NEW ILR SET(O) Form Queries

Sri_kant · Post by **Sri_kant** » Fri Jun 10, 2011 12:35 pm

Hi all,

I have couple of queries in new ILR SET(O) form which is published in may 2011.

I will first give my background.
I am a HSMP visa holder and will complete my 5 years of residency in aug 2011. I came to UK in aug 2006 ( based on HSMP Approver letter received in may 2006 ) and then got extention in aug 2008. When I came to UK in 2006 I had Highly Skilled migrant stamp on my visa and during extension I got Tier 1 ( General ) migrant stamp on my visa inspite of applying under HSMP Judicial policy form for extention.

Now I will be applying for the settlement in july 2011. The new SET(O) form which was published in may 2011 has 2 categories as below -

- Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document
- Highly skilled migrant under the terms of HSMP ILR judicial review policy document

I am confused with above 2 categories and am not sure which category I fall into. Selecting right category is very important for me as I also want to apply for my wife's settlement along with me. She has just joined me in UK in apr 2011 and has for Tier 1 ( General ) Partner stamp on her visa. But based on HSMP Forum Judicial review candidate I feel she also qualifies for settlement with me even if she hasnt completed 2 years in UK.

Also I noted that Life in the UK test exemption is given only to 'Highly skilled migrant under the terms of HSMP ILR judicial review policy document' category in the new SET(O) form which confuses me even more.

I also want to seek your expert guidance if there is any benefit in applying through any OISC registered advisor because if we apply directly then we have seen mixed results where in some people have got dependant's ILR and some have got rejection.
Ofcourse, applying through solicitor doesnot gaurantee it but will it make any difference to caseworker if applicaiton comes through OISC advisor.

Your feedback and views are very important to me so request you to give your views.

Apologies if these questions have been answered in some other posts which I could not find.

Thanks & Regards

kingkhan9 · Post by **kingkhan9** » Fri Jun 10, 2011 2:25 pm

I am in the same boat. I got my visa in October 2006 and I think because we got visa before 7 Nov 2006 we don't need to give Life in UK test. But I am not quiet sure if that has been changed with the recent April 2011 rules

Gopaalan · Post by **Gopaalan** » Fri Jun 10, 2011 2:31 pm

HSMP JR applicant's are immune from pretty much every recent changes in Immigration rule. Anyone else (in Work related settlement) will need to take Life in the UK test.

kingkhan9 · Post by **kingkhan9** » Fri Jun 10, 2011 2:47 pm

Gopaalan wrote:HSMP JR applicant's are immune from pretty much every recent changes in Immigration rule. Anyone else (in Work related settlement) will need to take Life in the UK test.

Thank you for your reply mate. I hope HSMP JR rule applies for those who made their initial application between 6 Apr 2006 - 7 Nov 2006

is that right. We applied for extension in 2008, so I hope we still fall under HSMP JR rule and exempt from Life in UK test. Please confirm

khalidmirza · Post by **khalidmirza** » Fri Jun 10, 2011 5:09 pm

Sri_kant wrote:Hi all,

I have couple of queries in new ILR SET(O) form which is published in may 2011.

I will first give my background.
I am a HSMP visa holder and will complete my 5 years of residency in aug 2011. I came to UK in aug 2006 ( based on HSMP Approver letter received in may 2006 ) and then got extention in aug 2008. When I came to UK in 2006 I had Highly Skilled migrant stamp on my visa and during extension I got Tier 1 ( General ) migrant stamp on my visa inspite of applying under HSMP Judicial policy form for extention.

Now I will be applying for the settlement in july 2011. The new SET(O) form which was published in may 2011 has 2 categories as below -

- Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document
- Highly skilled migrant under the terms of HSMP ILR judicial review policy document

Tier 1 (General ) visa is not the problem. You are covered by JR
Real issue is SET (O) Form has inherent mistakes in it which nobody can answer. Home work for you dear. There were two JR ,one was in Apr 2008 to cover the pre Nov applicants for extension basically. Second was in Apr 2009 to cover pre Apr 2006 cases (ILR after 4 years instead of 5 years) BUT THIS 2009 JR ALSO COVERED PRE NOV 2006 CASES IN PARA 4, 7,and 21. SO NO LIUK TEST AND NO POINT SCORING FOR ILR.
Unfortunately UKBA did not reflect this in their guidance nor in the any application set(o)form. If you select 1st option, guidance/form does not cover you for LIUK test and if you select option 2 then 10 H which is for this option is after 4 years. No one knows the answer exactly.

