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After April, 2006 but before Nov, 2006.

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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sunny1407
Junior Member
Posts: 79
Joined: Mon Nov 01, 2010 1:26 pm

Post by sunny1407 » Wed Apr 20, 2011 6:15 pm

mahetus1 wrote:hi all,

Received HSMP approval in May 2006 for 2 years - changed to tier 1 at end for 3 years and now wish to apply for ILR after 5 years stay.

confused which category should I apply in SET(O) form: HSMP judicial review
or Tier 1 migrant?

HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW: POLICY DOCUMENT:

6.
Paragraph 27 of this policy document covers migrants who:
a.
Received an HSMP approval letter issued on the basis of an application made between 3 April 2006 and 7 November 2006; and
b.
Were granted Entry Clearance or Leave to Remain (LtR) on the basis of that letter.

Requirements for ILR under the terms of this policy document for those groups covered by paragraph 6 of this document.
27.
The requirements for ILR for a person qualifying for consideration under this policy document are:
a.
The migrant has spent a continuous period of five years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant, and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of the Immigration Rules), leave as an Innovator (under paragraphs 210A to 210F of the Immigration Rules) or leave as a Tier 1 (General) migrant.
b.
The migrant applied to enter onto the HSMP between 03 April 2006, and 7 November 2006 and was successful in that application
c.
Throughout the five years spent in the United Kingdom the migrant has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds
d.
The migrant is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both


Now, condition a in paragraph 27 is impossible situation as whoever applied intially in 2006 between may and november has to take extention in 2008 as tier 1 as HSMP programme closed. so how can be last leave to remain could be as highly skilled migrant?

So which category should I apply for?

Thanks in advance.
If Tier 1 was granted to you under JR than that was a transitional arrangement and technically the Tier 1 is a hight skilled category anyway so yes your recent stay is as mentioned in para 27

sunny1407
Junior Member
Posts: 79
Joined: Mon Nov 01, 2010 1:26 pm

Post by sunny1407 » Wed Apr 20, 2011 6:16 pm

meen wrote:Thank you guys for clarifying all these! The new form is sooooo confusing I did not know which to choose. All that is very clear now - No points to make up!

Regarding ILR, A second issue is - are we (JR apr 6- nov 6 2006)) affected by the new criminality threshold rule of April 6, 2011 i.e. all convictions need to be spent. Very confused about this despite all posts I have read on this site. A £200 fine issued by the court (no attendance and paid immediately) and 3 points on a licence.

Does this constitute a criminal offence? Does it need to be declared (even for work applications?) if yes when does it become spent.

Thanks in advance!
You are not affected by the new criminality threshold rule but still should mention in the application.

sunny1407
Junior Member
Posts: 79
Joined: Mon Nov 01, 2010 1:26 pm

Post by sunny1407 » Wed Apr 20, 2011 6:17 pm

mahetus1 wrote:So, we stick with that, we have to select HSMP under JR in Section 3 and10G....


technically 10G is for highly skilled migrant while we are currently under tier 1.

What is Home office definition of highly skilled migrant? so frustrating.

just called home office - first person told she didn' know and someone will call me-no call received. second person telling apply under tier 1 !!!
Yes everyone mentioned in the JR policy document (pre and post april 06) should choose that option

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 9:20 am

Re: is 180 days out of country applies to pre nov 2006 hsmpi

Post by Son_of_Soil » Thu Apr 21, 2011 12:48 pm

Hi Sushdmehta

While calculating the 180 days, A)Do i need to just count the days in the last 5 years since i got my 1st HSMP or B)all the days since i 1st entered UK?C) do you count the travelling days aswell? i have read so many post about counting days, but still not very clear on this.

Thanks
sushdmehta wrote:
Son_of_Soil wrote:Hi
I am wondering if this 180 days out of country rule applies to pre nov 2006 applicants?
Yes, it applies to all economic migrants - irrespective of the qualifying immigration category (HSMP JR / HSMP / Tier 1 / Tier 2).

See also Indefinite leave to remain - calculating continuous period in UK.

meen
Newly Registered
Posts: 2
Joined: Wed Apr 20, 2011 12:08 pm

Post by meen » Thu Apr 21, 2011 8:10 pm

sunny1407 wrote:
meen wrote:Thank you guys for clarifying all these! The new form is sooooo confusing I did not know which to choose. All that is very clear now - No points to make up!

