Applying for ILR with HSMP + Tier 1. HSMP letter lost!!!

glyyde · Post by **glyyde** » Sun Oct 28, 2012 3:46 pm

Dear all,

I hope someone can help me.

I am approaching the 5 years to apply for ILR with HSMP + Tier 1. However, I have tried very hard to locate the approval letter from UKBA for the first 2 years of visa on HSMP to no avail. I do however, managed to find a letter confirming my eligibility to apply for HSMP (back in those days where they check your score before you apply for the visa from UKBA).

Is it a must to have the letter of approval for HSMP? Will I be rejected on the basis of not having the letter? I do have the letter of approval for Tier 1 though.

Thanks for your help in advance.

mrneo · Post by **mrneo** » Sun Oct 28, 2012 4:08 pm

you have your tier 1 extension letter. It mentions all your points you have got on your extn. thats all you need for your extension.

glyyde · Post by **glyyde** » Sun Oct 28, 2012 4:22 pm

tejomon wrote:you have your tier 1 extension letter. It mentions all your points you have got on your extn. thats all you need for your extension.

thanks for your reply. I am applying for settlement rather than extension. Is that alright still?

Post by **geriatrix** » Sun Oct 28, 2012 4:55 pm

You don't need any approval letter (issued to you in the past) to apply for settlement.

glyyde · Post by **glyyde** » Sun Oct 28, 2012 7:44 pm

''For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met
the relevant requirements of the immigration rules.''

So what does it really means when it says the above in 11L?

Post by **geriatrix** » Mon Oct 29, 2012 12:34 am

What does an approval letter prove that a vignette in the passport or a BRP cannot? Without an "approval" a vignette / BRP cannot be issued. Some people fail to recognize that simple fact ... and insist that approval letters are the answer to 11L / 11G.

Also, the approval letter is only a confirmation that the applicant met the relevant immigration rules on the "date of the application", not necessarily for the entire period of stay in the UK preceding or following that application.

The two main immigration requirements under PBS are:
1. Lawful stay of 5 years - the evidence is the leave to enter and remain issued to you in the form of a vignette / BRP , on the basis of which you have been allowed to enter and stay in the UK.
2. Economic activity during these 5 years - for this the most convenient evidence is the P60s issued for the years in question.

glyyde · Post by **glyyde** » Mon Oct 29, 2012 6:21 am

sushdmehta wrote:What does an approval letter prove that a vignette in the passport or a BRP cannot? Without an "approval" a vignette / BRP cannot be issued. Some people fail to recognize that simple fact ... and insist that approval letters are the answer to 11L / 11G.

Also, the approval letter is only a confirmation that the applicant met the relevant immigration rules on the "date of the application", not necessarily for the entire period of stay in the UK preceding or following that application.

The two main immigration requirements under PBS are:
1. Lawful stay of 5 years - the evidence is the leave to enter and remain issued to you in the form of a vignette / BRP , on the basis of which you have been allowed to enter and stay in the UK.
2. Economic activity during these 5 years - for this the most convenient evidence is the P60s issued for the years in question.

Thanks for your reply.

The vignette in the passport does not state what category it is issued under or does it?

Post by **geriatrix** » Mon Oct 29, 2012 1:43 pm

Why don't you check your passport to verify?

glyyde · Post by **glyyde** » Mon Oct 29, 2012 10:00 pm

just check my passport, it definitely does not mention what status the visa is issued for. Just say limited leave to remain and no recourse to public fund.

glyyde · Post by **glyyde** » Mon Oct 29, 2012 10:21 pm

sushdmehta,

I have another question which I thought you might be able to help as well when you come across this thread again.

I was first granted leave as HSMP in 17th December 2007. Extended into Tier 1 in 2009 which expire on 14th December 2012. So I would be 3 days short of the 5 years requirement. Is that going to be a problem or will it be okay? Seeing that I am planning to submit on the first week of December and it will definitely take them way past the 17th December to decide the outcome of the application?

Post by **geriatrix** » Tue Oct 30, 2012 3:31 am

glyyde wrote:just check my passport, it definitely does not mention what status the visa is issued for. Just say limited leave to remain and no recourse to public fund.

That's your Tier 1 (Generaal) extension vignette. What about the vignette issued at the time of HSMP entry clearance?

