appear for the test, so mention in the covering letter that you are pre nov 2006 case, and we (home office) know that you dont have to appear for the test.

with the second advisor (as i was trying todo cross check) - the advisor told me to select option OTHERS (as inthe new form,we have option called OTHERS), as the boat on which we are is not mentioned in the system, which is HSMP PRE NOV 2006 UNDER JR - ILR AFTER 5 YEARS.

So, its clear that even home office till now not giving as a single unique answer, every advisor giving us different advise.

But hope, with some will comewith a proper answer to this.

many thanks and keep sharing your experience n keep banging on their head - dont forget HSMP PRE NOV 2006 CASES...)

geekhatri wrote:

jinkazama_11 wrote:

geekhatri wrote:hi guys,
need a bit help here plz, let me know my situation -

entered in july,2006 -- HSMP (2 yrs)

extended in aug, 2008 (based on JR PRE NOV, 2006) for 3 yrs ---Stamped as TIER 1 (GENERAL)..

now its ILR status but in the set(o) form there are options like -

1)HIGHLY SKILLED MIGRANT
2)HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT and
3) TIER 1 (GENERAL) MIGRANT.

now my questions are -

1) which option to select as the option (HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT) is for pre april,2006 NOT FOR pre nov, 2006

2) the site is saying that as i am in pre nov, 2006 i dont have to appear for LIFE IN UK TEST but the form is only giving option to not to appear for the test if i select - HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT but this option is for pre april, 2006 not for pre nov, 2006 .

please let me know ur opinion.

thanks.

@surajban - I was commenting on above. The Form SET(O) and Guidance notes for from SET(O) does not accommodate the HSMP migrants who entered the scheme between April 2006 and Nov 2006. I will update you guys on this in near future as my friend is waiting for further communication from UKBA. I hope you will understand my point now.

@geekhatri - Please dont worry as this matter is raised with UKBA. I will update everyone on this thread.

Ok lets talk about new rules. Firstly new rules are not out yet so we dont know what is going to happen. Secondly my understanding is that the new rules can't be applicable to the migrants covered by HSMP JR (settlement). The paragraph 4 of HSMP-JR (Settlement) policy documents states clearly that
"The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test."
As surajban mentioned to be on safe side its not a bad idea to maintain a salary of min £25k per anm.

MANY THANKS @JINKAZAMA, u really understand the point ....
That its clear we don't have to appear for the life in UK test or ESOL for main applicant as well as dependant, but what option to select in the new form SET(O) and you know what, guys???

I spoke to the home office customer service -
With first service advisor - she asked me to select TIER 1 ( GENERAL) MIGRANT, as she said that this is my current status on visa (not hsmp) but you dont have to appear for the test, so mention in the covering letter that you are pre nov 2006 case, and we (home office) know that you dont have to appear for the test.

with the second advisor (as i was trying todo cross check) - the advisor told me to select option OTHERS (as inthe new form,we have option called OTHERS), as the boat on which we are is not mentioned in the system, which is HSMP PRE NOV 2006 UNDER JR - ILR AFTER 5 YEARS.

So, its clear that even home office till now not giving as a single unique answer, every advisor giving us different advise.

But hope, with some will comewith a proper answer to this.

many thanks and keep sharing your experience n keep banging on their head - dont forget HSMP PRE NOV 2006 CASES...)

@geekhatri - These customer service advisiors dont know what they are talking about, My friend and I ring them few time and received a completely different answer every time. Because of this my friend decided to raise this with UKBA policy team. Policy team is responsible for developing policy, guidance notes, forms and etc. I sugguest you stop worrying about it as they have acknwoledged this issue and agreed to correct/amend guidance notes and Section 9 of form SET(O).
The update will take place early 2011 means could be within next few weeks.

Hope this will help you and again dont stress.

Regards

Hello Guys, keep updating as you get more news.
Thanks salina02,

Can senior members please try to answer this:

1. I fall into the category between april to nov 2006 HSMP. I have got few things to ask
1. Do I need to take English language test
2. what about my dependant for English requirements. My dependant was here from the beginning of HSMP visa.
3. Is there any minimum balance to be maintained for this category of people. I have got a dependant and two kids
4. Finally my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them. Kindly let me know Guys.

Tina

tina123 wrote:Hello Guys, keep updating as you get more news.
Thanks salina02,

Can senior members please try to answer this:

1. I fall into the category between april to nov 2006 HSMP. I have got few things to ask
1. Do I need to take English language test
2. what about my dependant for English requirements. My dependant was here from the beginning of HSMP visa.
3. Is there any minimum balance to be maintained for this category of people. I have got a dependant and two kids
4. Finally my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them. Kindly let me know Guys.

Tina

4- I dont think you need ILR first for your kids. They can apply for citizenship after you get your ILR. Here are the rules
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
To be on safe side consult with a senior member.

Hello,
Thanks for your reply jinkazama. Can I first apply for ILR without my kids and then apply for their naturalisation once I get ILR. Can senior members please advice.