Regarding ILR, A second issue is - are we (JR apr 6- nov 6 2006)) affected by the new criminality threshold rule of April 6, 2011 i.e. all convictions need to be spent. Very confused about this despite all posts I have read on this site. A £200 fine issued by the court (no attendance and paid immediately) and 3 points on a licence.

Does this constitute a criminal offence? Does it need to be declared (even for work applications?) if yes when does it become spent.

Thanks in advance!
You are not affected by the new criminality threshold rule but still should mention in the application.

Sunny 1407
Thanks for answering my question. anyone that has further information on this should please add to this.

hari1681
Newly Registered
Posts: 2
Joined: Fri Apr 29, 2011 8:59 pm

Post by hari1681 » Fri Apr 29, 2011 9:29 pm

Just to let everyone know about the Apr'06 to Pre Nov'06 ILR experience,
I have gone to Croydon PEO office on 28th April.
My Application is based ILR HSMP JR
I was in WP from May'06 to Sept'06 and HSMP from Oct'06
Case worker is very friendly and asked for the application and passports.
He has checked the passports for a 5 minutes and asked to provide 3 months payslips and 3 months bank statements. He asked whether i have any P60's with me, I have given all five P60. He asked whether I am employed. I replied that I am employed and given him employer letter.
After few minutes, he asked us to come back or wait for an hour to collect the passports.
No documents on cohabitation are asked.
Even though I have LUK test certificates, he has mentioned they are not required for Pre Nov'06.

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 9:20 am

Post by Son_of_Soil » Sat Apr 30, 2011 1:43 pm

Congrats hari

Could you please tell who was your dependent? and when they joined you?
my wife joined me in december 2010 and i am going to apply in october this year.does she need to spend 2 years before she can apply for ILR or she will get it when i get mine.

Thanks
hari1681 wrote:Just to let everyone know about the Apr'06 to Pre Nov'06 ILR experience,
I have gone to Croydon PEO office on 28th April.
My Application is based ILR HSMP JR
I was in WP from May'06 to Sept'06 and HSMP from Oct'06
Case worker is very friendly and asked for the application and passports.
He has checked the passports for a 5 minutes and asked to provide 3 months payslips and 3 months bank statements. He asked whether i have any P60's with me, I have given all five P60. He asked whether I am employed. I replied that I am employed and given him employer letter.
After few minutes, he asked us to come back or wait for an hour to collect the passports.
No documents on cohabitation are asked.
Even though I have LUK test certificates, he has mentioned they are not required for Pre Nov'06.

nedian21
Newly Registered
Posts: 22
Joined: Tue Mar 11, 2008 5:36 pm

Post by nedian21 » Tue May 03, 2011 1:03 pm

hari1681 wrote:Just to let everyone know about the Apr'06 to Pre Nov'06 ILR experience,
I have gone to Croydon PEO office on 28th April.
My Application is based ILR HSMP JR
I was in WP from May'06 to Sept'06 and HSMP from Oct'06
Case worker is very friendly and asked for the application and passports.
He has checked the passports for a 5 minutes and asked to provide 3 months payslips and 3 months bank statements. He asked whether i have any P60's with me, I have given all five P60. He asked whether I am employed. I replied that I am employed and given him employer letter.
After few minutes, he asked us to come back or wait for an hour to collect the passports.
No documents on cohabitation are asked.
Even though I have LUK test certificates, he has mentioned they are not required for Pre Nov'06.
Hi Hari,

Congrats. I am in the same boat as you.

WP on 3rd Sep 2006.

HSMP appeal approved in Jan 2007. I applied for HSMP in June 2006 which got rejected and appealed against it. So WP switched to HSMP.

Got extension based on HSMP JR i.e. wasn’t assessed again after 2 years and the visa stamp is now bearing Tier 1.

Just want to ask what option you selected on the new form in Section 3. Did you select Tier 1 in Section 3a as our visa currently bears that or did u select HSMP JR in Section 3b.

