ILR queries - HSMP (03-Apr to 07-Nov)

[sense]

Dear All,

Dear Sir/Madam,

I describe myself as highly skilled migrant who applied to the Highly Skilled Migrant Programme before 7 November 2006 and came to the UK on the basis of that application. I have a couple of questions regarding the new rule in place for ILR (Settlement) from 06/04/2011.

1. I have a question regarding Section 3 of SET(O) document - which category should I apply for my ILR i.e. Tier 1 (General Migrant) or Highly skilled migrant under the terms of HSMP ILR judicial review policy document.



2. My Wife joined me as a dependent in UK on 26/05/2010, since she haven't completed required time in UK, I'm looking for FLR (M) document for herself.

a. Do she need to go through English Requirement test as it was not the case when she initially entered the UK.



b. When should she submit the FLR(M) document as expiry date on both of our Visa is same.



3. My wife given birth to our daughter on 30/03/2011 in UK, Can you please explain what document should be used for her (She haven't got a passport yet) i.e. Should I include her (my daughter) in SET(O) document or in FLR(M) document or I have to do go through different procedure i,e, applying citizenship for her at later stages.

[sense]

Seems like no one wants to answer ... I understand Q1 is covered at few place (for question 2 and 3 please)?

Thanx

[geriatrix]

1. See 10G.

2. If you are covered by HSMP JR, then your wife is not subject to the "2 year residence" requirement. This said, UKBA caseworkers do tend to dictate this "non-existent" requirement on the dependant of HSMP migrants covered by the JR. So, whether or not your wife is granted settlement at the same time as you largely depends on whether or not the caseworker deciding your application knows which rules to apply - in your case. Search the forum and you'll find cases where dependants have been granted settlement without meeting the residence requirement and also cases where such applications have been refused.

3. For extension of leave under FLR(M), see ILR-dependant, Switching from Tier 1 Dependent to Spouse visa and New English language testing for partners.

4. See ILR or MN1 form for my 3 year old son

[intgral]

Dear Sir,

Why not 10H for him?

I opine that 10G is redundant. What sayeth you?

[musaratnasreen]

Q1 This question answered many times..Pre Nov is under HSMP ILR JR
Q2 a I suppose YES. Even spouses of settled persons now need English language test
Q2b She can submit even 1 day before her visa expiry.
Q3 Child eligible for registration under MN1 once u have ILR. or you can include her for ILR with you as no time limit required for children

Dear All,

Dear Sir/Madam,

I describe myself as highly skilled migrant who applied to the Highly Skilled Migrant Programme before 7 November 2006 and came to the UK on the basis of that application. I have a couple of questions regarding the new rule in place for ILR (Settlement) from 06/04/2011.

1. I have a question regarding Section 3 of SET(O) document - which category should I apply for my ILR i.e. Tier 1 (General Migrant) or Highly skilled migrant under the terms of HSMP ILR judicial review policy document.



2. My Wife joined me as a dependent in UK on 26/05/2010, since she haven't completed required time in UK, I'm looking for FLR (M) document for herself.

a. Do she need to go through English Requirement test as it was not the case when she initially entered the UK.



b. When should she submit the FLR(M) document as expiry date on both of our Visa is same.



3. My wife given birth to our daughter on 30/03/2011 in UK, Can you please explain what document should be used for her (She haven't got a passport yet) i.e. Should I include her (my daughter) in SET(O) document or in FLR(M) document or I have to do go through different procedure i,e, applying citizenship for her at later stages.

[jinkazama_11]

Dear Sir,

Why not 10H for him?

I opine that 10G is redundant. What sayeth you?

10G - for migrants who came between Apr06 and nov06.
10H - for migrants came before Apr06

[sense]

Dear All,

I got the following reply form UKBA for Q1 -

Please be advised that, if you were required to extent your initial HSMP leave under Tier 1 (General) in order to complete the required 5 years residence for Indefinite Leave to Remain (ILR), you will be applying for ILR on the basis of Tier 1 (General).

As the VISA in my case says Tier 1 (General) even though extended under HSMP JR making it more confusing for me.

[vipul1981]

Sense,

you are unnecessaruly confusing things here. There are people after Nov 2006 who obtained HSMP and then extended under Tier 1. They are not covered by JR. If you have applied before Nov 2006, you are covered under JR and no new rules are applicable.

[vinny]

Hello All,

I'm looking to apply for FLR(M) as my visa is expiring next week. The sitation is my husband applied for ILR and application is still with UKBA.

I wonder on what basis I should apply or should I wait unless ILR application completed and returned by UKBA?

Please if some one can help me; as I mentioned my VISA is expiring next week.

