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After April, 2006 but before Nov, 2006.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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geriatrix
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Re: FORM SET(O)- SECTION 3

Post by geriatrix » Wed Apr 06, 2011 12:14 pm

sushdmehta wrote:Section 9 - select 9G.
In the new SET(O) form, effective 06-Apr-11, select 10G.

In fact, if you read 9G (old form) / 10G (current form) it becomes crystal clear which option is to be selected in Section 3 of the form by HSMP migrants falling in the "03-Apr to 07-Nov" category.
Life isn't fair, but you can be!

jinkazama_11
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changes to from SET(O) and guidance notes

Post by jinkazama_11 » Wed Apr 06, 2011 6:45 pm

When my friend contacted HO last year they agreed that form SET(O) and guidance notes for the form will be updated. There is no doubt (if you read immigration rules) that both groups covered by HSMP ILR JR are safe. But the form and guidance notes for the form are somewhat misleading which tels us how crap HO staff is. My friend have written back to HO today. I will update you as soon as he gets an response.

thaman
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Post by thaman » Wed Apr 06, 2011 7:22 pm

can anyone confirm if the new ilr rules (april 2011) are being applied to pre nov 2006 hsmpians as well?

i got hsmp in may 2006 and came here in aug 2006. my ilr is sue in july 2011......i believe i am under hsmp jr and shld be considered for ilr under jr.....

jinkazama_11
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no

Post by jinkazama_11 » Wed Apr 06, 2011 8:25 pm

New rules doesn't applied to HSMP migrants (Apr06-Nov06). Please read immigration rules 245CD a,b,c,d,e,f,g,h.
here is the link
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

musaratnasreen
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Re: FORM SET(O)- SECTION 3

Post by musaratnasreen » Thu Apr 07, 2011 12:15 pm

Hi Guru Sushdmehta
245CD. Requirements for indefinite leave to remain
Clause a(criminality) and e(JR for Apr....&Nov 2006) have been amended as per statement of changes submitted on 31st Mar 2011. It shows in policy and law section on ukba home page BUT Immigration directorate instructions to caseworkers has not been amended. Do you think UKBA need to be reminded on this. This might create difficulty to our members who will down the lane face the caseworkers and they will follow their internal guidance.

Please see the next message from sys-sagar. That is my apprehension


sushdmehta wrote:
sushdmehta wrote:Section 9 - select 9G.
In the new SET(O) form, effective 06-Apr-11, select 10G.

In fact, if you read 9G (old form) / 10G (current form) it becomes crystal clear which option is to be selected in Section 3 of the form by HSMP migrants falling in the "03-Apr to 07-Nov" category.
Last edited by musaratnasreen on Thu Apr 07, 2011 1:47 pm, edited 2 times in total.

sys_sagar
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Post by sys_sagar » Thu Apr 07, 2011 12:25 pm

I just spoke to one of the UKBA customer rep and she advised me that even migrants who are covered under JR need to meet the minimum requirements of scoring as it is not mentioned in Immigration rule 245CD that they are excempt

musaratnasreen
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Post by musaratnasreen » Thu Apr 07, 2011 1:16 pm

May I suggest that you please read immigration rules, check new set (o) form read statement of changes dated 16 Mar 2011 and amended statement of changes of 30 Mar 2011. Speaking to a Rep is absolutely not helpful. Even I suggest read the forum and people here are much more informed and understand the rules. Your comments will unnecessarily send panic signals. I would like to comment HSMP ILR JR(SETTLEMENT) COVERS BOTH PRE NOV AND PRE APR 2006 CASES. ONLY DIFFERENCE IS 4 YEARS FOR PRE APR AND 5 YEARS FOR PRE NOV CASES

sys_sagar wrote:I just spoke to one of the UKBA customer rep and she advised me that even migrants who are covered under JR need to meet the minimum requirements of scoring as it is not mentioned in Immigration rule 245CD that they are excempt

Son_of_Soil
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Post by Son_of_Soil » Thu Apr 07, 2011 1:44 pm

Whats is minimum requirement for scoring ?

sys_sagar wrote:I just spoke to one of the UKBA customer rep and she advised me that even migrants who are covered under JR need to meet the minimum requirements of scoring as it is not mentioned in Immigration rule 245CD that they are excempt

vipul1981
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Post by vipul1981 » Thu Apr 07, 2011 1:56 pm

sys_sagar

Please refrain from putting messaged which are not true. As mentioned in above post, please read the rules first.

