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How to confirm if i got Tier 1 under HSMP JR

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Son_of_Soil
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How to confirm if i got Tier 1 under HSMP JR

Post by Son_of_Soil » Tue Mar 22, 2011 12:19 pm

Hi
I was reading my HO documents and was reading a cover letter which i received when i applied for Tier 1 after having HSMP for two year. I had HSMP with 65 points.Nowhere on Tier 1 cover letter it says HSMP Jr.I got my HSMP approval letter dated on 15 nov 2006.

so how can i confirm that i got Tier 1 under HSMP Jr?I need to apply for ILR
confused

Thanks

xyz123
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Re: How to confirm if i got Tier 1 under HSMP JR

Post by xyz123 » Tue Mar 22, 2011 12:23 pm

Son_of_Soil wrote:Hi
I was reading my HO documents and was reading a cover letter which i received when i applied for Tier 1 after having HSMP for two year. I had HSMP with 65 points.Nowhere on Tier 1 cover letter it says HSMP Jr.I got my HSMP approval letter dated on 15 nov 2006.

so how can i confirm that i got Tier 1 under HSMP Jr?I need to apply for ILR
confused

Thanks
i would have thought that original HSMP letter should be sufficient.

Son_of_Soil
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Re: How to confirm if i got Tier 1 under HSMP JR

Post by Son_of_Soil » Tue Mar 22, 2011 1:17 pm

Thanks
Even thou date of original letter is 15th nov 2006? rules were changed on 7th nov 2006 but applied in october 2006.


xyz123 wrote:
Son_of_Soil wrote:Hi
I was reading my HO documents and was reading a cover letter which i received when i applied for Tier 1 after having HSMP for two year. I had HSMP with 65 points.Nowhere on Tier 1 cover letter it says HSMP Jr.I got my HSMP approval letter dated on 15 nov 2006.

so how can i confirm that i got Tier 1 under HSMP Jr?I need to apply for ILR
confused

Thanks
i would have thought that original HSMP letter should be sufficient.

bani
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Re: How to confirm if i got Tier 1 under HSMP JR

Post by bani » Tue Mar 22, 2011 1:36 pm

Do you still have your acknowledgment letter? If that is dated before 7 Nov, then you are covered by JR. When did you apply?
Son_of_Soil wrote:Thanks
Even thou date of original letter is 15th nov 2006? rules were changed on 7th nov 2006 but applied in october 2006.


xyz123 wrote:
Son_of_Soil wrote:Hi
I was reading my HO documents and was reading a cover letter which i received when i applied for Tier 1 after having HSMP for two year. I had HSMP with 65 points.Nowhere on Tier 1 cover letter it says HSMP Jr.I got my HSMP approval letter dated on 15 nov 2006.

so how can i confirm that i got Tier 1 under HSMP Jr?I need to apply for ILR
confused

Thanks
i would have thought that original HSMP letter should be sufficient.

geriatrix
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Post by geriatrix » Tue Mar 22, 2011 1:46 pm

You don't need to prove anything .. as your application and immigration history will be available on the UKBA system(s).

If you want to mitigate any risk whatsoever (if you believe one exists), just take / send a copy your HSMP approval letter, depending on whether you wish to apply in person or by post. Nothing else needed (approval letter shows eligibility against 65 points, which is more than enough to prove that you applied for HSMP before 07-Nov-06).
Life isn't fair, but you can be!

Son_of_Soil
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Re: How to confirm if i got Tier 1 under HSMP JR

Post by Son_of_Soil » Tue Mar 22, 2011 2:33 pm

Yes i still have the HSMP latter which dated on 15 nov 2006.its says that my application has been approved under the 65 points requirement.I applied in october 2006
bani wrote:Do you still have your acknowledgment letter? If that is dated before 7 Nov, then you are covered by JR. When did you apply?
Son_of_Soil wrote:Thanks
Even thou date of original letter is 15th nov 2006? rules were changed on 7th nov 2006 but applied in october 2006.


xyz123 wrote:
Son_of_Soil wrote:Hi
I was reading my HO documents and was reading a cover letter which i received when i applied for Tier 1 after having HSMP for two year. I had HSMP with 65 points.Nowhere on Tier 1 cover letter it says HSMP Jr.I got my HSMP approval letter dated on 15 nov 2006.

so how can i confirm that i got Tier 1 under HSMP Jr?I need to apply for ILR
confused

Thanks
i would have thought that original HSMP letter should be sufficient.