Sri_kant · Post by **Sri_kant** » Mon Jun 13, 2011 12:27 pm

Yes I am not sure how can they make such mistake as HSMP JR document says like in the UK is not required for me but SET(O) form doesnt cover this.

Also will my wife's application be affected based on the selection of the category. She is my dependant and hasnt completed 2 years in UK.

myvisaqueries · Post by **myvisaqueries** » Tue Jul 05, 2011 6:12 am

I also fall in the same category and confused . But to tick tier1 (general) migrant applying...etc looks logical for me as my current visa is Tier 1.
Also luckily I had completed this LIUK test . Anyway still it is confusing and I got this answer from immigration advisor when i asked this query .

Dear Sir,

Thank you for your enquiry.

Please be advised that you will be covered under the HSMP Forum Ltd Judicial Review, as you applied to the highly skilled migrant programme between 3 April 2006 and 7 November 2006. If you then extended that initial permission by a further three years under Tier 1 (General), you need to tick the appropriate box in section 3B of SET(O) application form.

I hope that this information will be of assistance to you.

mk357 · Post by **mk357** » Tue Jul 05, 2011 3:06 pm

myvisaqueries wrote:I also fall in the same category and confused . But to tick tier1 (general) migrant applying...etc looks logical for me as my current visa is Tier 1.
Also luckily I had completed this LIUK test . Anyway still it is confusing and I got this answer from immigration advisor when i asked this query .

Dear Sir,

Thank you for your enquiry.

Please be advised that you will be covered under the HSMP Forum Ltd Judicial Review, as you applied to the highly skilled migrant programme between 3 April 2006 and 7 November 2006. If you then extended that initial permission by a further three years under Tier 1 (General), you need to tick the appropriate box in section 3B of SET(O) application form.

I hope that this information will be of assistance to you.

And what is the appropriate box? this was the question which was not answered. I think its HSMP ILR covered by JR. If you tick the T1G covered by the JR terms then they might ask for LIUK test. While all HSMP (Pre-Nov 7) are covered under the JR, so no need for the LIUK and therefore HSMP ILR covered by the JR tems.

fora · Post by **fora** » Tue Jul 05, 2011 7:29 pm

dear Sri-kant,could you please share your experience after getting ILR.A lot of people will appreciate this: which boxes you ticked and about you wife as well.

myvisaqueries · Post by **myvisaqueries** » Wed Jul 06, 2011 8:36 pm

I asked the question to UKBA.. the response I got for which box to tick ?? - my case was HSMP pre Nov 2006 and currently on Tier 1 General .

Dear Sir,

Thank you for your reply.

Please be advised as a Tier 1 (General) visa holder you should tick section 3B(1) of SET(O) as Tier 1 (general) migrant applying under the terms of HSMP JR.

khalidmirza · Post by **khalidmirza** » Wed Jul 06, 2011 8:55 pm

myvisaqueries wrote:I asked the question to UKBA.. the response I got for which box to tick ?? - my case was HSMP pre Nov 2006 and currently on Tier 1 General .

Dear Sir,

Thank you for your reply.

Please be advised as a Tier 1 (General) visa holder you should tick section 3B(1) of SET(O) as Tier 1 (general) migrant applying under the terms of HSMP JR.