Thanks
Noman

hari1681
Newly Registered
Posts: 2
Joined: Fri Apr 29, 2011 8:59 pm

Post by hari1681 » Thu May 05, 2011 8:25 pm

I have selected HSMP JR in SET(O) form
nedian21 wrote:
hari1681 wrote:Just to let everyone know about the Apr'06 to Pre Nov'06 ILR experience,
I have gone to Croydon PEO office on 28th April.
My Application is based ILR HSMP JR
I was in WP from May'06 to Sept'06 and HSMP from Oct'06
Case worker is very friendly and asked for the application and passports.
He has checked the passports for a 5 minutes and asked to provide 3 months payslips and 3 months bank statements. He asked whether i have any P60's with me, I have given all five P60. He asked whether I am employed. I replied that I am employed and given him employer letter.
After few minutes, he asked us to come back or wait for an hour to collect the passports.
No documents on cohabitation are asked.
Even though I have LUK test certificates, he has mentioned they are not required for Pre Nov'06.
Hi Hari,

Congrats. I am in the same boat as you.

WP on 3rd Sep 2006.

HSMP appeal approved in Jan 2007. I applied for HSMP in June 2006 which got rejected and appealed against it. So WP switched to HSMP.

Got extension based on HSMP JR i.e. wasn’t assessed again after 2 years and the visa stamp is now bearing Tier 1.

Just want to ask what option you selected on the new form in Section 3. Did you select Tier 1 in Section 3a as our visa currently bears that or did u select HSMP JR in Section 3b.

Thanks
Noman

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 9:20 am

Post by Son_of_Soil » Fri May 06, 2011 9:27 am

Hello Hari

Did your dependent stayed for two years or less? what document you submitted.

my wife joined me in december 2010 so wondering if she can apply ILR with me .I am getting mixed answer from this forum and Home Office.I am covered by HSMP JR.

hari1681 wrote:Just to let everyone know about the Apr'06 to Pre Nov'06 ILR experience,
I have gone to Croydon PEO office on 28th April.
My Application is based ILR HSMP JR
I was in WP from May'06 to Sept'06 and HSMP from Oct'06
Case worker is very friendly and asked for the application and passports.
He has checked the passports for a 5 minutes and asked to provide 3 months payslips and 3 months bank statements. He asked whether i have any P60's with me, I have given all five P60. He asked whether I am employed. I replied that I am employed and given him employer letter.
After few minutes, he asked us to come back or wait for an hour to collect the passports.
No documents on cohabitation are asked.
Even though I have LUK test certificates, he has mentioned they are not required for Pre Nov'06.

gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Post by gidoc » Fri May 06, 2011 9:16 pm

This is a bit tricky and will depend on the day. HSMP dependent follows the status of the main applicant irrespective of duration of stay in UK.
However there have been several instances in this forum, where 2 yr stay in UK has been asked for the spouse.

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 9:20 am

Post by Son_of_Soil » Fri May 06, 2011 10:50 pm

HI

It cant be true that its depends on the day and the case worker. There should be a rule/law written somewhere which should be followed. Case workers just cnt refuse dependents just because they dnt feel like issuing ILR.

Seniors/moderators
i have requested for this info many time, could you please put some light on this as for some of us this is very important..

gidoc wrote:This is a bit tricky and will depend on the day. HSMP dependent follows the status of the main applicant irrespective of duration of stay in UK.
However there have been several instances in this forum, where 2 yr stay in UK has been asked for the spouse.

gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Post by gidoc » Sat May 07, 2011 8:48 am

<It cant be true that its depends on the day and the case worker>

Well, unfortunately that is the case; you should go through the forum where you will find evidence of this.Case worker does decide this on the day but you have the right to challenge or appeal.Case workers often do not have all the correct information at hand.

However, you are right, there is a rule and the HSMP document says it all. You should have a copy of it with you and if challenged show it to the case worker.

All the best.

geekhatri
Junior Member
Posts: 72
Joined: Wed Jun 11, 2008 7:10 pm

Post by geekhatri » Mon May 09, 2011 7:21 pm

hari1681 wrote:Just to let everyone know about the Apr'06 to Pre Nov'06 ILR experience,
I have gone to Croydon PEO office on 28th April.
My Application is based ILR HSMP JR
I was in WP from May'06 to Sept'06 and HSMP from Oct'06
Case worker is very friendly and asked for the application and passports.
He has checked the passports for a 5 minutes and asked to provide 3 months payslips and 3 months bank statements. He asked whether i have any P60's with me, I have given all five P60. He asked whether I am employed. I replied that I am employed and given him employer letter.
After few minutes, he asked us to come back or wait for an hour to collect the passports.
No documents on cohabitation are asked.
Even though I have LUK test certificates, he has mentioned they are not required for Pre Nov'06.