Many Thanks
Sense

You were told as far back as April that she did not need to do this and was eligible to apply for ILR jointly with you.  Luckily, she can still apply for ILR as it does not have to be exactly at the same time as the migrant worker and on the same form, but it does have to be while her leave is still valid.  Apply now and ask that they process her application in series with yours and citing paragraph 196D(ii) as the basis for this.

196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

You were told as far back as April that she did not need to do this and was eligible to apply for ILR jointly with you.  Luckily, she can still apply for ILR as it does not have to be exactly at the same time as the migrant worker and on the same form, but it does have to be while her leave is still valid.  Apply now and ask that they process her application in series with yours and citing paragraph 196D(ii) as the basis for this.

196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:

(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

I sort of understand what you are saying here, until now I was not clear about such a rule.

The April post you mentioned was saying there exist the failure cases as well and still many post on the forum is saying people just been lucky who are been granted this.

Thanks for the explanation.

To Clarify you meant I should put another ILR application SET(O) or something else and make an note in application referring this section?

[sense]

As indicated by Lucapooka I can still apply for ILR with the under process application of my husband; as covered by HSMP JR.

I wonder if some one can suggest me the procedure for it. Which form to fill and whom to contact at UKBA regarding this

or I already made a mistake and only way is FLR(M) then ILR.

Many Thanks

[fora]

U have made a mistake. As u were advised long ago, u should have applied together in the SET(O)form.
At PEO the some caseworkers need to be persuaded that HSMP JR do not need 2 y of cohab-on. But in postal case they have more time to scrutinise the rules ans the case and grant the ILR to both spouses-according to paragraph 196.
I can not suggest what u must do now,but keep in the mind if u overstay your visa even 1 day , u will get problems with any kind of leave

[sense]

I had a chat with UKBA on phone and they advised me to use SET(O) for me; so they can process it with my spouse main application, although I have to pay full fee.

Before I make more mistakes, can some one please confirm following -

1. Do I need Life in UK or other English test with SET(O) application? I only have ESOL Entry Level I at that the moment which was in line with my initial understanding of FLR(M)

2. Do I need to supply co-heb documents (Utility Bills and others), if so for how much duration?

3. And advice in this regards?

Any quick reply with be highly appreciated as I'm on my last couple of days..

Many Thanks

[gmkarthik]

Hi Sence,

1, No need of Life in UK test or ESOL test for Pre Nov 2006 ( HSMP JR)
2, 2 years rule will not apply for your wife as you are covered by HSMP JR
so no need to provide any Co-Heb Documents
3, DOnt apply under FLR (M) for your wife. I say several case who is pre NOv 2006 HSPM JR got ILR for their 2 dependents, who stayed less than 2 years in UK.

GO through all the post U will get some good idea and confident.

Karthik.

[Son_of_Soil]

Hi
Just to mention on 2 year spouse rule, i received a call back from HO yesterday regarding my wife's ILR with me as she hasnt spent 2 years in uk yet. She joined me in Dec 2010. HO confirmed that SHE DNT NEED TO SPENT 2 YEARS AS I AM (MIAN APPLICANT) IS COVERED BY JR. so dnt stress on thsi point .

regards

I had a chat with UKBA on phone and they advised me to use SET(O) for me; so they can process it with my spouse main application, although I have to pay full fee.

Before I make more mistakes, can some one please confirm following -

1. Do I need Life in UK or other English test with SET(O) application? I only have ESOL Entry Level I at that the moment which was in line with my initial understanding of FLR(M)

2. Do I need to supply co-heb documents (Utility Bills and others), if so for how much duration?

3. And advice in this regards?

Any quick reply with be highly appreciated as I'm on my last couple of days..

Many Thanks

[kdsuk]

I agree with Son_of_soil
I also got an email reply from Settlement policy team

Dear aaa,
Thank you for your email.
I can confirm that dependants of migrants who are covered by the provisions of the HSMP Forum Judicial Review policy document are also covered by the provisions. This means that any dependants are subject to the rules that were in place at the time that the main applicant successfully applied to the HSMP programme, and not to any additional requirements that have been added since that time.

I hope that this information is helpful to you.

Kind regards,

Settlement Operational Policy Team.

[geriatrix]

Glad to see that UKBA is now advising migrants covered by HSMP JR with the correct advice!

To be on the safe side, I would suggest that applicants take (if going to PEO) / include a copy of this email from UKBA in the application (if applying by post) to ensure that some incompetent caseworker doesn't get an opportunity to refuse ILR to any such dependants for such reasons.

I say this because there have been cases in the past where caseworkers have refused dependant's ILR for such stupid reasons and the applicants have had to suffer because of caseworkers' incompetence on the matter.

