New Version of SET(O) Form 5/11 Effective after 20 May 2011

[khalidmirza]

A new category in section 3 B for Tier 1 (general) for HSMP forum JR policy document is included. What it mean and what category it applies. Pre Nov 2006 are already covered under HSMP ILR Jr of 2009. Please help

[gidoc]

Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Tier 1 currently, have had HSMP before

Highly skilled migrant under the terms of HSMP ILR judicial review policy document

Have had HSMP only

[salina02]

Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Tier 1 currently, have had HSMP before

Highly skilled migrant under the terms of HSMP ILR judicial review policy document

Have had HSMP only

Hi Gidoc, I come under pre nov 2006, In 2008 i moved to tier 1 so which will be applicable to me in section 3

[geekhatri]

Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Tier 1 currently, have had HSMP before

Highly skilled migrant under the terms of HSMP ILR judicial review policy document

Have had HSMP only

Hi Gidoc,
I think we understand that but then what we are going to select under section 10?
And if select 10 L ---they are asking for points calculation???

[gidoc]

I agree this is confusing and UKBA have added this- 10L- category without any extra guidance.

section 9 - you are not Tier 1 but were stamped as Tier 1 as HSMP had stopped.

Skip section 9

SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT
Applicants who are applying for indefinite leave to remain in the following categories are required to com- plete this section;
• Tier 1 (General) (excluding applicants applying under the terms of the HSMP Forum Judicial Review Policy Document

Go to section 10 next
For 5 yr stay , ie HSMP before Nov 2006 but after Apr 2006

10 G Highly skilled migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK under the Highly Skilled Migrant Programme (HSMP) and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following:

For 4 yr stay use this ie HSMP before April 2006

10 H Highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy docu- ment If you are applying for indefinite leave to remain on completing 4 years’ continuous stay in the UK under the Highly Skilled Migrant Programme and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following

Do not use 10L: This is perhaps for those who have had HSMP at some time but not directly before their current Tier 1 visa

[geekhatri]

I agree this is confusing and UKBA have added this- 10L- category without any extra guidance.

section 9 - you are not Tier 1 but were stamped as Tier 1 as HSMP had stopped.

Skip section 9

SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT
Applicants who are applying for indefinite leave to remain in the following categories are required to com- plete this section;
• Tier 1 (General) (excluding applicants applying under the terms of the HSMP Forum Judicial Review Policy Document

Go to section 10 next
For 5 yr stay , ie HSMP before Nov 2006 but after Apr 2006

10 G Highly skilled migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK under the Highly Skilled Migrant Programme (HSMP) and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following:

For 4 yr stay use this ie HSMP before April 2006

10 H Highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy docu- ment If you are applying for indefinite leave to remain on completing 4 years’ continuous stay in the UK under the Highly Skilled Migrant Programme and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following

Do not use 10L: This is perhaps for those who have had HSMP at some time but not directly before their current Tier 1 visa

Hi gidoc,
thanks for highlighting section 10, but what about section 3, becouse if we select option Tier 1 (General) -- including applicants applying under the terms of the HSMP Forum Judicial Review Policy Document, then how we can select 10 G or 10 H..
unless straight away we select HSMP under JR option in section 3, but why HO created Tier 1 general option?? oh my head is like a watch keep ticking but only between 3 and 10.

[salina02]

I agree this is confusing and UKBA have added this- 10L- category without any extra guidance.

section 9 - you are not Tier 1 but were stamped as Tier 1 as HSMP had stopped.

