ILR under HSMP JR but Tier 1 (General) stamp on PP

Initial HSMP approval was received before 03-Apr-06 and switched to HSMP in May 2006.

At the time of extension (May 2008) UKBA had not published any information as to how applications from people affected by JR would be treated hence Tier 1 (general) application form was used to apply and evidence provided as per Tier 1 qualifying criteria. However, it was clearly mentioned in the cover letter that the JR judgment applied to the applicant and, in absence of appropriate guideline(s) and form by UKBA for JR affected appplicants, the Tier 1 (General) form was being used to apply. As a result, when the passport was returned it was stamped with Tier 1 (General) vignette on basis of approval under Tier 1 criteria (maybe because Tier 1 evidences were provided).

The policy document and the HSMP (Tier 1) FLR form were, IIRC, issued in Jun 2008 and all applicants who applied for FLR using that form, I believe, aslos had a Tier 1 (General) stamp affixed to the passport but, understandably, received the approval letter stating that the FLR approval was based on old HSMP rules.

In my case, is there a need to request UKBA for change of vignette and /or associated conditions before the ILR date comes up? ... given the fact that the (FLR) approval was based on Tier 1 (General) criteria??

Also, would like to hear from members covered by HSMP JR whose FLR applications were approved before UKBA published the policy guidance and the revised HSMP form (e.g. -FLR submitted b/w Jan 2008 to May 2008) and are either preparing for ILR or have been granted ILR. Appreciate if such members could share the following info.:
Main HSMP migrant
Month & Year of last FLR application:
Vignette: HSMP / Tier 1 (General)
Approval based on: Old rules / Tier 1 criteria
ILR: preparing / granted

Dependent (if any)
Month & Year of EC:
EC form used: VAF2 / VAF10
Vignette: HSMP dependent / Tier 1 (General) Dependent / PBS Dependent



Thanks in advance!


regards

The rule says that to be condidered under HSMP JR, you should be in the scheme. I think the guidelines state that if you were in another catagory other than HSMP/ Tier 1, you should apply and convert to HSMP before you apply for ILR. I think there was some grace period given within which this conversion back to HSMP/Tier1 should have happened.


What does the FLR approval letter says?

I applied for FLR(HSMP), when the HSMP scheme ended in November 2006. There was points based system for FLR(HSMP) (Tier 1 scheme did not start at that time). When my approval came, the covering letter stated they are extending for 4 years. There was a note that although extension is given usually for three years for highly skilled migrant, in my case 4 years extension was granted considering that my initial leave was 1 year.
In the passport visa stamp, there was no mention of HSMP, it simply stated as "Limited Leave to Remain". I hope that my extension was HSMP extension since I used the FLR(HSMP) form.

what would you liek to hear from them? that they have the same stamp as you? yes, they most probably do

but it's too early for these people to apply for ILR under HSMP JR

Jk2007 wrote:The rule says that to be condidered under HSMP JR, you should be in the scheme.

it says that it is valid for people with HO approval letter dated before change of plans is April 06.

kamalin10 wrote:

Jk2007 wrote:The rule says that to be condidered under HSMP JR, you should be in the scheme.

it says that it is valid for people with HO approval letter dated before change of plans is April 06.

Yes, I think both conditions should be met. (1) HSMP approval before April 2006, and (2) Be in the HSMP / Tier1 Scheme.

JK apologies for my ignorance but can you please elobarate?

Some one got HSMP as per the old rules, and later moved to T1 (at the time of extn) as HSMP scheme was/is no longer available is not covered under JR?

As per your previous post

"think the guidelines state that if you were in another catagory such as Tier 1, you should apply and convert to HSMP before you apply for ILR."

i think this is incorrect as i know some people who got ILR (JR) while on T1 as they got T1 stamp at the time of extn.. i am in the same boat as mine is pre Nov 06 but based on WP stay + HSMP 2 years+ T1..due in April 2010.

Jk2007 wrote:

kamalin10 wrote:

Jk2007 wrote:The rule says that to be condidered under HSMP JR, you should be in the scheme.

it says that it is valid for people with HO approval letter dated before change of plans is April 06.

Yes, I think both conditions should be met. (1) HSMP approval before April 2006, and (2) Be in the HSMP Scheme.

nksg

i agree. i can't be bothered reading the JR again, but i was under impression that all that matters is that one was granted HSMP (approval letter) under old rules - before April. everybody after that got 5 years (2+3 years) HSMP.

if someone got approval letter before April but applied for visa after April then they also got 2 years visa. when extending their stay they have had no other option than get Tier 1 FLR. this does not mean they are not qualified for 4 year ILR under JR.

and i can not see how it is possivle switching "back" to HSMP which is not existing anymore...

i'm sure there's a long boring thread somewhere here that has all details... users just can't use SEARCH it seems

Sorry for the confusion. I reread the guidelines and have updated my posts.

If one has moved from HSMP to Tier 1, it appears such candidates are also eligible to apply for ILR under HSMP JR.

Switching back is necessary only if the candidate has moved to another catagory other than HSMP/Tier1.