Dear all
I figured it out so want to share with you. My opinion is tick
Highly skilled migrant under the terms of HSMP ILR judicial review policy document
and then fill 10G. TIER 1(General) was the sub category of Highly skilled migrants.
This will cover you all aspects as per HSMP ILR JR policy documents. No LIUK test when you tick this category

Post by **geriatrix** » Wed Jul 06, 2011 11:04 pm

Applied for HSMP approval before April 2006
Section 3
If your current leave (vignette) states "Tier 1 (General)", select - "Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document".
If your current leave (vignette) states "Highly Skilled Migrant", select - "Highly skilled migrant under the terms of HSMP ILR judicial review policy document".
Section 10
10A + 10H

Applied for HSMP approval between April 2006 - Nov 2006
Section 3
If your current leave (vignette) states "Tier 1 (General)", select - "Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document".
If your current leave (vignette) states "Highly Skilled Migrant", select - "Highly skilled migrant under the terms of HSMP ILR judicial review policy document".
Section 10
10A + 10G

myvisaqueries · Post by **myvisaqueries** » Thu Jul 07, 2011 7:35 am

I agree on what u say this is the right statement.

fora · Post by **fora** » Thu Jul 07, 2011 1:28 pm

dear all,
I am on Tier 1)G) now, Initial visa was HSMP pre-Nov 2006.
We can not find the appropreate box to tick(I mean section10).We are confused.
What do you think if i tick 10V and write there:"Tier1(General)Migrant covered under the terms of HSMP Forum Judicial Review Policy applying for ILR on completing 5 years of continuous stayin the UK"
If they could not give us the appropreate option.
your opinion, guys?

khalidmirza · Post by **khalidmirza** » Thu Jul 07, 2011 2:12 pm

sushdmehta wrote:Applied for HSMP approval before April 2006
Section 3
If your current leave (vignette) states "Tier 1 (General)", select - "Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document".
If your current leave (vignette) states "Highly Skilled Migrant", select - "Highly skilled migrant under the terms of HSMP ILR judicial review policy document".
Section 10
10A + 10H

Applied for HSMP approval between April 2006 - Nov 2006
Section 3
If your current leave (vignette) states "Tier 1 (General)", select - "Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document".
If your current leave (vignette) states "Highly Skilled Migrant", select - "Highly skilled migrant under the terms of HSMP ILR judicial review policy document".
Section 10
10A + 10G

Thank you for feedback. Please clarify the point not clear when you tick
"Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document".
Set (O) Form does not include this category for exemption from LIUK

fora · Post by **fora** » Thu Jul 07, 2011 2:49 pm

If you applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter
You are still required to complete a period of five years' continuous residence in relevant immigration routes before you can apply to settle in the United Kingdom. This is because you did not enter the HSMP until after the Immigration Rules had changed on 3 April 2006. However, you do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application
We can print this out statement and take with us to show the caseworker.At least this is concidered to be the main law and they must follow it.It does not matter that they did not mention it in set(o).Set (O)is not perfect but shoud be based on the law.

fora · Post by **fora** » Thu Jul 07, 2011 2:52 pm

if the set (o) is not perfect-everybody knows it, then we have to defend ourselves making the best of the existing law,this is our right

khalidmirza · Post by **khalidmirza** » Thu Jul 07, 2011 3:10 pm

fora wrote:If you applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter
You are still required to complete a period of five years' continuous residence in relevant immigration routes before you can apply to settle in the United Kingdom. This is because you did not enter the HSMP until after the Immigration Rules had changed on 3 April 2006. However, you do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application
We can print this out statement and take with us to show the caseworker.At least this is concidered to be the main law and they must follow it.It does not matter that they did not mention it in set(o).Set (O)is not perfect but shoud be based on the law.

I agree with you. the whole issue is inherent fault in set(o) form and its guidance.May we highlight this to ukba

fora · Post by **fora** » Thu Jul 07, 2011 5:57 pm

we might but i think i will be a loss of time .UKBA will not bother as only 3 months left. I mean after 6 nov.2011 there will be no HSMP people applying for ILR HSMP JR any more (except those few who got HSMP before 6Nov 2006 but came in the UK later having this HSMP JR category visa).AS I got it 3Nov 2006 but arrived 18Nov 2006.

khalidmirza · Post by **khalidmirza** » Thu Jul 07, 2011 7:03 pm

fora wrote:we might but i think i will be a loss of time .UKBA will not bother as only 3 months left. I mean after 6 nov.2011 there will be no HSMP people applying for ILR HSMP JR any more (except those few who got HSMP before 6Nov 2006 but came in the UK later having this HSMP JR category visa).AS I got it 3Nov 2006 but arrived 18Nov 2006.

