bani wrote:HSMP Forum has helped individual members that have had ILR problems. They have not moved on to bigger issues. But you have to bring up your issue to them, and this has not been an issue at HSMP forum.
The case of UKBA (Visa Services) dictating dependents of HSMP JR protected migrants to apply for EC using VAF10 (instead of VAF2) and pay Tier 1 fees (instead of HSMP dependent fee, which is significantly lower) was raised and highlighted at the HSMP Forum discussion board .. with no response or interest from the management.
From a legal standpoint, VAF10 form is specified for Tier 1 dependents under immigration rules 319A-319K - wherein the residential requirement of 2 yrs. for dependents becomes applicable! But since HSMP JR protected migrants are not Tier 1 migrants and therefore not covered by Tier 1 immigration rules, EC applications by dependents should be made on VAF2 forms and must be accepted by UKBA. But UKBA (Visa Services) forces such dependents to apply for EC using the VAF10 forms and refuses to accept applications on VAF2 with HSMP dependent fee.
Under UK immigration law, dependents of HSMP migrants can qualify for ILR at the same time as the main migrant only if immigration rules 194-196D apply (And this is possible only when the main migrants are covered under immigration rules 135A - 135AH, as HSMP JR confirms). The moment a dependent of HSMP JR protected migrant uses VAF10 to apply for EC, he/she agrees to be treated under immigration rules 319A-319K, thus creating an issue (and room for misinterpretation) on how these dependents are to be treated when it comes to their eligibility for ILR.
IIRC, you are a moderator at their discussion forum. So, you can check with the management there as to why this issue wasn't deemed important enough even though this has affected the HSMP JR protected migrants and their families directly.
Like the OP here who has been advised by UKBA that his wife isn't eligible for ILR as she hasn't completed 2 years in the UK,
another member was advised the same by the srceening clerk at the Croydon PEO and, on basis of that advice, the member decided to withdraw his wife's ILR application that day. I hope you'll apprise the HSMP Forum management of the situation and that they would agree to take this up with UKBA .. for the sake and benefit of the (few remaining) HSMP migrants.
regards
