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sense wrote:Dear All,
Dear Sir/Madam,
I describe myself as highly skilled migrant who applied to the Highly Skilled Migrant Programme before 7 November 2006Â and came to the UK on the basis of that application. I have a couple of questions regarding the new rule in place for ILR (Settlement) from 06/04/2011.
1. I have a question regarding Section 3 of SET(O) document - which category should I apply for my ILR i.e. Tier 1 (General Migrant) or Highly skilled migrant under the terms of HSMP ILR judicial review policy document.
2. My Wife joined me as a dependent in UK on 26/05/2010, since she haven't completed required time in UK, I'm looking for FLR (M) document for herself.
a. Do she need to go through English Requirement test as it was not the case when she initially entered the UK.
b. When should she submit the FLR(M) document as expiry date on both of our Visa is same.
3. My wife given birth to our daughter on 30/03/2011 in UK, Can you please explain what document should be used for her (She haven't got a passport yet) i.e. Should I include her (my daughter) in SET(O) document or in FLR(M) document or I have to do go through different procedure i,e, applying citizenship for her at later stages.
sense wrote:Hello All,
I'm looking to apply for FLR(M) as my visa is expiring next week. The sitation is my husband applied for ILR and application is still with UKBA.
I wonder on what basis I should apply or should I wait unless ILR application completed and returned by UKBA?
Please if some one can help me; as I mentioned my VISA is expiring next week.
Many Thanks
Sense
Lucapooka wrote:You were told as far back as April that she did not need to do this and was eligible to apply for ILR jointly with you. Â Luckily, she can still apply for ILR as it does not have to be exactly at the same time as the migrant worker and on the same form, but it does have to be while her leave is still valid. Â Apply now and ask that they process her application in series with yours and citing paragraph 196D(ii) as the basis for this.
196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
sense wrote:I sort of understand what you are saying here, until now I was not clear about such a rule.Lucapooka wrote:You were told as far back as April that she did not need to do this and was eligible to apply for ILR jointly with you. Â Luckily, she can still apply for ILR as it does not have to be exactly at the same time as the migrant worker and on the same form, but it does have to be while her leave is still valid. Â Apply now and ask that they process her application in series with yours and citing paragraph 196D(ii) as the basis for this.
196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
The April post you mentioned was saying there exist the failure cases as well and still many post on the forum is saying people just been lucky who are been granted this.
Thanks for the explanation.
To Clarify you meant I should put another ILR application SET(O) or something else and make an note in application referring this section?
sense wrote:I had a chat with UKBA on phone and they advised me to use SET(O) for me; so they can process it with my spouse main application, although I have to pay full fee.
Before I make more mistakes, can some one please confirm following -
1. Do I need Life in UK or other English test with SET(O) application? I only have ESOL Entry Level I at that the moment which was in line with my initial understanding of FLR(M)
2. Do I need to supply co-heb documents (Utility Bills and others), if so for how much duration?
3. And advice in this regards?
Any quick reply with be highly appreciated as I'm on my last couple of days..
Many Thanks
fora wrote:another letter received today,it might be also helpful to HSMPians
Dear xxx,
Thank you for your email. I can confirm that dependants of migrants who are covered by the provisions of the HSMP Forum judicial review policy document are also included in the provisions, regardless of whether they entered the UK as an HSMP or Points-Based System dependant.
This means that the spouse or partner of a person who is covered by the policy document will need to meet the requirements for spouses/partners of HSMP migrants at the time the main applicant made their successful application to join the Highly Skilled Migrants Programme. They will not need to meet any of the requirements which have been put in place since that time.
I hope that this information is helpful to you.
Kind regards,
Rebecca
Settlement Operational Policy Team.
fora wrote:SettlementOpsPolicy@homeoffice.gsi.gov.uk
i wrote to them:
Dear Sir /Madam,
Some of your staff members at PEOs are in doubt about spouses of HSMP (now Tier1 General) visa holders covered by Judicial Review Document Policy.
I am Tier1visa holder now, but I am covered by Judicial Review Document Policy because my initial HSMP visa was granted03 November 2006.
My spousedid not complete 2 years of cohabitation.
We were married in 2008 after my extension(my HSMP was re-named as Tier1).
He(my spouse) arrived in the UK in October 2010.
His visa Tier1 Dependant expires the same date as mine(November 2011).
Soon I am going to apply for LIR at PEO.
I am going to include my husband in my SET(O)application.
I would highly appreciate it if you could confirm:
that dependants of migrants who are covered by the provisions of the HSMP Forum Judicial Review policy document are also covered by the provisions and do not need to comply with 2 years cohabitation rule