PEO appointments - after 4 years for HSMP ILR applicants?

[kiwi_in_the_uk]

Prior to winning the judicial review, the PEOs would only let you have an appointment if you have been here 5 years.

Now that the JR has been won, has anyone had any luck at getting an appointment after 4 years - or are the call centre staff not informed enough to know - are they still saying you can't have an appointment until 5 years is up?

[maneeshg]

Home office has still not implemented the judgement, you will have to wait till such time. They have I think 42 days from the date of judgment to implement it.

[kiwi_in_the_uk]

I spent about an hour on the phone yesterday, so can now confirm - they are not taking appointments on the basis of 4 years. They are still saying you have to complete 5 years before they will give you an appointment. Oh well!!

[hsmp_victory]

I spent about an hour on the phone yesterday, so can now confirm - they are not taking appointments on the basis of 4 years. They are still saying you have to complete 5 years before they will give you an appointment. Oh well!!

Hi,

Did you make them aware of the 4-5 yr JR ruling only a month ago as most of these case workers know absolutely nothing about what they are doing but then HO has yet to announce anything on how they are going to deal with this 4 year ruling, so i think we should wait for any details till they come up with something on their website. I am pretty sure they would be pissed off on the outcome on this ruling and will try their best to delay the 4 yr applications.

[kiwi_in_the_uk]

Yes I mentioned the judgment - and the person I spoke to was aware of it.

However he said that until the Home Office issued new guidance, the 5 year rule was still in play and he couldn't take appointments any earlier.

It was clear he didn't have any authority to do anything else, so I didn't bother to argue. He also said to check the UKBA website, and mentioned that it was possible that PEO appointments wouldn't be available for this type of application (though frankly that's just his guess, and it seems fairly unlikely to me).

[tech]

It may be not true and won't work. They can't say If you have completed 5 years of HSMP, you can apply for premium service but 4 years pf HSMP you can't.

To be fair, 4 years HSMP JR ILR application will be lot more straightword compared to the other applications . It will be even more straightword if you are in the 5th year and already obtained an extension after 4 years.

I expect the guidelines to be along these lines.
People who are in 1+3+3 category, will required very minimal paperwork.
since they are already assesed for economic acvitivity when they applied for extension after four years.

Rest of the guys need to prove economic activity after their intial extension
Hope this helps

[kiwi_in_the_uk]

To be honest I can see his point - though in some ways we have simpler criteria, we are also different from the run of the mill - we need to be assessed against different (old) criteria, possibly pay different fees, and have all had different experiences (eg someone who is 1+3+3 vs someone who is 1+4, people who need their ILR backdated, and those who are just coming to it now). Also some of us will have done the LIUK, but others might not (assuming the HO honours that). All in all, additional training might be needed for their caseworkers, and the HO might decide that they don't want their PEO staff having to be trained to that degree.

Though of course, I fervently hope that's not the case - and it would fly in the face of the judgment to deny us PEO appointments.

[Spartac]

With the time the Home Office is taking and may take in implementing requirements of the JR, along with the delay in getting the ILR processed via the PEO, or if disallowed, via post - the JR benefits might become almost irrelevant to most holders of the old HSMP visa, as they would be close to 5 years anyway. I suppose this JR would only be really useful if the Home Office backdates the ILR.

[f2k]

I hope they implement it sooner and also that they do not 'disallow' PEO applications from those affected. the other thing is that it is taking 6 weeks to get an appointment and even then you have to be on the phone first thing in the morning to get an appointment and these are apparantely all gone within minutes. So i hope they can make some 'special' provision for those who are past the 4 year mark to be able to apply for their ILR