Son_of_Soil
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United Kingdom

Post by Son_of_Soil » Tue Mar 22, 2011 2:38 pm

Thanks sushdmehta
my 1st visa HSMP , i applied in oct 2006 and approval letter is dated on 15th nov 2006.and when i applied for extention in 2008, the covering letter do not say that my application has been dealt under HSMP JR and that what confusing me.
just to confirm :who is ACTUALLY under HSMP JR, rules were changed after 7th nov 2006, so if an approval letter is received after this date, he/she will not be covered by HSMP JR even if you appied before 7th NOve 2006? correct me if i am wrong?
Thanks

sushdmehta wrote:You don't need to prove anything .. as your application and immigration history will be available on the UKBA system(s).

If you want to mitigate any risk whatsoever (if you believe one exists), just take / send a copy your HSMP approval letter, depending on whether you wish to apply in person or by post. Nothing else needed (approval letter shows eligibility against 65 points, which is more than enough to prove that you applied for HSMP before 07-Nov-06).

bani
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Post by bani » Tue Mar 22, 2011 4:35 pm

The JR applies to those who applied to the HSMP before 7 Nov 2006. So what counts is your application date, not your approval date.

I'm not sure why your extension letter did not mention the JR, because mine did in Oct 2008.
Son_of_Soil wrote:Thanks sushdmehta
my 1st visa HSMP , i applied in oct 2006 and approval letter is dated on 15th nov 2006.and when i applied for extention in 2008, the covering letter do not say that my application has been dealt under HSMP JR and that what confusing me.
just to confirm :who is ACTUALLY under HSMP JR, rules were changed after 7th nov 2006, so if an approval letter is received after this date, he/she will not be covered by HSMP JR even if you appied before 7th NOve 2006? correct me if i am wrong?
Thanks

sushdmehta wrote:You don't need to prove anything .. as your application and immigration history will be available on the UKBA system(s).

If you want to mitigate any risk whatsoever (if you believe one exists), just take / send a copy your HSMP approval letter, depending on whether you wish to apply in person or by post. Nothing else needed (approval letter shows eligibility against 65 points, which is more than enough to prove that you applied for HSMP before 07-Nov-06).

Son_of_Soil
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Post by Son_of_Soil » Tue Mar 22, 2011 10:07 pm

Hello bani,
Does your letter say HSMP JR or say that application was considered under rules in place in 2006?
bani wrote:The JR applies to those who applied to the HSMP before 7 Nov 2006. So what counts is your application date, not your approval date.

I'm not sure why your extension letter did not mention the JR, because mine did in Oct 2008.
Son_of_Soil wrote:Thanks sushdmehta
my 1st visa HSMP , i applied in oct 2006 and approval letter is dated on 15th nov 2006.and when i applied for extention in 2008, the covering letter do not say that my application has been dealt under HSMP JR and that what confusing me.
just to confirm :who is ACTUALLY under HSMP JR, rules were changed after 7th nov 2006, so if an approval letter is received after this date, he/she will not be covered by HSMP JR even if you appied before 7th NOve 2006? correct me if i am wrong?
Thanks

sushdmehta wrote:You don't need to prove anything .. as your application and immigration history will be available on the UKBA system(s).

If you want to mitigate any risk whatsoever (if you believe one exists), just take / send a copy your HSMP approval letter, depending on whether you wish to apply in person or by post. Nothing else needed (approval letter shows eligibility against 65 points, which is more than enough to prove that you applied for HSMP before 07-Nov-06).

bani
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Post by bani » Tue Mar 22, 2011 10:32 pm

The letter said my application for extension was considered under the terms of the hsmp judicial review.

But this doesn't matter. You are covered by JR. If applying in person, i would still bring unequivocal proof that you applied before 7 nov 2006 if I were you + ukba printouts about the ILR JR. I know it's not needed _normally_ but we've all heard of uninformed caseworkers & computers being down at PEO. It happens.

Son_of_Soil
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Post by Son_of_Soil » Wed Mar 23, 2011 8:53 am

Thanks Bani
I dnt have any other proof of applying before 7th nov.but my visa befoer HSMP was valid till 10 October 2006, and i am sure i applied before my leave was expired. do you think this will help?

Tier 1 cover letter does talk about rules between april 2006 and 7th nov 2006, however it dsnt say wether i was covered or not.

Thanks
bani wrote:The letter said my application for extension was considered under the terms of the hsmp judicial review.

But this doesn't matter. You are covered by JR. If applying in person, i would still bring unequivocal proof that you applied before 7 nov 2006 if I were you + ukba printouts about the ILR JR. I know it's not needed _normally_ but we've all heard of uninformed caseworkers & computers being down at PEO. It happens.

bani
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Post by bani » Thu Mar 24, 2011 8:14 pm

Son_of_Soil wrote: Tier 1 cover letter does talk about rules between april 2006 and 7th nov 2006, however it dsnt say wether i was covered or not.