Son_of_Soil
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Post by Son_of_Soil » Thu Apr 07, 2011 1:59 pm

HI
Just rang the HO and i was advised that when filling the Section 3 on the new form , select HSMP ILR JR even if you got HSMP pre nov 2006. ALL JR ARE COVERED UNDER THIS .
I also confirmed the minimum score reuirement (income etc) , there is no such requirement. and no LIUK test for main and dependents.
PLZ STOP CREATING PANIC, THESE RULE DO NOT AFFECT APPLICATANTS COVERED BY BOTH JR
Thanks

sys_sagar
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Post by sys_sagar » Thu Apr 07, 2011 2:11 pm

thanks guys.
I have no intention to create panic and I have read the guidance multiple times before making call to HO. It is very clear to me that HO staff are incompetent in providng any useful info and we can't rely on them

surajban
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Post by surajban » Thu Apr 07, 2011 2:54 pm

But guys what about the changes to the documents needed for dependants even though applying together with main applicant.

Before we don't need to submit any document for dependant if applied with main applicant.

jcisco
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Post by jcisco » Thu Apr 07, 2011 3:23 pm

As per the new guidance notes

"If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse"
As per guidance notes, it applies to everyone,even people covered under HSMP JR. Can someone clarify?
Moreover, Is the two year rule for ILR apply to the dependants of Tier 1 migrant covered under HSMP JR ??

geriatrix
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Post by geriatrix » Thu Apr 07, 2011 3:47 pm

jcisco wrote:Moreover, Is the two year rule for ILR apply to the dependants of Tier 1 migrant covered under HSMP JR ??
Legally, no.
But does UKBA know the difference? - some caseworkers do, some don't. Therefore, the result of an application may depend on which caseworker gets to decide on your application.

Search the forum and you'll find cases where dependants have been granted settlement without fulfilling the "2 year residence" requirement, and some cases where such applications have been refused for not fulfilling the "2 year residence" requirement.
Life isn't fair, but you can be!

jcisco
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Post by jcisco » Thu Apr 07, 2011 4:58 pm

Thanks sushdmehta. I have read the posts and it's really annoying that caseworkers don't follow the same guidline.

Son_of_Soil
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Post by Son_of_Soil » Thu Apr 07, 2011 5:39 pm

hi
can you provide the link to the posts regarding ILR for dependents?

my wife joined me in December 2010, n i m going to apply for ILR under JR in October this year.I called HO today to find out about the LIUK test for dependent. I was told that my wife dnt need to go for it as i m covered by JR.

please advise how can i apply for ILR for my wife at the same time as mine.


REgards



jcisco wrote:Thanks sushdmehta. I have read the posts and it's really annoying that caseworkers don't follow the same guidline. I think may be HSMP forum can take this with HO.

jcisco
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Post by jcisco » Thu Apr 07, 2011 7:34 pm


musaratnasreen
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Re: FORM SET(O)- SECTION 3

Post by musaratnasreen » Fri Apr 08, 2011 8:35 am

Can you please comment on discrepancy between immigration rules and immigration directorate instructions chapter 6A item a and item e. Why have they not updated IDI


musaratnasreen wrote:Hi Guru Sushdmehta
245CD. Requirements for indefinite leave to remain
Clause a(criminality) and e(JR for Apr....&Nov 2006) have been amended as per statement of changes submitted on 31st Mar 2011. It shows in policy and law section on ukba home page BUT Immigration directorate instructions to caseworkers has not been amended. Do you think UKBA need to be reminded on this. This might create difficulty to our members who will down the lane face the caseworkers and they will follow their internal guidance.

Please see the next message from sys-sagar. That is my apprehension


sushdmehta wrote:
sushdmehta wrote:Section 9 - select 9G.
In the new SET(O) form, effective 06-Apr-11, select 10G.