Skip section 9

SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT
Applicants who are applying for indefinite leave to remain in the following categories are required to com- plete this section;
• Tier 1 (General) (excluding applicants applying under the terms of the HSMP Forum Judicial Review Policy Document

Go to section 10 next
For 5 yr stay , ie HSMP before Nov 2006 but after Apr 2006

10 G Highly skilled migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK under the Highly Skilled Migrant Programme (HSMP) and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following:

For 4 yr stay use this ie HSMP before April 2006

10 H Highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy docu- ment If you are applying for indefinite leave to remain on completing 4 years’ continuous stay in the UK under the Highly Skilled Migrant Programme and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following

Do not use 10L: This is perhaps for those who have had HSMP at some time but not directly before their current Tier 1 visa

Hi gidoc,
thanks for highlighting section 10, but what about section 3, becouse if we select option Tier 1 (General) -- including applicants applying under the terms of the HSMP Forum Judicial Review Policy Document, then how we can select 10 G or 10 H..
unless straight away we select HSMP under JR option in section 3, but why HO created Tier 1 general option?? oh my head is like a watch keep ticking but only between 3 and 10.

Hi geekhatri,

I can understand how you are feeling as i am almost in the same boat, I got an appointment this week on friday but i am not sure what i am doing

It looks we have to go with

From section 3B
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document

As we are now stamped with Tier 1 but we still can apply under Judicial Review, It cant be Highly skilled migrant under the terms of HSMP ILR judicial review policy document I think is for those who got 1+3 or 4, they still got stamped as HSMP.

From section 10
10G
It cant be 10H as its for 4 years but the only thing is they didn't mention Judicial review point in 10G

Please experts your views will be appreciated at this peak time.

[khalidmirza]

I agree this is confusing and UKBA have added this- 10L- category without any extra guidance.

section 9 - you are not Tier 1 but were stamped as Tier 1 as HSMP had stopped.

Skip section 9

SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT
Applicants who are applying for indefinite leave to remain in the following categories are required to com- plete this section;
• Tier 1 (General) (excluding applicants applying under the terms of the HSMP Forum Judicial Review Policy Document

Go to section 10 next
For 5 yr stay , ie HSMP before Nov 2006 but after Apr 2006

10 G Highly skilled migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK under the Highly Skilled Migrant Programme (HSMP) and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following:

For 4 yr stay use this ie HSMP before April 2006

10 H Highly skilled migrant under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy docu- ment If you are applying for indefinite leave to remain on completing 4 years’ continuous stay in the UK under the Highly Skilled Migrant Programme and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following

Do not use 10L: This is perhaps for those who have had HSMP at some time but not directly before their current Tier 1 visa

Hi gidoc,
thanks for highlighting section 10, but what about section 3, becouse if we select option Tier 1 (General) -- including applicants applying under the terms of the HSMP Forum Judicial Review Policy Document, then how we can select 10 G or 10 H..
unless straight away we select HSMP under JR option in section 3, but why HO created Tier 1 general option?? oh my head is like a watch keep ticking but only between 3 and 10.

Hi geekhatri,

I can understand how you are feeling as i am almost in the same boat, I got an appointment this week on friday but i am not sure what i am doing

It looks we have to go with

From section 3B
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document

As we are now stamped with Tier 1 but we still can apply under Judicial Review, It cant be Highly skilled migrant under the terms of HSMP ILR judicial review policy document I think is for those who got 1+3 or 4, they still got stamped as HSMP.

From section 10
10G
It cant be 10H as its for 4 years but the only thing is they didn't mention Judicial review point in 10G

Please experts your views will be appreciated at this peak time.

Hi Salina
How can you select Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document in section 3B. HSMP forum JR is for extension and not for ILR. HSMP ILR JR(2009) is for ILR application. I am going blank how this category is included in set(o) form.

[gidoc]

How can you select Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document in section 3B. HSMP forum JR is for extension and not for ILR. HSMP ILR JR(2009) is for ILR application. I am going blank how this category is included in set(o) form.

The ruling aplies to both.

[gidoc]

Hi gidoc,
thanks for highlighting section 10, but what about section 3, becouse if we select option Tier 1 (General) -- including applicants applying under the terms of the HSMP Forum Judicial Review Policy Document, then how we can select 10 G or 10 H..
unless straight away we select HSMP under JR option in section 3, but why HO created Tier 1 general option?? oh my head is like a watch keep ticking but only between 3 and 10.