Thanks
Could you post the sentence or paragraph referring to this from your letter?

Son_of_Soil
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Post by Son_of_Soil » Sat Apr 16, 2011 11:06 am

Hi Bani
Sorry about the late reply.

the exact wording on the letter is as follows:

Your application has been considered in the light of the High Court Judgement of 8th april 2008 regarding the changes made to HSMP in dec 2006.Under the finding of this ruling ,migrant whose initial application under HSMP was made on or before 6th november 2006 will have their application for an extension of thier stay assessed agianst the exyension critieria that was in place before 5th dec 2006.

Your application has now been considered under that criteria and has been approved for a period of 3 yrs .This will be sufficient to take you to the current qualifing threshold 2006.

Under the current immigration rules migrant are eligible to apply for ILR at completion of 5 yrs as a participant of HSMP/Tier1.Please note that whilest the current threshold for settlement is five years, this is subject to change and you will be reuired to complete the period for ILR specified in the rules at the time you submit your ILR application.

Thanks

SO bani, as you can see, there is no mention of JR in the letter i received when i extended my HSMP to TIER 1 in 2008.What also worries and confuses me is the line highlighted in bold.

Moderators
please advise me ,based on the above letter, do you think i am covered by HSMP PRE NOV 2006 JR.

appreciate your advises
Thanks






bani wrote:
Son_of_Soil wrote: Tier 1 cover letter does talk about rules between april 2006 and 7th nov 2006, however it dsnt say wether i was covered or not.

Thanks
Could you post the sentence or paragraph referring to this from your letter?

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Post by bani » Sat Apr 16, 2011 11:19 am

Hi,

That letter said "in the light of the High Court Judgement of 8th april 2008", which is exactly the Judicial Review. They just used different words, but that is when the JR was won in the High Court. So you are covered by the JR.

So no worries, no need for other evidence. You should include that letter in your ILR application.

Good luck!

Son_of_Soil
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Post by Son_of_Soil » Sat Apr 16, 2011 12:30 pm

hi Bani

thanks for confirming that. keeping everything crossed til i get this out of way.

thanks

bani wrote:Hi,

That letter said "in the light of the High Court Judgement of 8th april 2008", which is exactly the Judicial Review. They just used different words, but that is when the JR was won in the High Court. So you are covered by the JR.

So no worries, no need for other evidence. You should include that letter in your ILR application.

Good luck!

bani
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Post by bani » Sat Apr 16, 2011 12:48 pm

Btw, disregard this sentence you had in bold in your letter. That issue has been dealt with in the HSMP ILR Judicial Review of 2009. So you are eligible for ILR after 5 years.
Son_of_Soil wrote:Please note that whilest the current threshold for settlement is five years, this is subject to change and you will be reuired to complete the period for ILR specified in the rules at the time you submit your ILR application.
Good luck.

Son_of_Soil
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Post by Son_of_Soil » Sat Apr 16, 2011 4:08 pm

Thanxs bani

Can we advise me how the dependent will benefit from this?

My wife joined me in decemeber 2010, n her leave expires at the same time as mine ! I was searching the JR document regarding dependents but can't see anything regarding depenedents! Can she apply fir ILR with me or will she get an extension?
Thanks a lot



bani wrote:Btw, disregard this sentence you had in bold in your letter. That issue has been dealt with in the HSMP ILR Judicial Review of 2009. So you are eligible for ILR after 5 years.
Son_of_Soil wrote:Please note that whilest the current threshold for settlement is five years, this is subject to change and you will be reuired to complete the period for ILR specified in the rules at the time you submit your ILR application.
Good luck.

khalidmirza
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Post by khalidmirza » Sat Apr 16, 2011 4:16 pm

Son_of_Soil wrote:Hi Bani
Sorry about the late reply.

the exact wording on the letter is as follows:

Your application has been considered in the light of the High Court Judgement of 8th april 2008 regarding the changes made to HSMP in dec 2006.Under the finding of this ruling ,migrant whose initial application under HSMP was made on or before 6th november 2006 will have their application for an extension of thier stay assessed agianst the exyension critieria that was in place before 5th dec 2006.

Your application has now been considered under that criteria and has been approved for a period of 3 yrs .This will be sufficient to take you to the current qualifing threshold 2006.

Under the current immigration rules migrant are eligible to apply for ILR at completion of 5 yrs as a participant of HSMP/Tier1.Please note that whilest the current threshold for settlement is five years, this is subject to change and you will be reuired to complete the period for ILR specified in the rules at the time you submit your ILR application.

