High Court Ruling for HSMP holders applying for Settlement

[psridh]

Hello Friends,

I'm writing to you for some advice regarding the UK High Court judgement against HO to increase the duration of stay from 4 to 5 years.

http://www.hsmpforumltd.com/hsmpjr2pr.html

My Background:
I applied for HSMP Visa in Nov 2005 and got the approval on 22nd Decemeber 2005. I was granted permission to enter and work in the UK (entry clearance) on the 3rd March 2006.

Problem is even though I got my visa stamped in Mar2006 I entered UK only in June 2006, and towards the end of the first year received a further leave to remain until March 2011.

Can any one please advice me if under the high court ruling, will i be eligible to apply for PR status towards the end of my 4th year which falls on 19th July 2010 because on the UK home office website it clearly states the ruling applies to hsmp visa holders who applied before 3 April 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter.

Does this mean i should've entered the UK before 3rd April 2006 to be eligible to apply for PR towards the end of the 4th year ?

Any help or advice will be much appreciated. thanks

Regards
prav

[geriatrix]

If HSMP application was made before 03-Apr-06, ILR qualifying period would be 4 years. And if HSMP application was made after 03-Apr-06, ILR qualifying period would be 5 years. Date of visa (EC) issuance or date of UK entry doesn't affect the qualifying period applicable.

In your case the qualifying period is 4 years (HSMP approval in December 2005) and since you entered UK in June 2006, you should be able to apply for ILR in June 2010 (that's when you complete 4 years' residency).

Hope this helps.


regards

[psridh]

Dear Sush,

Many many thanks for your prompt response, its such a huge relief to know that i can apply for ILR in the next few months. Until 2 days ago I was under the impression that my ILR appln is due only next year. So I really appreciate this response. I tried posting my query on the UKBA site and there response sounded more like chinese.

Also it would be a great help if you can kindly advice me on one more query

My wife is to apply for dependent visa next month and is due to join me in March this year. She's a dr by profession and hoping to get into a doctor-in-training position after gaining GMC regn. But everywhere i checked it says this is not possible, except for one document which reads - MMC Policy IMG Guidance Addendum - it says this purely depends on the endorsement at the time of visa stamping.

Am I correct in assuming that if i get settlement in the UK, my wife will be able to apply for a doctor in training position. Many thanks for your response once again and hoping to hear from you soon.

Regards
Prav

[geriatrix]

I don't think Tier-1 dependents can get into training posts in the NHS. I know what's must be in your mind right now - "but I came to UK under HSMP rules, so this restriction should not be applicable to my dependent" - well, you are right (read this). But the catch here is that you must make sure you present your case accurately so that UKBA doesn't fix the wrong restriction on your wife's visa!! Not saying that they WILL do the wrong thing but what if they do?? The caseworkers are not trained to handle complicated cases and a small mistake could lead you and your wife to end up wasting time, money and effort chasing them - which is not going to be easy for her chasing BHC through VFS in India.

Not sure if your wife could wait for some months, but I would suggest that you wait for your ILR to come through and then your wife should make an applicaton to join you as a dependent of a "settled" person. Then she will have no problems in applying for training posts in the NHS.

Also, if your wife were to join you in UK in March on Tier 1 / HSMP visa I am not sure that when you get your ILR your wife will be allowed to switch to spouse / dependent of a "settled" person category from within the UK. If not, she will have to return to India and maka a new application .... money on travel, application fees yet again, time, effort ..... ..!!

Only you both can decide whether it is worth all the (potential) trouble! Or if it is sensible to wait for a few more months!!

Has she cleared her PLAB2 exam? If not, she could come on a PLAB visa, prepare for PLAB2 and sit for the exam in UK ... and then, once your ILR is through, she can go back to India for 6-8 weeks and apply for dependent visa (of settled person) then!


regards

[psridh]

Many thanks for your response once again Sush, thats great news, it just took another hurdle out of the way. However I'm now in a bit of dilemma that i cant decide whats the best option available. What would your recommendation be?

As much as I'd like to take your advice on delaying my wife's dependent visa process until I switch to ILR, I'm also in strong pursuit of any avenues available out there that'll help me bring her into UK, coz erm ..she's still my fiance .. until next month wen we're due to get married. Do you think i can bring her on visitors visa - do you think its an option worth considering, if not I'd be more than interested to know what other options i have.