Section 3- for your category, you should select 3B, as its the closest*
Section 10- is for documents you will submit, you should select G or H*
* Salina- JR-2009 ILR document applies, it doesnt necessarliy have to be mentioned in the SET O for all the time

Based on various category of applicants, UKBA seems to be adding newer catefories, do not get confused by it.

[khalidmirza]

How can you select Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document in section 3B. HSMP forum JR is for extension and not for ILR. HSMP ILR JR(2009) is for ILR application. I am going blank how this category is included in set(o) form.

The ruling aplies to both.

Can you please cut and paste from hsmp forum jr policy the clauses relating to ILR for my information. will be much obliged

[salina02]

I agree this is confusing and UKBA have added this- 10L- category without any extra guidance.

section 9 - you are not Tier 1 but were stamped as Tier 1 as HSMP had stopped.

Skip section 9


Go to section 10 next
For 5 yr stay , ie HSMP before Nov 2006 but after Apr 2006


For 4 yr stay use this ie HSMP before April 2006




Do not use 10L: This is perhaps for those who have had HSMP at some time but not directly before their current Tier 1 visa

Hi gidoc,
thanks for highlighting section 10, but what about section 3, becouse if we select option Tier 1 (General) -- including applicants applying under the terms of the HSMP Forum Judicial Review Policy Document, then how we can select 10 G or 10 H..
unless straight away we select HSMP under JR option in section 3, but why HO created Tier 1 general option?? oh my head is like a watch keep ticking but only between 3 and 10.

Hi geekhatri,

I can understand how you are feeling as i am almost in the same boat, I got an appointment this week on friday but i am not sure what i am doing

It looks we have to go with

From section 3B
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document

As we are now stamped with Tier 1 but we still can apply under Judicial Review, It cant be Highly skilled migrant under the terms of HSMP ILR judicial review policy document I think is for those who got 1+3 or 4, they still got stamped as HSMP.

From section 10
10G
It cant be 10H as its for 4 years but the only thing is they didn't mention Judicial review point in 10G

Please experts your views will be appreciated at this peak time.

Hi Salina
How can you select Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document in section 3B. HSMP forum JR is for extension and not for ILR. HSMP ILR JR(2009) is for ILR application. I am going blank how this category is included in set(o) form.

I am with you, there is difference between HSMP Forum Judicial
Review Policy Document & HSMP ILR judicial review policy document

As we are applying for ILR so we have to go for Highly skilled migrant under the terms of HSMP ILR judicial review policy document in section 3B

But what to do with section 10G or 10H
I am thinking of going with section 10H now, as it pointed to Judicial Review.

I think we have to stick to HSMP ILR judicial review policy document
doesn't matter which section we look at.

[salina02]

Just wondering does it going to make a difference if we select 10G or 10H.

[khalidmirza]

Just wondering does it going to make a difference if we select 10G or 10H.

You are right. Both 10G and 10H are exactly same except 10G says 5 years of stay under hsmp forum jr and 10H is after 4 years of stay under hsmp ILR jr. Confusion is that we should apply under hsmp ILR jr and then we need to fill 10H but 10H has this annoying NUMBER "4 years." In principle this category inclusion looks an error to me.
The whole issue would have been resolved if in the guidance for set(o) they would replaced the date of 3rd Apr 2006 by 7th Nov 2006 in item 2 "star explanation". It would have been in line with the information on UKBA website

http://www.ukba.homeoffice.gov.uk/worki ... 1/general/

your HSMP approval letter was issued on the basis of an application made before 7 November 2006, and you obtained entry clearance or permission to stay in the UK on the basis of that letter, you may be affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009. The section on the HSMP Forum Ltd judicial review (settlement in the UK)(which is HSMP ILR JR of 2009) will tell you whether you are affected by the judgment, and will help you decide what to do next.

[salina02]

I think it would be better if we get to know from the applicant who been to PEO, What they selected and how was the experience with case worker

Pre Nov 2006 Applicant with 04/2011 form and with 05/2011 form Please let us know what you have selected in section 3 and with section 10G or 10H.

Your help will be appreciated.