Thanks

SO bani, as you can see, there is no mention of JR in the letter i received when i extended my HSMP to TIER 1 in 2008.What also worries and confuses me is the line highlighted in bold.

Moderators
please advise me ,based on the above letter, do you think i am covered by HSMP PRE NOV 2006 JR.

appreciate your advises
Thanks






bani wrote:
Son_of_Soil wrote: Tier 1 cover letter does talk about rules between april 2006 and 7th nov 2006, however it dsnt say wether i was covered or not.

Thanks
Could you post the sentence or paragraph referring to this from your letter?
Last edited by khalidmirza on Sat Apr 16, 2011 4:27 pm, edited 1 time in total.

gidoc
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Post by gidoc » Sat Apr 16, 2011 4:19 pm

The document says clearly that the dependents follow the status of the ' main applicant'.
best wishes

sunny1407
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Post by sunny1407 » Mon Apr 18, 2011 3:24 am

Son_of_Soil wrote:hi Bani

thanks for confirming that. keeping everything crossed til i get this out of way.

thanks

bani wrote:Hi,

That letter said "in the light of the High Court Judgement of 8th april 2008", which is exactly the Judicial Review. They just used different words, but that is when the JR was won in the High Court. So you are covered by the JR.

So no worries, no need for other evidence. You should include that letter in your ILR application.

Good luck!
Good Luck

Can't believe that you are still in doubt and still panicking even when you have all the letters.
Seriously you need to cool down. Everytime I see your post my heart starts pounding faster!

Son_of_Soil
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Post by Son_of_Soil » Mon Apr 18, 2011 11:42 am

Sunny

You should know bout UKBA by now that they can change rules at time. Its better to clear any doubts by asking people about thier opinion. and this is what this forum is al about.


if your heart stats pounding faster by reading my post, i cant help it.


Cheers

sunny1407 wrote:
Son_of_Soil wrote:hi Bani

thanks for confirming that. keeping everything crossed til i get this out of way.

thanks

bani wrote:Hi,

That letter said "in the light of the High Court Judgement of 8th april 2008", which is exactly the Judicial Review. They just used different words, but that is when the JR was won in the High Court. So you are covered by the JR.

So no worries, no need for other evidence. You should include that letter in your ILR application.

Good luck!
Good Luck

Can't believe that you are still in doubt and still panicking even when you have all the letters.
Seriously you need to cool down. Everytime I see your post my heart starts pounding faster!

Son_of_Soil
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Post by Son_of_Soil » Wed Apr 27, 2011 8:43 am

Hello

I rang HO yesterday again regarding my concerns about my wife's ILR. I have been getting mixed resposes from members of this site and HO staff. I was advised by members of this site that if i fall under HSMP JR , my wife can apply for ILR at the same time as me in nov 2011. HO yesterday told me that she will have to spend 2 years in order to apply for ILR. I was going through the JR policy document with HO staff yesterday , according to them , JR is applicable to main applicants only.when it comes to dependents, they still need to spend 2 years ,however they are exempt from the LIUK test etc.

I would request senior members to clarify this .
Thanks
gidoc wrote:The document says clearly that the dependents follow the status of the ' main applicant'.
best wishes

Son_of_Soil
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Post by Son_of_Soil » Thu Apr 28, 2011 2:23 pm

any advise ?

Bhutta144
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Post by Bhutta144 » Thu Apr 28, 2011 4:31 pm

Son_of_Soil wrote:any advise ?
Hi

check this link on UKBA website

http://www.ukba.homeoffice.gov.uk/worki ... er-remain/#

right at the bottom you can see the FAQ answered for dependent.
I hope this should be sufficient for you.

Best Regards

Bhutta

Son_of_Soil
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Post by Son_of_Soil » Thu Apr 28, 2011 9:13 pm

Hi
Thanks for reply. i already knew this and i find it very confusing. So i rang HO, i read the same sentense to him, and even he couldnt give me an explanation of this. He then put me on hold and went to speak to senior when he came back , he said dependent have to spend two years even if the main applicant is under JR. Judicial Review is basically for the main applicant(according to HO staff).

i am requesting seniors to confirm this as this is very important for some of us .

Thanks
Bhutta144 wrote:
Son_of_Soil wrote:any advise ?
Hi

check this link on UKBA website

http://www.ukba.homeoffice.gov.uk/worki ... er-remain/#

right at the bottom you can see the FAQ answered for dependent.
I hope this should be sufficient for you.

Best Regards

Bhutta

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