That is surprising news for me that only 3 months left. Are you suggesting that people who opt to extend their stay under hsmp JR will have no chance to apply for ILR. My understanding is that till the time all who wish to apply under hsmp JR have got ILR, these points will keep coming up.You can extend your stay under hsmp JR and choose to apply for ILR when you meet the conditions. Please I request that this might create a new apprehensiveness. Refer to HSMP forum JR (2008). There is no limit to number of extension

mk357 · Post by **mk357** » Thu Jul 07, 2011 8:42 pm

khalidmirza wrote:
fora wrote:we might but i think i will be a loss of time .UKBA will not bother as only 3 months left. I mean after 6 nov.2011 there will be no HSMP people applying for ILR HSMP JR any more (except those few who got HSMP before 6Nov 2006 but came in the UK later having this HSMP JR category visa).AS I got it 3Nov 2006 but arrived 18Nov 2006.
That is surprising news for me that only 3 months left. Are you suggesting that people who opt to extend their stay under hsmp JR will have no chance to apply for ILR. My understanding is that till the time all who wish to apply under hsmp JR have got ILR, these points will keep coming up.You can extend your stay under hsmp JR and choose to apply for ILR when you meet the conditions. Please I request that this might create a new apprehensiveness. Refer to HSMP forum JR (2008). There is no limit to number of extension

Yes Khalid you are absolutely right. I myself got the visa on Nov 2, 2006 but came to UK in late Jan 2007, does that mean that I cannot apply under th HSMP JR ... no it doesn't. I can still apply and there would be many more like me.

fora · Post by **fora** » Thu Jul 07, 2011 9:14 pm

sorry i did not take into account those who will opt to extend HSMP JR(instead of applying for ILR) after 5 years of waiting. But no doubt u r right -some people may opt to extend . I did not think there would be a lot of them cos the requirements for our category (HSMP JR) are relatively lenient.
In my opinion If we want to raise this issue in front of UKBA there should be a proper letter written by smb who is very experienced(moderator).
your suggestion?

mk357 · Post by **mk357** » Thu Jul 07, 2011 9:20 pm

fora wrote:sorry i did not take into account those who will opt to extend HSMP JR(instead of applying for ILR) after 5 years of waiting. But no doubt u r right -some people may opt to extend . I did not think there would be a lot of them cos the requirements for our category (HSMP JR) are relatively lenient.
In my opinion If we want to raise this issue in front of UKBA there should be a proper letter written by smb who is very experienced(moderator).
your suggestion?

No body would extend Visa instead of ILR if he or she qualifies for it. Only in cases wher person falls short of the qualifying period that they would extend visa.

What issue are you talking about raising in front of UK BIA?

fora · Post by **fora** » Thu Jul 07, 2011 9:43 pm

I've got now Tier1(G) but before HSMP pre nov 2006.
The issue is as many people have:
1.if i mark Tier 1 (as i actually have it now)under termsof HSMP JR...-Iwill not be exempt from LINUK test,
2.If I tick HSMP JR they might not accept it as my visa is Tier1 now.
3.if i choose 10G it does not say that i am covered by JR document policy
4.if i choose 10H it coveres me by JR policy but stay is 4 years(not 5 as mine)

Sri_kant · Post by **Sri_kant** » Fri Jul 08, 2011 11:38 am

sushdmehta wrote:Applied for HSMP approval before April 2006
Section 3
If your current leave (vignette) states "Tier 1 (General)", select - "Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document".
If your current leave (vignette) states "Highly Skilled Migrant", select - "Highly skilled migrant under the terms of HSMP ILR judicial review policy document".
Section 10
10A + 10H

Applied for HSMP approval between April 2006 - Nov 2006
Section 3
If your current leave (vignette) states "Tier 1 (General)", select - "Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document".
If your current leave (vignette) states "Highly Skilled Migrant", select - "Highly skilled migrant under the terms of HSMP ILR judicial review policy document".
Section 10
10A + 10G

Hi Sush,

I fall under april 2006 to nov 2006 category. If I select Tier 1 (General) under HSMP ILR JR category in the form then will I be able to justify eligibility of my wife for ILR who has come to UK just 3 months back.
I had got Tier 1 (GEneral) stamp during extention and my wife has Tier 1(General) Partner stamp.

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