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After April, 2006 but before Nov, 2006.

Posted: Sun Jan 31, 2010 4:58 pm
by geekhatri
hi guys,
need your help, actually i got hsmp in may, 2006 for 2 years, further extended for 3 yrs (going to expire in 2011).
I do not want to wait till last moment, so asking for help..s i got a plenty help during my last extension ..was lots of ho ha ..
I want to know what form i have to fill and is there any minimum balance requirement in the account of last 12 months ????

plz if any one knows the answer, reply here.

thanks.

Posted: Sun Jan 31, 2010 5:40 pm
by geriatrix

Re: After April, 2006 but before Nov, 2006.

Posted: Sun Jan 31, 2010 5:40 pm
by wunder
If you got HSMP approval in May 2006, then you can apply only after 5 years (in 2011).

The form is SET(O)
and there is no balance requirement (but you have to be employed at the time of application).

Re: After April, 2006 but before Nov, 2006.

Posted: Sun Jan 31, 2010 6:39 pm
by geekhatri
thanks wunder,
but i heard that they are planning to change rules in 2011 for min balance in the account, say suppose if they change, is it going to effect to us??

Re: After April, 2006 but before Nov, 2006.

Posted: Sun Jan 31, 2010 8:03 pm
by wunder
geekhatri wrote:but i heard that they are planning to change rules in 2011 for min balance in the account, say suppose if they change, is it going to effect to us??
Sounds like a total hear-say. I never heard about anything like that. :)

But considering that Home Office loves retrospective application of new rules - it might affect you if it will actually happen ("if" being the key word).

FORM SET(O)- SECTION 3

Posted: Thu Dec 02, 2010 6:08 pm
by geekhatri
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.

Posted: Thu Dec 02, 2010 6:24 pm
by gidoc
Tick no 2 if you want to avail of the policy document as it does apply to you. If you do not have this option online( is the form online now?), then use a paper form. Vey few people use of this category, hence UKBA may have conveniently chose to ignore it. But it is still valid.
best regards

Form SET (o) - Section 3

Posted: Mon Dec 13, 2010 7:59 pm
by geekhatri
Hi gidoc,
many thanks for your reply but i am so worried to select option 2 as it clearly says - APPLICANT BEFORE MARCH, 2006.

Any more comment from senior member or who are in the same boat, please share with us here.

thanks.

Posted: Sat Dec 25, 2010 2:50 pm
by surajban
I am in the same boat
Please if anyone got any information please put forward.

Re: FORM SET(O)- SECTION 3

Posted: Sat Dec 25, 2010 3:17 pm
by surajban
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.
Please find the link for HSMP Judicial Review Document which clearly mentioned about HIGHLY SKILLED MIGRANT those who got approval pre Nov 2006 dont need to worry about KOL & LIUK.

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

Its clear for the main applicant but still a qn arise for dependants?

From the below link its clear that dependants follow main applicants for HSMP JR (extension of stay).

http://www.ukba.homeoffice.gov.uk/worki ... ialreview/#

Can someone please put forward any documents which states dependant folow the main applicant in regard to KOL & LIUK.

Kind Regards
Srn

pre--nov

Posted: Sat Dec 25, 2010 5:09 pm
by tina123
My understanding is for pre-nov 2006 but after April 2006
1. No English lang/ life in the uk test for ILR - including dependants
2. No points to qualify
3. Need to be economically active - obviously after 5 years all would be active.

Senior members pls advice

Re: pre--nov

Posted: Sun Dec 26, 2010 8:05 am
by surajban
tina123 wrote:My understanding is for pre-nov 2006 but after April 2006
1. No English lang/ life in the uk test for ILR - including dependants
2. No points to qualify
3. Need to be economically active - obviously after 5 years all would be active.

Senior members pls advice
Thats sounds good but we need document proof for that.

1) I think at this stage we need to confirm for dependants KOL & LIUK test as we are sure for main applicants we dont need that please find the document proof in this thread.

2) No points to qualify - we are not sure yet on this.

3) That applicable if you apply before Apr 2011.

Regards
Srn

yes

Posted: Sun Dec 26, 2010 8:32 am
by tina123
Hi, you are right , we need to have proof for it. I thnk we can take KOL test if we want to go for citizenship. Regarding the points I am sure there would be no threshold for pre-nov hsmp as we applied our extension without any points. All we need to do is economically active and with out any crime. I think the HO will need to do somethign about the April-Nov 2006 hsmpians. On the HO website there is a judicial review for pre-nov 2006 hsmp. So I think we can definitely get ILR......

Posted: Sun Dec 26, 2010 9:52 am
by surajban
I am hoping to see a slicitor this week, will update you if she got anything on that.

Apr - nov 2006

Posted: Wed Dec 29, 2010 1:58 pm
by jinkazama_11
Hello guys
I got my HSMP in oct 2006 and raised this issue in another thread as well.
The good news is that one of my friend who got his HSMP between apr 06 - nov 06 raised this with UKBA. He received initial reply from the UKBA and they acknowledge the issue regarding the form SET(O) and Guidance for SET(O). He is waiting for further correspondence from UKBA.
I will update you as soon as he receives further guidance from them.
Just to remind you that he only raised the issues regrading the form SET(O) and Guidance notes SET(O). Its not right time to raise the issue of new rules as they are not out yet.

I think mod have to make this sticky.

Posted: Thu Dec 30, 2010 8:38 am
by surajban
Spoke to one of the solicitor about the changes in apr 2011 for ILR.

Firstly she is not sure as nothing came out yet from UKBA.
Secondly she made a good point saying that even if its applicable to pre nov 2006 someone has to put up a case against it and it takes time, for the safeside maintain the min salary of 25k per anm.

I dont understand what jinkazama_11 talking about can you please explain what the issue with set(0) form and guidance.

Re: FORM SET(O)- SECTION 3

Posted: Thu Dec 30, 2010 10:23 am
by jinkazama_11
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.

Posted: Thu Dec 30, 2010 10:47 am
by surajban
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.

Posted: Thu Dec 30, 2010 11:24 am
by jinkazama_11
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.

Posted: Thu Dec 30, 2010 9:04 pm
by surajban
I request moderators & seniors to put up some light on this.