Set (O) Section - 9

Hi Guys,

I have been on 2 Workpermits from Apr-04 to Oct-06

Got my 1st HSMP approval before Nov 06-valid (and got visa stamped in Jan-07 valid thru to Jan-09)

then stamped Tier 1 General from Jan 09 to Jan-2012.

Now, which option do I select in the Set - (O) form?

is it 9 (H) - Highly skilled migrant under the terms of the HSMP ILR JR (my qualifying status for ILR under JR) - this says - if you are applying for ILR on completing 4 yrs stay

or is it 9 (L) - Tier 1 - General my current status

On completing 5 yrs.

Can anyone help ? what category do I fall under pls?

Thanks a lot
Santosh.

santosh_kalluri wrote:9 (H) - Highly skilled migrant under the terms of the HSMP ILR JR (my qualifying status for ILR under JR) - this says - if you are applying for ILR on completing 4 yrs stay

Applicable to only those HSMP migrants who had applied for HSMP before 03-Apr-06.

regards

Thanks for that, if thats the case what should I check in the Section - 3 of the intial application, it has loads of categories even Tier 1 - General and HSMP JR. If I say Tier 1 General, how will they know that I am applying under HSMP JR (as I got my initial HSMP approved before Nov 2006) and dont need to take the Life in the UK test.

Pls advise.

santosh_kalluri wrote:Thanks for that, if thats the case what should I check in the Section - 3 of the intial application, it has loads of categories even Tier 1 - General and HSMP JR. If I say Tier 1 General, how will they know that I am applying under HSMP JR (as I got my initial HSMP approved before Nov 2006) and dont need to take the Life in the UK test.

Pls advise.

Section 3 - HSMP JR.
Section 9 - 9G. HSMP with ILR after 5 years

In your cover letter, mention that you are applying under the HSMP JR terms, which group you fall into (post april but pre nov 2006) and that you do not require the Life in the UK test.

http://www.ukba.homeoffice.gov.uk/worki ... er-remain/

just looking at your timeline. was there a gap between your WP and HSMP visas? if so, that might be a problem.

Yes, My case is a bit peculiar...

I have been on WP from Apr-04 to Sep04 (medical leave for 5 months)

new WP from Feb-05 to Oct-06 (medical leave for 5 months again) applied HSMP and got approval before Nov-06. Got the visa stamped in Jan-07.

Back in UK from March-07 to Jan-09 (applied for Tier 1 General) got approved from Jan-09 to Jan-2012.

I have the medical letters from Indian doctors and medical receipts for only 1st case, 2nd time it was more like a rehab and intermittent physio sessions. although the letter says I was on observation until the last day I left India.

Do you think this will give me an edge on the time I was away (coming upto 453 days in total so far).

Also according to my first visit to UK, I have completed 5 yrs in March-09 but was waiting for my family to join me. will they consider my 1 extra year and compensate my long leave on 2 occasions?


Appreciate your advise.

Thanks,
Santosh.

I think since you will be applying soon (2010), you should probably be looking at your 2nd entry Feb 2005 to whatever date you apply. How many days absence do you have for this period?

5 months (from Oct-2006 to March 2007). I am trying to get a letter from my employer that I was on the rolls until then, do I need to show them my salary slips as well? I will not have them because I was not paid during this period.

f2k wrote:I think since you will be applying soon (2010), you should probably be looking at your 2nd entry Feb 2005 to whatever date you apply. How many days absence do you have for this period?

santosh_kalluri wrote:5 months (from Oct-2006 to March 2007). I am trying to get a letter from my employer that I was on the rolls until then, do I need to show them my salary slips as well? I will not have them because I was not paid during this period.

f2k wrote:I think since you will be applying soon (2010), you should probably be looking at your 2nd entry Feb 2005 to whatever date you apply. How many days absence do you have for this period?

do you have any other absences between Feb2005 and Now

santosh_kalluri wrote:5 months (from Oct-2006 to March 2007). I am trying to get a letter from my employer that I was on the rolls until then, do I need to show them my salary slips as well? I will not have them because I was not paid during this period.

Did you work for the same company in March 2007? If you can get a letter that you were on unpaid medical leave during that time, that might be OK.

The problem is they might consider that one visa (WP) expired, then a long break where you have no UK status, and consider your ILR clock to have restarted in March 2007.

bani wrote:

santosh_kalluri wrote:5 months (from Oct-2006 to March 2007). I am trying to get a letter from my employer that I was on the rolls until then, do I need to show them my salary slips as well? I will not have them because I was not paid during this period.

Did you work for the same company in March 2007? If you can get a letter that you were on unpaid medical leave during that time, that might be OK.

The problem is they might consider that one visa (WP) expired, then a long break where you have no UK status, and consider your ILR clock to have restarted in March 2007.

I can get a letter from my Employer in UK saying I was on unpaid medical leave until March 07. I have all my P45s from 2004-07 but is it wise to show them even though I was away for most of the time?

I got the appt for 20th March. someone said that since its a complicated case, its wise to do a postal application, they will anyway call me for interview. but I am a bit desperate and want to sort it out asap.

Thanks for your advise.

f2k wrote:

santosh_kalluri wrote:5 months (from Oct-2006 to March 2007). I am trying to get a letter from my employer that I was on the rolls until then, do I need to show them my salary slips as well? I will not have them because I was not paid during this period.

f2k wrote:I think since you will be applying soon (2010), you should probably be looking at your 2nd entry Feb 2005 to whatever date you apply. How many days absence do you have for this period?

do you have any other absences between Feb2005 and Now

well as i said I was away from Oct-2006 to March-07 on medical leave but since then I was on and off for a month's paid leave. My total days out of UK coming upto 453 days, as of March 09 but since I spend 1 more year since then will I be considered? Has this happened to anyone so far?