[khalidmirza]

I think it would be better if we get to know from the applicant who been to PEO, What they selected and how was the experience with case worker

Pre Nov 2006 Applicant with 04/2011 form and with 05/2011 form Please let us know what you have selected in section 3 and with section 10G or 10H.

Your help will be appreciated.

Moderators views will be appreciated or written reply from home office will do. Each case worker is in different state of minds so cannot rely on one particular case.

[khalidmirza]

I think it would be better if we get to know from the applicant who been to PEO, What they selected and how was the experience with case worker

Pre Nov 2006 Applicant with 04/2011 form and with 05/2011 form Please let us know what you have selected in section 3 and with section 10G or 10H.

Your help will be appreciated.

Moderators views will be appreciated or written reply from home office will do. Each case worker is in different state of minds so cannot rely on one particular case.

A new idea. please share. select
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial
Review Policy Document as it clarifies doubt from Tier 1(General)
of section A
Tier 1 (General) migrant (excluding applicants applying under the terms of the
HSMP Forum Judicial Review Policy Document)

AND 1 0 G Highly skilled migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay
in the UK under the Highly Skilled Migrant Programme (HSMP) and other appropriate categories, in addition
to the relevant documents in 10A, you must provide the following.

Section 3B conveys that your Tier 1 is diffident and based on JR and not required to score points and 10G means you need to complete 5 years. In cover letter mention clause 4 (for exemption of language) and clausr 7 & 27 of ILR under Hsmp ILR JR policy in bold letters
Any better idea welcome

[gidoc]

think it would be better if we get to know from the applicant who been to PEO, What they selected and how was the experience with case worker

Pre Nov 2006 Applicant with 04/2011 form and with 05/2011 form Please let us know what you have selected in section 3 and with section 10G or 10H.

You should not select 4 yrs, if it doesnt apply to you.

Key is the benefit you are getting out of this, otherwise it doesnt matter.
1.you dont need Life in UK test
2.dependant's follow your status
3.And now you dont need to go through ' PBS' and ' criminality threshold'

I applied more than a year ago and used 10H but dont know what was in section 3 then but would have used 3B.The case worker said my application is not valid as HSMP JR was for people before April 2006 and that I needed LIUK test etc etc.
I showed her the HSMP-JR policy document for settlement and she had never seen it before. She also said she couldnt access it from her system. She went back, perhaps spoke to colleagues, returned to say that I was right and processed my application for ILR

Moral of the story:
1.Tick the section related to Tier 1 and HSMP( JR/ILR, doesnt matter; but choose the correct one 4yr/5 yr-this bit is important)
2.Take a copy of the document with you

This is my exp/opinion, rest is up to you guys, all the best.

[geekhatri]

Just wondering does it going to make a difference if we select 10G or 10H.

Salina,
i think gidoc is correct, if we are in 2+3, then we have to select 10G and if we are 1+3, then 10H.

for section 3 - tier 1 general migrant including hsmp jr review.

you can't select both 10G and 10H and we can't select 10L at all...

[salina02]

Just wondering does it going to make a difference if we select 10G or 10H.

Salina,
i think gidoc is correct, if we are in 2+3, then we have to select 10G and if we are 1+3, then 10H.

for section 3 - tier 1 general migrant including hsmp jr review.

you can't select both 10G and 10H and we can't select 10L at all...

Hi Geekhari,

We can go with 10G but i am still in doubt to select
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

I am not getting the difference between Highly skilled migrant under the terms of HSMP ILR judicial review policy and Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Please can someone put up some light on this.

[khalidmirza]

Just wondering does it going to make a difference if we select 10G or 10H.

Salina,
i think gidoc is correct, if we are in 2+3, then we have to select 10G and if we are 1+3, then 10H.

for section 3 - tier 1 general migrant including hsmp jr review.

you can't select both 10G and 10H and we can't select 10L at all...

Hi Geekhari,

We can go with 10G but i am still in doubt to select
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

I am not getting the difference between Highly skilled migrant under the terms of HSMP ILR judicial review policy and Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Please can someone put up some light on this.