Anyway, you see the VAF number on the top-right corner of the vignette. That is sufficient for UKBA to check your entire immigration history.

Post by **geriatrix** » Tue Oct 30, 2012 3:32 am

glyyde wrote:I was first granted leave as HSMP in 17th December 2007. Extended into Tier 1 in 2009 which expire on 14th December 2012. So I would be 3 days short of the 5 years requirement. Is that going to be a problem or will it be okay? Seeing that I am planning to submit on the first week of December and it will definitely take them way past the 17th December to decide the outcome of the application?

One can apply any day within the 28 days window preceding the 5th anniversary of date of entry in the UK as a economic migrant. So, no problem.

glyyde · Post by **glyyde** » Tue Oct 30, 2012 6:38 am

sushdmehta wrote:
glyyde wrote:just check my passport, it definitely does not mention what status the visa is issued for. Just say limited leave to remain and no recourse to public fund.
That's your Tier 1 (Generaal) extension vignette. What about the vignette issued at the time of HSMP entry clearance?

Anyway, you see the VAF number on the top-right corner of the vignette. That is sufficient for UKBA to check your entire immigration history.

Neither does the vignette for HSMP state anything. Hopefully the lack of the approval letter does not affect anything. Thanks.

Post by **geriatrix** » Tue Oct 30, 2012 1:25 pm

It will not. Don't worry about it.

vivekmarwah · Post by **vivekmarwah** » Tue Oct 30, 2012 2:15 pm

My situation was exactly the same. HSMP + Tier 1. I took the initial HSMP letter plus Tier 1 letters.

When i went for my ILR appointment at Croydon on 17 Oct, i was not asked for those letters. When i asked the CW if they need these, she stated No as they have all the information in the system.

It seems there system now seem to store all previous issued HomeOffice letters. however, there guidance is not updated to reflect that.

Hope it helps.

glyyde · Post by **glyyde** » Thu Nov 01, 2012 9:08 pm

vivekmarwah wrote:My situation was exactly the same. HSMP + Tier 1. I took the initial HSMP letter plus Tier 1 letters.

When i went for my ILR appointment at Croydon on 17 Oct, i was not asked for those letters. When i asked the CW if they need these, she stated No as they have all the information in the system.

It seems there system now seem to store all previous issued HomeOffice letters. however, there guidance is not updated to reflect that.

Hope it helps.

What documents did you use to satisfy 11L?

Post by **geriatrix** » Thu Nov 01, 2012 11:58 pm

Let me correct myself here (will probably add this to FAQ too).

Had been concentrating on the refuting the suggestions from members who claim that "HSMP / Tier 1 (General) approval letters" are the answer to this question / instruction in SET(O) form, that I never read it carefully myself.

Having done so now, I can say that this does not apply in your case.

The question:

For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.

Now,
1. If you entered UK for the very first time as a PBS migrant (HSMP from Dec 2006 to 2008, or Tier 1 (General) threafter) and are now applying for settlement after completing 5 years of qualifying residential period as a PBS migrant, then the question is not applicable to you - because you were never were granted any other leave before this.
2. Post Nov. 2006 until it was formally termed Tier 1 (General) in 2008, all HSMP migrants who applied for approval during the said period are considered Tier 1 (General) migrants for all purposes including settlement.

glyyde · Post by **glyyde** » Fri Nov 02, 2012 7:26 am

I was in UK before HSMP with postgraduate doctor visa as a UK graduate. Does that means I need to show evidence of eligibility for that visa?

arifahmmed · Post by **arifahmmed** » Sat Nov 03, 2012 10:49 am

glyyde wrote:I was in UK before HSMP with postgraduate doctor visa as a UK graduate. Does that means I need to show evidence of eligibility for that visa?

your qualifying 5 year period starts from your hsmp visa start date. Do not worry for the period before hsmp.

Post by **geriatrix** » Sat Nov 03, 2012 5:09 pm

glyyde wrote:I was in UK before HSMP with postgraduate doctor visa as a UK graduate. Does that means I need to show evidence of eligibility for that visa?

No evidence needed for PFT visa.

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Applying for ILR with HSMP + Tier 1. HSMP letter lost!!!

Applying for ILR with HSMP + Tier 1. HSMP letter lost!!!