I don't want to discourage you, but the WP expiring in Oct 2006 before your HSMP visa is a big issue. You really had no status in the UK and you were out of the country for five months. Even if it were just a gap of 2 days, that is enough for them to say your ILR clock restarts. The company can write that they still consider you "employed" during the gap but without a valid WP at that time, it might not count.

One positive thing is that your HSMP application was before Nov 06 so as long as you stay in the country you should get ILR in March 2012.

Hope you get more valuable input before your appointment date. £1020 is a lot of money.

Good luck.

bani wrote:I don't want to discourage you, but the WP expiring in Oct 2006 before your HSMP visa is a big issue. You really had no status in the UK and you were out of the country for five months. Even if it were just a gap of 2 days, that is enough for them to say your ILR clock restarts. The company can write that they still consider you "employed" during the gap but without a valid WP at that time, it might not count.

One positive thing is that your HSMP application was before Nov 06 so as long as you stay in the country you should get ILR in March 2012.

Hope you get more valuable input before your appointment date. £1020 is a lot of money.

Good luck.

My Workpermit doesnt expire until I get my Visa stamped doesnt it? let me clarify...

My WP is valid from Feb-o5 to Feb-07. In Oct-06 my Employer in India called me back (Intra company rotation) I was continuing my work with same employer from offshore. As i said earlier before going back to India in Oct-06 I got my HSMP approved and then stamped the visa in India as its cheaper then (£65). Things didnt go well as expected so I came back on my own on HSMP. Then continuing with FLR valid until Jan 2012.

However, the reason I am being desperate is becoz I want to go back to India for good and not sure if I want to come back but just incase if things dont go well again, I will have a backup of PR. But yes £1000 is lot. I am not sure if I am doing the right thing. Although if I manage to get this PR stamped I will have to come back once in 2yrs to continue my PR status in this country.

I am going bonkers. What would you do in my situation ??

Ok, that is a much better scenario! The HSMP stamp and WP visa have an overlap so there is no gap. If your company is willing to give you the letter (that you were on unpaid medical leave) and you can get a letter from your doctors in India (detailing why you had to be there), then you have a good chance.

If you get PR and leave, it's not as easy as coming back once every 2 years (or even every few months), you'd have to prove that you are coming back to live here. But you are right, if things don't work out in India, it is good to have PR here to go back to. Good luck.

santosh_kalluri wrote: My Workpermit doesnt expire until I get my Visa stamped doesnt it? let me clarify...

My WP is valid from Feb-o5 to Feb-07. In Oct-06 my Employer in India called me back (Intra company rotation) I was continuing my work with same employer from offshore. As i said earlier before going back to India in Oct-06 I got my HSMP approved and then stamped the visa in India as its cheaper then (£65). Things didnt go well as expected so I came back on my own on HSMP. Then continuing with FLR valid until Jan 2012.

However, the reason I am being desperate is becoz I want to go back to India for good and not sure if I want to come back but just incase if things dont go well again, I will have a backup of PR. But yes £1000 is lot. I am not sure if I am doing the right thing. Although if I manage to get this PR stamped I will have to come back once in 2yrs to continue my PR status in this country.

I am going bonkers. What would you do in my situation ??

Is this format good enough ?? Please feel free to make necessary corrections.

<Date>

To
The Immigration Officer,
UK Border Agency

Subject: Application for Indefinite Leave to Remain – SET (O)

Dear Sir / Madam

This is to confirm that <My Name> was employed by <My Company> as a full-time employee from <dates> as <Profile>

During his employment he was required to travel to India due to a Medical Emergency. While abroad he was still on UK payroll but on unpaid leave.

Should you require any further information please feel free to contact me on the following numbers<My Boss’s Phone No>.

Yours faithfully
<Boss’s Name>

Thanks,
San.

It is important for OP to realize that the issue in his case is whether he can prove to UKBA that continuity of residence in UK has not been broken during the 4/5yr. period. That's the key point caseworker will be looking out for, in the application. Validity of visa or being employed with the same company are, IMHO, insignificant facts because these are no proofs of UK residency unless the OP can prove employment in the UK.

Oct '06, employer recalls OP (off-shore) -> clear indication of residency being broken, unless OP can get a letter from employer stating that he was employed in the UK but was on unpaid sick leave until his return in Mar '07.

Also, reading this might be helpful.

regards

Good luck. Here are some of my suggestions for minor changes.

<Date>

To
The Immigration Officer,
UK Border Agency

Subject: <Name>
<Date of Birth>


Dear Sir / Madam

This is to confirm that <My Name> was employed full time by <My Company> as a <Profile> from <dates>.

During his employment he was required to travel to India due to a medical emergency from <date> to <date>. He was given an unpaid medical leave and while abroad, he remained on our company payroll. He resumed his role as <Profile> from <dates> to <dates>.

Should you require any further information, please feel free to contact me on the following numbers<My Boss’s Phone No>.

Yours faithfully
<Boss’s Name>

Thanks for your replies all. Could you also suggest if its better to do a postal application or directly at the PEO. As its a special case (5 months break) also a rough timeline for their decision (does it take too long > 1 month), I need to apply for Schengen Visa soon. Would they still call me for a personal face to face interview to explain the reason?

I was trying to post them before 6th April, so I can save few quid. Can I enter the amount as £970 (Me + 2 dependents) before 6th April. If they receive my app after Can they change the amount accordingly? As the application form has the price printed on it.

Can someone advise pls?

Thanks,
Santosh.