In fact, if you read 9G (old form) / 10G (current form) it becomes crystal clear which option is to be selected in Section 3 of the form by HSMP migrants falling in the "03-Apr to 07-Nov" category.

sunny1407
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Post by sunny1407 » Fri Apr 08, 2011 6:45 pm

Son_of_Soil wrote:HI
Just rang the HO and i was advised that when filling the Section 3 on the new form , select HSMP ILR JR even if you got HSMP pre nov 2006. ALL JR ARE COVERED UNDER THIS .
I also confirmed the minimum score reuirement (income etc) , there is no such requirement. and no LIUK test for main and dependents.
PLZ STOP CREATING PANIC, THESE RULE DO NOT AFFECT APPLICATANTS COVERED BY BOTH JR
Thanks
and thats what i have been telling you for ages but you don't seem to believe me either

musaratnasreen
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Re: FORM SET(O)- SECTION 3

Post by musaratnasreen » Sat Apr 09, 2011 1:47 am

senior members I have requested couple of times about your views on the discrepancy but unfortunately no replies. These two points were clarified by UKBA. Can moderators help please


musaratnasreen wrote:Can you please comment on discrepancy between immigration rules and immigration directorate instructions chapter 6A item a and item e. Why have they not updated IDI


musaratnasreen wrote:Hi Guru Sushdmehta
245CD. Requirements for indefinite leave to remain
Clause a(criminality) and e(JR for Apr....&Nov 2006) have been amended as per statement of changes submitted on 31st Mar 2011. It shows in policy and law section on ukba home page BUT Immigration directorate instructions to caseworkers has not been amended. Do you think UKBA need to be reminded on this. This might create difficulty to our members who will down the lane face the caseworkers and they will follow their internal guidance.

Please see the next message from sys-sagar. That is my apprehension


sushdmehta wrote:
sushdmehta wrote:Section 9 - select 9G.
In the new SET(O) form, effective 06-Apr-11, select 10G.

In fact, if you read 9G (old form) / 10G (current form) it becomes crystal clear which option is to be selected in Section 3 of the form by HSMP migrants falling in the "03-Apr to 07-Nov" category.

Son_of_Soil
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Post by Son_of_Soil » Sat Apr 09, 2011 11:07 am

Sunny
Thanks for clearing my doubts , it's just The solicitor I contacted was not up to date with the immigration rules.
Sorry to bother you so many times!
Cheers


sunny1407 wrote:
Son_of_Soil wrote:HI
Just rang the HO and i was advised that when filling the Section 3 on the new form , select HSMP ILR JR even if you got HSMP pre nov 2006. ALL JR ARE COVERED UNDER THIS .
I also confirmed the minimum score reuirement (income etc) , there is no such requirement. and no LIUK test for main and dependents.
PLZ STOP CREATING PANIC, THESE RULE DO NOT AFFECT APPLICATANTS COVERED BY BOTH JR
Thanks
and thats what i have been telling you for ages but you don't seem to believe me either

danman
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read the threads..need advise on wife and kid visa status

Post by danman » Sun Apr 10, 2011 9:17 pm

Guys,
I am pre-NOV 2006 HSMP holder , expiring in Oct 2011(5yrs).I have read the threads and gone through the Set(O) and realise that I fall under the HSMP JR Category...so I just need to prove that I was economically active?

Please correct if I am wrong.

Also

My wife is in India we are expecting a kid in May - they will be joining me in July 2011.

When I apply for my ILR in Oct 2011 - what visa's does my kid and wife go under?

All advise will be much apppreciated.
Thanks
Dan

jinkazama_11
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Re: changes to from SET(O) and guidance notes

Post by jinkazama_11 » Fri Apr 15, 2011 11:17 am

jinkazama_11 wrote:When my friend contacted HO last year they agreed that form SET(O) and guidance notes for the form will be updated. There is no doubt (if you read immigration rules) that both groups covered by HSMP ILR JR are safe. But the form and guidance notes for the form are somewhat misleading which tels us how crap HO staff is. My friend have written back to HO today. I will update you as soon as he gets an response.
He received a reply today. Here is what HO said

Dear XXX.
Apologies for the delay in this reply. Unfortunately due to other demands it was not possible to make the proposed changes at the same time as the April fee change. I will however continue to take the issue forward with a view to adding a clarification to the form at the earliest opportunity.

Thanks

geekhatri
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Re: changes to from SET(O) and guidance notes

Post by geekhatri » Sat Apr 16, 2011 10:05 am

Brilliant, but we know that, the little time for them could be year for us.

So, we stick with that, we have to select HSMP under JR in Section 3 and10G....


And, also I recommend to create a strong Covering letter, n print out the JR doc along with that...

jinkazama_11
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Re: changes to from SET(O) and guidance notes

Post by jinkazama_11 » Sat Apr 16, 2011 9:01 pm

geekhatri wrote:Brilliant, but we know that, the little time for them could be year for us.

So, we stick with that, we have to select HSMP under JR in Section 3 and10G....


And, also I recommend to create a strong Covering letter, n print out the JR doc along with that...
yes, i agree with you.

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