Hey Hari,
congratulation mate, I am very much in same boat only difference that I was in student visa before HSMP in May, 2006.
Just a question from you, if you got HSMP in Sept, 2006 - so technically u have completed 5 yrs in sept, 2011, does it mean that they are including WP and HSMP together to deal with ur case???

N many thanks to include that U HAVE SELECTED HSMP UNDER JR IN SECTION 3..THAT WAS A GREAT RELIEF...

Guys, can you please also share your experience of filling the SECTION 3.

thanks

artfreak9
Junior Member
Posts: 77
Joined: Fri Oct 06, 2006 10:31 am

Thanks for this! i was confused what to select too

Post by artfreak9 » Tue May 10, 2011 1:02 pm

Hi Guys! thanks for this! this has cleared my doubts! I was also wondering like many on here as to which category i select. I fall under the JR rules as in pre Nov06.

So basically I dont need to give Life in the UK test, and only 3 months payslips and bankstatements should suffice..
Are there any other documents that you would recommend that i carry along...
So far I am thinking:

1) Passport
2) Application form SET(O)
3) 3 Months Bank statements (or do I need the last 12 months?)
4) 3 months payslips (I will have print outs from my umbrella company - as I have been working as a Freelancer for last 12 months)
5) P60 from umbrella company (Do I need previous P60s?)
6) Letters from umbrella company and recruitment agents company

If I may have missed out anything could anyone please point out..
It would be very helpful...

Thanks a lot,
Rohan...

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 9:20 am

Re: Thanks for this! i was confused what to select too

Post by Son_of_Soil » Tue May 10, 2011 2:51 pm

Hi
If i was you , i would take ALL payslips and and atleast 6 months bank statements and they can take as many as they wants(normally 3 months).
According to me Documents should be:

Passport
SET (O)
Letter from Employer(may or may not be required, but good to have it)
Bank statement fot 6 months
Payslips for 6months
HSMP JR Policy document
P60s ( Should take all 5 , but i guess take as many you have)

Thanks
artfreak9 wrote:Hi Guys! thanks for this! this has cleared my doubts! I was also wondering like many on here as to which category i select. I fall under the JR rules as in pre Nov06.

So basically I dont need to give Life in the UK test, and only 3 months payslips and bankstatements should suffice..
Are there any other documents that you would recommend that i carry along...
So far I am thinking:

1) Passport
2) Application form SET(O)
3) 3 Months Bank statements (or do I need the last 12 months?)
4) 3 months payslips (I will have print outs from my umbrella company - as I have been working as a Freelancer for last 12 months)
5) P60 from umbrella company (Do I need previous P60s?)
6) Letters from umbrella company and recruitment agents company

If I may have missed out anything could anyone please point out..
It would be very helpful...

Thanks a lot,
Rohan...

bill123in
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Posts: 6
Joined: Tue May 17, 2011 5:16 pm
Location: London
Contact:

ILR application in Jun-11

Post by bill123in » Tue May 17, 2011 5:30 pm

Dear all,

Please find my background details:

HSMP application approved: May-2006
HSMP Visa stamped: Jul-2006: from India
First came to the UK: 10-Jul-2006
Granted extension as Tier 1 Migrant - Aug-2008
Completing 5 years stay in the UK on - 10-Jul-2011

Couple of questions, please could you answer following questions.

1. What category should I be using while applying for ILR; HSMP ot Tier 1?

2. Do I need to pass "life in UK test"?

Thanks in advance
Prashant

spare_parts
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Posts: 14
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Post by spare_parts » Wed May 18, 2011 9:14 am

Hi Prashanth,

You should apply for ILR under "HSMP JR policy document". And no, you are not required take the "Life in the UK" test.

Regards,

bill123in
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Posts: 6
Joined: Tue May 17, 2011 5:16 pm
Location: London
Contact:

Post by bill123in » Wed May 18, 2011 6:47 pm

Nice one. Thanks for the clarification. much appreciated.
spare_parts wrote:Hi Prashanth,

You should apply for ILR under "HSMP JR policy document". And no, you are not required take the "Life in the UK" test.

Regards,

jami
Member of Standing
Posts: 270
Joined: Sun Oct 21, 2007 12:06 pm
Location: Lahore

Post by jami » Thu May 19, 2011 2:59 pm

Date of initial HSMP approval letter is not relevant rather the date on which your HSMP application was received in Home Office.If said date is prior to 3 April 2006 than your qualifying period for ILR would be 4 years

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