Hi Salina
My understanding is Highly skilled migrant under the terms of HSMP ILR JR policy is for pre Apr 2006 applicants for the duration of stay of 4 years while Tier 1(Genera) migrant applying under the terms of the HSMP Forum JR policy document cover people between Apr 2006 and & Nov 2006 as this group need 5 years stay for ILR. HSMP ILR JR was basically on the pretext to claim ILR after 4 years but its clause 4,7,27 also mentions about the immigrants falling in between the above mentioned dates.

[salina02]

Just wondering does it going to make a difference if we select 10G or 10H.

Salina,
i think gidoc is correct, if we are in 2+3, then we have to select 10G and if we are 1+3, then 10H.

for section 3 - tier 1 general migrant including hsmp jr review.

you can't select both 10G and 10H and we can't select 10L at all...

Hi Geekhari,

We can go with 10G but i am still in doubt to select
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

I am not getting the difference between Highly skilled migrant under the terms of HSMP ILR judicial review policy and Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Please can someone put up some light on this.

Hi Salina
My understanding is Highly skilled migrant under the terms of HSMP ILR JR policy is for pre Apr 2006 applicants for the duration of stay of 4 years while Tier 1(Genera) migrant applying under the terms of the HSMP Forum JR policy document cover people between Apr 2006 and & Nov 2006 as this group need 5 years stay for ILR. HSMP ILR JR was basically on the pretext to claim ILR after 4 years but its clause 4,7,27 also mentions about the immigrants falling in between the above mentioned dates.

Thanks Khlaidmirza, But If i select tier 1 under HSMP Forum JR policy document i think i need to go for LIUK test, As its clearly been mentioned in section 4 that You are not required to complete this section if you are applying in one of the following categories: highly
skilled migrant under the terms of the HSMP ILR judicial review policy document

[salina02]

Please can someone comment on this.

[Son_of_Soil]

Completly agree with you.

If you read paragraph 10L which means combination of HSMP+Tier 1+workpermit etc , applying after 5 year, you are required to provide evidence for section 9A
which take you to nprovide previous earnings , LIUK etc..

very confusing ...modratotrs, please advise as there are so many people expecting a reply to this confusion,

Please can someone comment on this.

[khalidmirza]

Salina,
i think gidoc is correct, if we are in 2+3, then we have to select 10G and if we are 1+3, then 10H.

for section 3 - tier 1 general migrant including hsmp jr review.

you can't select both 10G and 10H and we can't select 10L at all...

Hi Geekhari,

We can go with 10G but i am still in doubt to select
Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

I am not getting the difference between Highly skilled migrant under the terms of HSMP ILR judicial review policy and Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Please can someone put up some light on this.

Hi Salina
My understanding is Highly skilled migrant under the terms of HSMP ILR JR policy is for pre Apr 2006 applicants for the duration of stay of 4 years while Tier 1(Genera) migrant applying under the terms of the HSMP Forum JR policy document cover people between Apr 2006 and & Nov 2006 as this group need 5 years stay for ILR. HSMP ILR JR was basically on the pretext to claim ILR after 4 years but its clause 4,7,27 also mentions about the immigrants falling in between the above mentioned dates.

Thanks Khlaidmirza, But If i select tier 1 under HSMP Forum JR policy document i think i need to go for LIUK test, As its clearly been mentioned in section 4 that You are not required to complete this section if you are applying in one of the following categories: highly
skilled migrant under the terms of the HSMP ILR judicial review policy document

Yes Salina
That was my point right from the beginning.It is a confusing form and guidance. The wisdom behind this change was to remove confusion between Tier 1(General) and Tier 1(General under HSMP Forum JR. That is why I suggested that its clause 4,7,27 of HSMP ILR JR should be mentioned in your cover letter in bold letters. That is the closest we can achieve. Clause 4 exempts you from LIUK test explicitly.Basically HO need to change the guidance and form altogether.

No Offence Please WHY MODERATORS ARE QUIET ON THIS ISSUE IN SPITE OF REPEATED REQUESTS. PLEASE HELP YOUR COLLEAGUES .