Regards,
Tina

jinkazama_11 wrote:

geekhatri wrote:

jinkazama_11 wrote:

geekhatri wrote:hi guys,
need a bit help here plz, let me know my situation -

entered in july,2006 -- HSMP (2 yrs)

extended in aug, 2008 (based on JR PRE NOV, 2006) for 3 yrs ---Stamped as TIER 1 (GENERAL)..

now its ILR status but in the set(o) form there are options like -

1)HIGHLY SKILLED MIGRANT
2)HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT and
3) TIER 1 (GENERAL) MIGRANT.

now my questions are -

1) which option to select as the option (HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT) is for pre april,2006 NOT FOR pre nov, 2006

2) the site is saying that as i am in pre nov, 2006 i dont have to appear for LIFE IN UK TEST but the form is only giving option to not to appear for the test if i select - HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT but this option is for pre april, 2006 not for pre nov, 2006 .

please let me know ur opinion.

thanks.

@surajban - I was commenting on above. The Form SET(O) and Guidance notes for from SET(O) does not accommodate the HSMP migrants who entered the scheme between April 2006 and Nov 2006. I will update you guys on this in near future as my friend is waiting for further communication from UKBA. I hope you will understand my point now.

@geekhatri - Please dont worry as this matter is raised with UKBA. I will update everyone on this thread.

Ok lets talk about new rules. Firstly new rules are not out yet so we dont know what is going to happen. Secondly my understanding is that the new rules can't be applicable to the migrants covered by HSMP JR (settlement). The paragraph 4 of HSMP-JR (Settlement) policy documents states clearly that
"The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test."
As surajban mentioned to be on safe side its not a bad idea to maintain a salary of min £25k per anm.

MANY THANKS @JINKAZAMA, u really understand the point ....
That its clear we don't have to appear for the life in UK test or ESOL for main applicant as well as dependant, but what option to select in the new form SET(O) and you know what, guys???

I spoke to the home office customer service -
With first service advisor - she asked me to select TIER 1 ( GENERAL) MIGRANT, as she said that this is my current status on visa (not hsmp) but you dont have to appear for the test, so mention in the covering letter that you are pre nov 2006 case, and we (home office) know that you dont have to appear for the test.

with the second advisor (as i was trying todo cross check) - the advisor told me to select option OTHERS (as inthe new form,we have option called OTHERS), as the boat on which we are is not mentioned in the system, which is HSMP PRE NOV 2006 UNDER JR - ILR AFTER 5 YEARS.

So, its clear that even home office till now not giving as a single unique answer, every advisor giving us different advise.

But hope, with some will comewith a proper answer to this.

many thanks and keep sharing your experience n keep banging on their head - dont forget HSMP PRE NOV 2006 CASES...)

@geekhatri - These customer service advisiors dont know what they are talking about, My friend and I ring them few time and received a completely different answer every time. Because of this my friend decided to raise this with UKBA policy team. Policy team is responsible for developing policy, guidance notes, forms and etc. I sugguest you stop worrying about it as they have acknwoledged this issue and agreed to correct/amend guidance notes and Section 9 of form SET(O).
The update will take place early 2011 means could be within next few weeks.

Hope this will help you and again dont stress.

Regards

Many thanks for your help...I saw section 9 (G and H)- making sense but hope it will be more clear in future about SECTION 3..
thanks guys, keep posting...

Can senior members please try to answer question 4:

1. I fall into the category between april to nov 2006 HSMP. I have got few things to ask
1. Do I need to take English language test
2. what about my dependant for English requirements. My dependant was here from the beginning of HSMP visa.
3. Is there any minimum balance to be maintained for this category of people. I have got a dependant and two kids
4. Finally my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them. Kindly let me know Guys.

Tina

tina123 wrote:Can senior members please try to answer question 4:

1. I fall into the category between april to nov 2006 HSMP. I have got few things to ask
1. Do I need to take English language test
2. what about my dependant for English requirements. My dependant was here from the beginning of HSMP visa.
3. Is there any minimum balance to be maintained for this category of people. I have got a dependant and two kids
4. Finally my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them. Kindly let me know Guys.

Tina

Why you are asking the same question again, I think you got some replies on this. and i think that was the right answers given to your qns.

Hello,
I have not got a clear answer for question. Thtts why I have to repeat it again . Let me know what to do and I am waiting for senior members to help.

my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them.
Tina

tina123 wrote:Hello,
I have not got a clear answer for question. Thtts why I have to repeat it again . Let me know what to do and I am waiting for senior members to help.

my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them.
Tina

Tina
I think you should start a new topic thread asking this specific question.

tina123 wrote:Hello,
I have not got a clear answer for question. Thtts why I have to repeat it again . Let me know what to do and I am waiting for senior members to help.

my kids are born here so would they be eligible to get British passport when I apply for ILR. Do I need to apply for ILR first for my kids or can I straight away apply for British passport for them.
Tina

I think this is the answer to your question.
http://www.immigrationboards.com/viewto ... ht=#335301

Hi, Can members falling in this group do you have hope of getting ILR after 2011. Still not sure about getting ILR though covered by HSMP JR. But it is clearly mentioned on the home office website that this group would get ILR after 5 years..... lets wait....

Tina

Hi guys,
Still, don't know what option to select..

Please put ur views forward.

thanks.

geekhatri wrote:Still, don't know what option to select.

Section 3 - "Highly skilled migrant under the terms of the HSMP ILR judicial review policy document".
Section 9 - select 9G.

sushdmehta wrote:

geekhatri wrote:Still, don't know what option to select.

Section 3 - "Highly skilled migrant under the terms of the HSMP ILR judicial review policy document".
Section 9 - select 9G.

Thanks Sushdmehta...