ILR Success PEO CROYDON (HSMP Judicial Review)

[tehminamazher]

Dear Forum Members,

First of all I want to thank every one on this forum who answered my queries, boosted my morale when I was completely hopeless and gave me confidence.

Sushdmeta and Amber are not active on the forum but special thanks to them. Their relies have helped me a lot.

I am extremeky thankful to Malik44, who also helped me when no one was replying my queries on the forum.

Brief immigration History
My case falls under HSMP Judicial Review (Need to complete 5 years to qualify for ILR as initial HSMP application was before Novemner 2006)
HSMP VISA STAMP DATE IN PASSPORT = 03-03-2010
UK ENTRY DATE =29-05-2010 I entered UK late but within 90 days
VISA EXPIRY DATE = 29-05-2015

Under the Rules Old HSMP Rules I was not required to fill Section 4 and Section 9 of the SET(O) form

In section 6.1 despite recomendations of senior menbers and searching the old forum posts I have written the date when I got HSMP VISA ie 03-03-2010

I Section 7.11 I have written 4years and 8 months

I applied ILR for me, my wife and my daughter. I have not included my 3.5 years old son who was born in UK.

Today in the Lunar House whole process from registering the case and the document collection took approximately 2 hours.
My case went under condideration for less than 10 minutes and when I received the documents back, It looked to me that case worker has not seen / touched my economic activity documents (52 Salary Slips , 70 Bank Statements, Employers letter, HMRC History)

I have provided cohabitataion for the last two years (again I think that these documents were also returned without being touched)
9 documents in my name
9 socumenst in my spouse name
5 documents in joint names

I have provided photocopies and they have kept all of them.

If someone applying for ILR under HSMP Jucial Review needs any help I will try my best to help as I have got a lot of help from this forum and I still need a lot of help from this foum for MN1 for my son and Naturalization.

Thanks everyone once again.

TM

[NVious]

Hi guys!

Hope someone can assist with my queries. I am applying for an ILR soon and required some clarification.

Here is my scenario:

I arrived here from Australia under a working holiday visa in September 2006 which was valid for 2 years. I then went back to Aus and applied for a HSMP which was granted in October 2006, hence I fall under the judicial review of Pre November 2006 (continuous 5 years to obtain ILR).

I applied for the next extension in October 2008 for further 3 years under Tier 1 (General) still offered under HSMP judgement rules. Unfortunately, in Dec 2008 I had to go back to Aus due to personal circumstances and I was away until July 2010 ( in total about 18 months). I came back end of July then straight away went to Spain for a course for 6 weeks arriving back in September 2010.


I have, since then, been in the UK and have extended my visa two further times which is now valid until September 2017 still under the HSMP judicial review rules. As I broke the 5 year continuous rule I couldn't apply for an ILR in 2011. However, since entering the UK in 2010 I have not had long absences and therefore meet the criteria for 5 year continuous stay from September 2010.

Please can someone clarify the below?

Query 1
Page 13 of section 3 Which Category
Section B (which one should I tick)

Tier 1 (General) the terms of the HSMP forum judicial review policy document

or

-- Highly Skilled migrant under the terms of HSMP ILR judicial review policy document.

Query 2
In section 12, page 66 once we answer 'passport and immigration' documents. 12A is completed by all applicants however given the answer provided above which should be ticked 12G highly skilled migrant or 12H highly skilled migrant under the terms of the HSMP indefinite leave to remain judicial review policy document. If the latter then it states 4 years and there is no comments on 5 years continuous. Will the case worker know this?


Query 3
Given my scenario above for Section 6 'Immigration History' point 6.1 states when did you first Enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which the application is based. If one of the main things to consider when applying for an ILR is that there is continuous stay in the UK for 5 years with only 180 days allowed which date am I able to enter here? I only wish to have my last 5 years to be considered so shall I enter the date in July 2010 when I entered back in the UK or September 2010 when I entered back in UK from Spain or would it be October 2006? If October 2006, then how do explain the absences given it is more than 5 year period?

I have all the absences from the last 5 years listed on a spreadsheet but nothing prior to that.

Query 4
Section 7, point 7.11 then question how long you have lived in the UK? If I am applying for the last 5 years then again shall I enter their period from September 2010? If not should I be using my initial working holiday visa date? August 2004? It asks you to provide any period of absences of more than 6 months during that time. This question is tricky as I cannot state I have been here 11 years as I was away for 18 months of the 11 years.

I appreciate this may be a lot of questions to digest but any help would be appreciated.

Of course, if you are seeking further info, please ask away.

Thank you.

[NVious]

Hi guys!

Hope someone cars assist with my queries. I am applying for an ILR soon and required some clarification.

Here is my scenario:

I arrived here from Australia under a working holiday visa in September 2006 which was valid for 2 years. I then went back to Aus and applied for a HSMP which was granted in October 2006, hence I fall under the judicial review of Pre November 2006 (continuous 5 years to obtain ILR).

I applied for the next extension in October 2008 for further 3 years under Tier 1 (General) still offered under HSMP judgement rules. Unfortunately, in Dec 2008 I had to go back to Aus due to personal circumstances and I was away until July 2010 ( in total about 18 months). I came back end of July then straight away went to Spain for a course for 6 weeks arriving back in September 2010.


I have, since then, been in the UK and have extended my visa two further times which is now valid until 2017 still under the HSMP rules. As I broke the 5 year continuous rule I couldn't apply for an ILR in 2011. However, since entering the UK in 2010 I have not had long absences and therefore meet the criteria for 5 year continuous stay from September 2010.

Please can someone clarify the below?

Query 1
Page 13 of section 3 Which Category
Section B (which one should I tick)

Tier 1 (General) the terms of the HSMP forum judicial review policy document

or

-- Highly Skilled migrant under the terms of HSMP ILR judicial review policy document.

Query 2
In section 12, page 66 once we answer 'passport and immigration' documents. 12A is completed by all applicants however given the answer provided above which should be ticked 12G highly skilled migrant or 12H highly skilled migrant under the terms of the HSMP indefinite leave to remain judicial review policy document. If the latter then it states 4 years and there is no comments on 5 years continuous. Will the case worker know this?


Query 3
Given my scenario above for Section 6 'Immigration History' point 6.1 states when did you first Enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which the application is based. If one of the main things to consider when applying for an ILR is that there is continuous stay in the UK for 5 years with only 180 days allowed which date am I able to enter here? I only wish to have my last 5 years to be considered so shall I enter the date in July 2010 when I entered back in the UK or September 2010 when I entered back in UK from Spain or would it be October 2006? If October 2006, then how do explain the absences given it is more than 5 year period?

I have all the absences from the last 5 years listed on a spreadsheet but nothing prior to that.

Query 4
Section 7, point 7.11 then question how long you have lived in the UK? If I am applying for the last 5 years then again shall I enter their period from September 2010? If not should I be using my initial working holiday visa date? August 2004? It asks you to provide any period of absences of more than 6 months during that time. This question is tricky as I cannot state I have been here 11 years as I was away for 18 months of the 11 years.

I appreciate this may be a lot of questions to digest but any help would be appreciated.

Of course, if you are seeking further info, please reply to the post.

Thank you.