[quote="kamalin10"]nksg

and i can not see how it is possivle switching "back" to HSMP which is not existing anymore...
[quote]

The guidelines stated that, while extending HSMP, if one is not qualifying for Tier1, such candidates will be extended as per the old HSMP rules. Not sure what their Visa stamp will say HSMP or Tier 1.

Jk2007 wrote:The rule says that to be condidered under HSMP JR, you should be in the scheme. I think the guidelines state that if you were in another catagory other than HSMP/ Tier 1, you should apply and convert to HSMP before you apply for ILR.

I think there was some grace period given within which this conversion back to HSMP/Tier1 should have happened.[/quote]Correct, but doesn't apply in my case as I was on HSMP leave before my extension and, subsequent to FLR in May 2008 have a Tier 1 (General) vignette in my passport.

JK2007 wrote:What does the FLR approval letter says?

It says approval based on Tier 1 criteria. As explained in my post above, at the time of my FLR application the FLR (HSMP) had already been taken off and Tier 1 FLR (HSMP) not yet specified by UKBA, so had no option but to fill the Tier 1 application form to apply for FLR. The one thing that I probably did differently from many others who were applying at the same time was to *not demand* consideration under JR judgment and rather provided evidences to prove that I qualified under Tier 1 as well.

It is not the vignette that says Tier 1 (General) which is bothering me because my partner who received HSMP approval before 07-Nov-06 applied for extension in Jan 2009 using the Tier 1 FLR (HSMP) form but also has Tier 1 (General) on the vignette. But, understandably, the letter states that the approval is based on old HSMP rules.

It is the FLR approval letter that I received that I am bothered about - as it states that the FLR approval is based on Tier 1 rules. And I have been wondering if this is going to create a problem at the time of ILR and should I do something about it!!

This said, it is also my understanding that the very fact that one recieved HSMP approval as per rules in place before 03-Apr-06 is proof enough that the applicant is eligible to apply for ILR after 4 years if he continues to hold leave as HSMP or even Tier 1 leave immediately before applying for ILR.

Last minute jitters, you may say!


regards

Jk2007 wrote:Not sure what their Visa stamp will say HSMP or Tier 1.

As mentioned earlier, partner applied under old rules in Jan 2009 (using Tier 1 FLR (HSMP) form) and has a Tier 1 (General) vignette.

regards

Anyone kind enough to share the following info.?

sushdmehta wrote:would like to hear from members covered by HSMP JR whose FLR applications were approved before UKBA published the policy guidance and the revised HSMP form (i.e.- Tier 1 FLR (HSMP)) and are either preparing for ILR or have been granted ILR. Appreciate if such members could share the following info.:
Main HSMP migrant
Month & Year of last FLR application:
Vignette: HSMP / Tier 1 (General)
Approval based on: Old rules / Tier 1 criteria
ILR: preparing / granted

Dependent (if any)
Month & Year of EC:
EC form used: VAF2 / VAF10
Vignette: HSMP dependent / Tier 1 (General) Dependent / PBS Dependent

In my case,
Main HSMP migrant
Month & Year of last FLR application: May 2008
Vignette: Tier 1 (General)
Approval based on: Tier 1 criteria
Dependent: Partner on own HSMP eligible for ILR 2012; planning to apply for EC as dependent before ILR (to qualify for ILR with main applicant).
ILR: preparing (May 2010)

regards

Hi Sudesh My details are below:

Aug 2004 - Jan 2005 WP (Company 1)
May 2005 - Jan 2007 WP (Company 2) (Changed Job but out of country stay exceeding 90 days)
Jan 2007 - Jan 2009 (HSMP based on approval letter recieved August 2006 covered in JR 5 years)
Jan 2009 - Jan 2012 (T1 extn under JR)

Based on WP stay planning to apply for ILR in April 2010.

Wife : WP dependent since 2006 and then HSMP and T1 Dependent.

sushdmehta wrote:Anyone kind enough to share the following info.?

sushdmehta wrote:would like to hear from members covered by HSMP JR whose FLR applications were approved before UKBA published the policy guidance and the revised HSMP form (i.e.- Tier 1 FLR (HSMP)) and are either preparing for ILR or have been granted ILR. Appreciate if such members could share the following info.:
Main HSMP migrant
Month & Year of last FLR application:
Vignette: HSMP / Tier 1 (General)
Approval based on: Old rules / Tier 1 criteria
ILR: preparing / granted

Dependent (if any)
Month & Year of EC:
EC form used: VAF2 / VAF10
Vignette: HSMP dependent / Tier 1 (General) Dependent / PBS Dependent

In my case,
Main HSMP migrant
Month & Year of last FLR application: May 2008
Vignette: Tier 1 (General)
Approval based on: Tier 1 criteria
Dependent: Partner on own HSMP eligible for ILR 2012; planning to apply for EC as dependent before ILR (to qualify for ILR with main applicant).
ILR: preparing (May 2010)

regards

This will be interesting if probationary citizenship is introduced in july 2011.
I enter UK in sept 2005 under student dependant visa. I worked for a year and then in sept 2006 applied for HSMP, I got my HSMP approval letter in oct 2006 but only went back to my home country to switch to HSMP in March 2007. I got 1 year HSMP and then switch to Tier 1. I assume I will be eligible for ILR in march 2012, and I do wonder if ILR no longer exist then will there be another JR?