[fora]

another letter received today,it might be also helpful to HSMPians
Dear xxx,



Thank you for your email. I can confirm that dependants of migrants who are covered by the provisions of the HSMP Forum judicial review policy document are also included in the provisions, regardless of whether they entered the UK as an HSMP or Points-Based System dependant.



This means that the spouse or partner of a person who is covered by the policy document will need to meet the requirements for spouses/partners of HSMP migrants at the time the main applicant made their successful application to join the Highly Skilled Migrants Programme. They will not need to meet any of the requirements which have been put in place since that time.



I hope that this information is helpful to you.



Kind regards,



Rebecca



Settlement Operational Policy Team.

[hsmpJR5ILR]

Fora,

My ILR is due in this November and im going to PEO. I come HSMP JR 5year ILR.

Can you please be able to let me know, to which email id we have to write to get confirmation that in JR cases dependent nee not to have 2years stay. Also I would like to ask you, can you please send me what details need to be written in the email.

Your reply will be greatly appreciated.

Thanks
HSMPJR5ILR

another letter received today,it might be also helpful to HSMPians
Dear xxx,



Thank you for your email. I can confirm that dependants of migrants who are covered by the provisions of the HSMP Forum judicial review policy document are also included in the provisions, regardless of whether they entered the UK as an HSMP or Points-Based System dependant.



This means that the spouse or partner of a person who is covered by the policy document will need to meet the requirements for spouses/partners of HSMP migrants at the time the main applicant made their successful application to join the Highly Skilled Migrants Programme. They will not need to meet any of the requirements which have been put in place since that time.



I hope that this information is helpful to you.



Kind regards,



Rebecca



Settlement Operational Policy Team.

[fora]

SettlementOpsPolicy@homeoffice.gsi.gov.uk
i wrote to them:
Dear Sir /Madam,
Some of your staff members at PEOs are in doubt about spouses of HSMP (now Tier1 General) visa holders covered by Judicial Review Document Policy.
I am Tier1visa holder now, but I am covered by Judicial Review Document Policy because my initial HSMP visa was granted03 November 2006.
My spousedid not complete 2 years of cohabitation.
We were married in 2008 after my extension(my HSMP was re-named as Tier1).
He(my spouse) arrived in the UK in October 2010.
His visa Tier1 Dependant expires the same date as mine(November 2011).
Soon I am going to apply for LIR at PEO.
I am going to include my husband in my SET(O)application.
I would highly appreciate it if you could confirm:
that dependants of migrants who are covered by the provisions of the HSMP Forum Judicial Review policy document are also covered by the provisions and do not need to comply with 2 years cohabitation rule

[hsmpJR5ILR]

SettlementOpsPolicy@homeoffice.gsi.gov.uk
i wrote to them:
Dear Sir /Madam,
Some of your staff members at PEOs are in doubt about spouses of HSMP (now Tier1 General) visa holders covered by Judicial Review Document Policy.
I am Tier1visa holder now, but I am covered by Judicial Review Document Policy because my initial HSMP visa was granted03 November 2006.
My spousedid not complete 2 years of cohabitation.
We were married in 2008 after my extension(my HSMP was re-named as Tier1).
He(my spouse) arrived in the UK in October 2010.
His visa Tier1 Dependant expires the same date as mine(November 2011).
Soon I am going to apply for LIR at PEO.
I am going to include my husband in my SET(O)application.
I would highly appreciate it if you could confirm:
that dependants of migrants who are covered by the provisions of the HSMP Forum Judicial Review policy document are also covered by the provisions and do not need to comply with 2 years cohabitation rule

[Son_of_Soil]

i think the correct email address for such queries should be

UKBApublicenquiries@UKBA.gsi.gov.uk

Fora

I got following reply from the email address you provided.


Thank you for your email. The Settlement Operational Policy team deal with policy related queries and is unable to comment on individual applications.

I have forwarded your email to the UKBA Public Enquiries mailbox (UKBApublicenquiries@UKBA.gsi.gov.uk). If you have any further queries about applying for leave, please contact UKBA Public Enquiries directly.

Kind regards,

Settlement Operational Policy Team.

[fora]

I wrote to both addressed.I received positive responses from both of them.From the address u mention now, I posted their answer earlier:
Thank you for your reply.

Please accept my sincere apologies for the initial misinterpretation of your enquiry.

Please be advised that with regards to the HSMP dependant, under the terms of the HSMP Forum Ltd High Court judgment, although they are technically a PBS dependant this has only occurred because the main applicant was pushed into this type of leave as the result of the 2006 Rules changes. As such they should be treated as a HSMP dependant and and will be eligible to apply for Indefinite Leave to Remain in line with the main applicant rather than being required to complete two years first as is required under the Tier 1 (General) of the Point Based System.

I hope that this information will be of assistance to you.

Yours sincerely ,




Amrit Haria
Immigration Group
UK Border Agency