HSMP ILR JR WON - DISCUSSION ONLY FOR HSMPIANS.

mambal06 · Post by **mambal06** » Wed Apr 15, 2009 11:07 pm

All those who got HSMP approval before 03/04/2006 can discuss issues arising out of HSMP Forum's ILR JR win. My sincere request to WP holders, please use other thread to discuss your issues.

motor · Post by **motor** » Thu Apr 16, 2009 2:10 pm

I guess, no much could be discussed till UKBA publish the way it will handle implemention of HSMP ILR JR...

vipul1981 · Post by **vipul1981** » Thu Apr 16, 2009 2:31 pm

will it benefit HSMP holders who orig applied between April 06 and Nov 06?

iyanu · Post by **iyanu** » Thu Apr 16, 2009 3:08 pm

Yes because you will now be sure to have 5 years to apply for ILR!

navnas · Post by **navnas** » Thu Apr 16, 2009 6:49 pm

Hi There,

iam a pre-3April 06 HSMPian and later got married and my dependent has been here in UK snce 1-1/2 year so my question is in the light of the recent JR will she be able to get ILR along me now or ??

will highly appreciate your comments in this regard ...

regards,

iyanu · Post by **iyanu** » Thu Apr 16, 2009 10:58 pm

Navnas wrote

Hi There,

iam a pre-3April 06 HSMPian and later got married and my dependent has been here in UK snce 1-1/2 year so my question is in the light of the recent JR will she be able to get ILR along me now or ??

will highly appreciate your comments in this regard ...

regards,

I suspect that she may be able to apply with you now. According to this HO policy document, check here: paragraph 196E.

Since she is already in the UK when you are applying for ILR, you may be able to apply for her as well paradventure she meets all the requirements of paragraph 196D in the policy document linked above.

I just hope I am not mixing it up

I hope this will help and can other experience members throw more light please?

willnotbackHSMP · Post by **willnotbackHSMP** » Thu Apr 16, 2009 11:15 pm

iyanu wrote:Navnas wrote
Hi There,

iam a pre-3April 06 HSMPian and later got married and my dependent has been here in UK snce 1-1/2 year so my question is in the light of the recent JR will she be able to get ILR along me now or ??

will highly appreciate your comments in this regard ...

regards,
I suspect that she may be able to apply with you now. According to this HO policy document, check here: paragraph 196E.

Since she is already in the UK when you are applying for ILR, you may be able to apply for her as well paradventure she meets all the requirements of paragraph 196D in the policy document linked above.

I just hope I am not mixing it up

I hope this will help and can other experience members throw more light please?

Sofar I know as per present rule any legal partner able to apply for ILR after staying 3 years with his/her counterpart in UK. But (if you think/consider about ILR JR...) it was 2 years time period as on 3 April'06.

navnas · Post by **navnas** » Fri Apr 17, 2009 12:48 am

Thanks Guys for your comments ...

i think the present rule for Tier1 set a minimum 2 years stay but for early HSMPians pre 3 April 06 there wasn't any ...

but any ways iam looking forward for the policy for JR and will be clear then on this ...

del · Post by **del** » Fri Apr 17, 2009 4:33 am

Can someone tell me I will be covered by the judgement please. My approval letter was dated 11/4/06 but I sent it in before 3/4/06(cut off), it is just too close...I hope and pray people like myself will benefit. Can people in si,ilar situation write please.

Afterall we applied based on the pre03/04/06 guideline

iyanu · Post by **iyanu** » Fri Apr 17, 2009 11:21 am

Del,

I presume you have a good case here. Since you applied based on the old rule/policy, that is, before 3rd April 2006, then in my own view, which I think also in HO's you stand a good stead of qualifying for ILR after 4 years.

I believe you will get ILR when HO eventually release a new policy document and SET(O) form and guidelines.

I hope this help?

tech · Post by **tech** » Fri Apr 17, 2009 12:37 pm

"Highly Skilled Migrant Programme prior to 3 April 2006, to withhold
indefinite leave to remain from them by reference to a qualifying period of five (as opposed to four) years continuous residence "

Admitted normally means admitted based on the rules existed prior 3 April 2006.
You should be OK. It is the techinicality that really makes the difference.
But be aware of the fact, when you apply, you should make this fact explicit and supply any communication you have received from HO acknowledging your application, credit card statements to be on the safe side.

del · Post by **del** » Fri Apr 17, 2009 3:08 pm

Thanks a million iyanu & Tech. I hope the ALMIGHTY HOME OFFICE sees it that way. In normal contract the day you posted your cheque is the commencement date. Also, they did not write me back to say the guideline under which I applied has changed if I want to continue.
Anyway fingers crossed as we await their policy implementation guideline.
This might just be the begining of more litigations if it is not COMPREHENSIVELY sorted out.

f2k · Post by **f2k** » Fri Apr 17, 2009 3:35 pm

I think most people will agree that it is the date you applied. As you say you applied based on the latest available guidlines at the that time. by the way did you get 1 year of 2 years for your initial approval

del · Post by **del** » Fri Apr 17, 2009 4:19 pm

I got 1 year first, then I was given 4yrs later.

f2k · Post by **f2k** » Fri Apr 17, 2009 4:34 pm

del wrote:I got 1 year first, then I was given 4yrs later.

I think you can definitely argue that you were under the 'old' rules because i believe later on they started giving 2years for the initial stay based on the later revisions of the rules

iyanu · Post by **iyanu** » Fri Apr 17, 2009 5:19 pm

Del,

You may be able to apply based on the old rules as stated in the UKBA site:
http://www.ukba.homeoffice.gov.uk/partn ... s/#header2, which state:
'...If you were given permission to enter or remain as a partner under the old Immigration Rules (which had a minimum age of eighteen) and you want to apply to settle in the United Kingdom, we will consider your application under the old Rules.'

You may be able to use this to get ILR for your spouse. Though, under the new rule your partner need to have been in the UK for minimum of two years.

So, all the best of luck!

del · Post by **del** » Tue Apr 21, 2009 5:08 pm

Your advice above is for Navnas.
Here is an extension to my question
My account was debited on the 28/3/2006 and my initial approval letter dated 11/4/2008 and I was given 1 year HSMP visa initially.
Is the date my account was debited (28/3/06) enough to prove I applied based on the pre 03/04/2006 guideline?

navnas · Post by **navnas** » Tue Apr 21, 2009 9:07 pm

thanks Iyanu ,

this is really very useful info for me ... i was just wondering what were the old rules in this regard ? was there any time limit of min stay for dependent under the old rules for HSMP or there wasn't any ?

any ways thanks a lot ...

best regards,

f2k · Post by **f2k** » Tue Apr 21, 2009 10:13 pm

There wasnt any time limit, i think the HO now realised this might have a 'loophole' which pple might have exploited and hence have now introduced the minimum 2year requirement

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HSMP ILR JR WON - DISCUSSION ONLY FOR HSMPIANS.

HSMP ILR JR WON - DISCUSSION ONLY FOR HSMPIANS.

4-5 YEARS JR

letter dated 11/4/06 but posted before 3/4/06

advice for navnas