After April, 2006 but before Nov, 2006.

[sunny1407]

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]

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]

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]

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

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]

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]

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]

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

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]

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]

I have selected HSMP JR in SET(O) form

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]

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.

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]

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]

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..

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]

<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]

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]

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]

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

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]

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]

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]

Nice one. Thanks for the clarification. much appreciated.

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]

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

[geekhatri]

hi guys,
I have seen the new version of SET(O) form - version 05/2011.

They add one more category under SECTION 3 (section B) - Tier 1 (General) migrant applying under the terms of the HSMP Forum Judicial Review Policy Document.

I don't know now, should I select the above option or HSMP under the terms of HSMP ILR Judicial review policy document.

Any suggestion plz, as I am 2+3 category (may, 2006), and as we know we were HSMP and further they put Tier 1 general, while extending our visa...

Also under section 10 in the new version - should i select 10G or 10L.

guys, i am sending the form through post, so i won't be face to face with HO guys to challenge them and don't want that they return my form.

Please guys, need help...specially from administrators...
thanks.

[salina02]

hi guys,
I have seen the new version of SET(O) form - version 05/2011.

They add one more category under SECTION 3 (section B) - Tier 1 (General) migrant applying under the terms of the HSMP Forum Judicial Review Policy Document.

I don't know now, should I select the above option or HSMP under the terms of HSMP ILR Judicial review policy document.

Any suggestion plz, as I am 2+3 category (may, 2006), and as we know we were HSMP and further they put Tier 1 general, while extending our visa...

Also under section 10 in the new version - should i select 10G or 10L.

guys, i am sending the form through post, so i won't be face to face with HO guys to challenge them and don't want that they return my form.

Please guys, need help...specially from administrators...
thanks.

I too in the same boat i am going for options

Section 3
HSMP under the terms of HSMP ILR Judicial review policy document

section10 - 10g

Please guys let us know if we are on the right path.

[khalidmirza]

Hi Guys

I am surprised UKBA removes one confusion and creates another confusion at the same time. The change in form to include the migrants between 3rd Apr 2006 to 7th Nov 2006 (to remove confusion in the Guidance) has created another one. They have not changed guidance either. Now the test of language and life in uk (which is not to be done by pre Nov 2006 applicants) has created confusion. If you mark hsmp under hsmp forum JR , it does not say either in the form or in guidance that you are exempted from KOL test. Basically they should clarify this in guidance and include this category in the exemption list for KOL. It is really confusing.

hi guys,
I have seen the new version of SET(O) form - version 05/2011.

They add one more category under SECTION 3 (section B) - Tier 1 (General) migrant applying under the terms of the HSMP Forum Judicial Review Policy Document.

I don't know now, should I select the above option or HSMP under the terms of HSMP ILR Judicial review policy document.

Any suggestion plz, as I am 2+3 category (may, 2006), and as we know we were HSMP and further they put Tier 1 general, while extending our visa...

Also under section 10 in the new version - should i select 10G and 10L

guys, i am sending the form through post, so i won't be face to face with HO guys to challenge them and don't want that they return my form.

Please guys, need help...specially from administrators...
thanks.

[salina02]

hi guys,
I have seen the new version of SET(O) form - version 05/2011.

They add one more category under SECTION 3 (section B) - Tier 1 (General) migrant applying under the terms of the HSMP Forum Judicial Review Policy Document.

I don't know now, should I select the above option or HSMP under the terms of HSMP ILR Judicial review policy document.

Any suggestion plz, as I am 2+3 category (may, 2006), and as we know we were HSMP and further they put Tier 1 general, while extending our visa...

Also under section 10 in the new version - should i select 10G or 10L.

guys, i am sending the form through post, so i won't be face to face with HO guys to challenge them and don't want that they return my form.

Please guys, need help...specially from administrators...
thanks.

I too in the same boat i am going for options

Section 3
HSMP under the terms of HSMP ILR Judicial review policy document

section10 - 10g

Please guys let us know if we are on the right path.

I hope we got it clear at this stage now

[geekhatri]

hi guys,
I have seen the new version of SET(O) form - version 05/2011.

They add one more category under SECTION 3 (section B) - Tier 1 (General) migrant applying under the terms of the HSMP Forum Judicial Review Policy Document.

I don't know now, should I select the above option or HSMP under the terms of HSMP ILR Judicial review policy document.

Any suggestion plz, as I am 2+3 category (may, 2006), and as we know we were HSMP and further they put Tier 1 general, while extending our visa...

Also under section 10 in the new version - should i select 10G or 10L.

guys, i am sending the form through post, so i won't be face to face with HO guys to challenge them and don't want that they return my form.

Please guys, need help...specially from administrators...
thanks.

I too in the same boat i am going for options

Section 3
HSMP under the terms of HSMP ILR Judicial review policy document

section10 - 10g

Please guys let us know if we are on the right path.

I hope we got it clear at this stage now

yeah i think,u r right, we still have to stick with the same options..