As you'd mentioned I'm now fully aware of the hassles attached with the process in the event of bringing my wife in March this year and then having to switch visa status. And who knows if I should run out of luck, it may well turn into a nightmare as well. Another piece of information i received from recently is that HO has stopped considering PLAB visas, so I think visitor visa option is the way to go about it. But in your last reply you said once i recieve my ILR, my wife can go back to India for 6-8 weeks, is it mandatory for her to stay back in India, or were you referring to the visa processing time.

Lastly I'd greatly appreciate if you could recommend an Immigration Solicitor/Agency for any additional queries that I may have as i dont want to burden you with more questions. And many thanks for your help


Regards
Prav

[geriatrix]

If your wife is yet to take the PLAB2 exam and if you decide that she should (as an interim option) take this route to join you in UK immediately / soon after your wedding, then she can apply for a Business Visitor - (PLAB) visa. The advantage this offers over a normal "tourist visa" is that she will be able to sit for the PLAB exam in UK if she enters UK on a Business Visitor - PLAB visa whereas a "tourist visa" might not allow this anymore. This said, I am not sure if the Business Visitor - PLAB visa is issued for 6 months or a shorter duration .. but you could check this with VFS.

Be aware that your wife will not be allowed to change her visa satus from within UK if she enters UK on any sort of "visitor" visa. E.g.- changing from visitor to dependent of Tier 1 or settled person. She will have to return to India to make a fresh application for EC under the new category. The 6-8 weeks timeline I mentioned in my last post was in the context of processing time (I am not aware of current processing times).

No idea of Immigration Solicitors / Consultants, so cannot recommend anyone.

If I were you, the following is what I would do:
1. If PLAB2 is yet to be taken, my first preference would be for the partner to enter UK on Business Visitor - PLAB visa. Two advantages - partner can enter UK immediately / soon after the wedding (prevents social frowning too!) and also use the visit to pass PLAB2 (a mandatory step for IMGs to work as a medical professional in UK). The only concern here, as I mentioned earlier, is the duration of this visa.
2. My second preference would be to wait for the ILR to come through and then make an application for partner as dependent of a "settled" person.
3. Apply for a " tourism visitor" visa to enable partner to enter UK immediately / soon after the wedding and then return to India to apply for dependent of settled status when the ILR comes through.
4. I would be least interested in applying for a dependent of HSMP / Tier 1 holder now and then applying for a dependent of settled person later. My primary reason (and personal) for not following this route is that one small error by BHC/UKBA could lead to huge problems!

Please be advised that the above are my personal preferences. The course of action you decide to take will depend on your (and your partner's) personal preferences and circumstances.

Hope this helps.


regards

[lanr3e]

Dear Sush,
I tried posting my query on the UKBA site and there response sounded more like chinese.
A

...what is wrong with the chinese language?

[geriatrix]

Requirements for leave to enter the United Kingdom to take the PLAB Test
Read paragraphs 75A to 75F of the immigration rules. Please note that extension for this visa can be applied for from within the UK (e.g. - failed first attempt and need to re-sit exam) and one can extend his / her stay for upto upto 18 months of total stay, if required (75D(v)).

regards

[geriatrix]

Another piece of information i received from recently is that HO has stopped considering PLAB visas, so I think visitor visa option is the way to go about it.

Correct -

This category has now closed. If you want to come to the United Kingdom to take the performance and linguistic assessments board (PLAB) test as an overseas qualified doctor, you should apply as a Business visitor.

Read 2nd point under Business Visitors -> Others who are business visitors. I think you need the VAF1C form and not the VAF2 form as suggested under Business Visistor - PLAB. Best to check with VFS.

regards

[geriatrix]

...what is wrong with the chinese language?

Unlike Engish, if you cannot read chinese you cannot understand it.

[psridh]

Dear Sush,

Thanks again. Me and my fiancée have agreed that we'll go for the visitor visa option for now and then later after I get my ILR apply for dependency. I've explained her the whole situation and she's happy to go ahead with what we'd discussed, all thanks to you.

Any tips or advice you can give for improving the chance to get a visa approval will be appreciated. Thanks a lot for your help

I'd earlier booked a dependent visa appointment with the VFS in India, which I hope is fine if its changed to a Visitor Visa appointment.

Regards
Prav