Premium application SET(O) under HSMP JR

[stillhopeful]

Dear All,
I have just joined this forum. I wonder if anyone has any similar experience. i have applied for my ILR under SET(O) HSMP JR (5 years continuous stay but no points-based system or KOL). I was very keen to get it sorted ASAP as I had recent bereavement in the family and need to travel abroad soon, so I applied via a solicitor AND via the premium service on 01/06/11. my application was receieved but I was told they need to do further enquiries so could not decide immediately and referred it to the casework. I am still waiting since.

Any advice/comments or similar experience?

[smaganti]

Hi,

is your case straight forward or do you have any absences more than 180 days or 90 days in a stretch..

[stillhopeful]

Hi,

is you case straight forward or do you have any absences more than 180 days or 90 days in a stretch..

I dont have any absences myself but my wife was living with me in UK between 2005-07 then had to live abroad (for overwhelming reasons) and returned to UK sept 2009 where she is living with me since.

I am not sure if this is the reason?

[emarketeruk]

yours is nothing different than a postal application now, therefore i would say it will probably take between 2-3 months for you to get a responce, if not more...

SET(o) applications are taking much longer over the last two months.
I applied for mine in 27th April & still waiting... i know many applied during this time havent got the passports yet... so you have to wait some time im afraid

[Casa]

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

[khalidmirza]

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decision

[stillhopeful]

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

Thanks Casa,

Yes, I have included my wife in my ILR application.My solicitor is not sure but thinks it might be my wife's situation ( she has been living with me for about 20 months now since her return in 2009), prior to that 2007-2009 was abraod and prior to that 2005-2077 was with me here.

The UKBA just said immediately after we submitted the application'' your application is valid but due to need for further enquiries it has been referred to a team''. We have tried to chase them last week but they said ''you will be cntacted in due time''.

I was expecting that at least they will expedite the app if they could not process it on the same day having paid premium and via a solicitor?

is this unreasonable expectation?

is it a problem that my wife has been living with me for just under 2 years now?

I would be grateful for your comments.

[khalidmirza]

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

Thanks Casa,

Yes, I have included my wife in my ILR application.My solicitor is not sure but thinks it might be my wife's situation ( she has been living with me for about 20 months now since her return in 2009), prior to that 2007-2009 was abraod and prior to that 2005-2077 was with me here.

The UKBA just said immediately after we submitted the application'' your application is valid but due to need for further enquiries it has been referred to a team''. We have tried to chase them last week but they said ''you will be cntacted in due time''.

I was expecting that at least they will expedite the app if they could not process it on the same day having paid premium and via a solicitor?

is this unreasonable expectation?

is it a problem that my wife has been living with me for just under 2 years now?

I would be grateful for your comments.

are you sure that your other requirements like p 60, employer letter, salary slip, bank statement and absence were all in order. would like list of your documents submitted and absences to make a guess what it could be. which peo you went to. did you go with solicitor.

[Son_of_Soil]

It may be because of the less than 24 months living together.But agian it comes back to the same topic that IF THE MAIN APPLICANT IS FALLING UNDER JR , DEPENDENT WILL FOLLOW THE MAIN APPLICANTS STATUS , and i have seen mix responses to this statement in forum.

hope its get sorted soon.
Regards

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

Thanks Casa,

Yes, I have included my wife in my ILR application.My solicitor is not sure but thinks it might be my wife's situation ( she has been living with me for about 20 months now since her return in 2009), prior to that 2007-2009 was abraod and prior to that 2005-2077 was with me here.

The UKBA just said immediately after we submitted the application'' your application is valid but due to need for further enquiries it has been referred to a team''. We have tried to chase them last week but they said ''you will be cntacted in due time''.

I was expecting that at least they will expedite the app if they could not process it on the same day having paid premium and via a solicitor?

is this unreasonable expectation?

is it a problem that my wife has been living with me for just under 2 years now?

I would be grateful for your comments.

[Sushil-ACCA]

HO need to push PEO case or atleast reply after 4 weeks

it is meaning less to pay extra £s and results r slower than postal services

HO dont reply any thing to even solicitor till they take decision - this really dilemma and also mention dont call back unless it is urgent

[stillhopeful]

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decision

I have submitted all the relevant paperwork and the solicitor has certainly confirmed that he was happy all the required docs were there. In any even the HSMP JR requirements are much easier.

My main questions are:
1- do I have reasonable expectation that my premium application should be treated more urgently compared to a postal application even if the peo could not process it on the same day?

2- is there a solid requirement for HSMP JR dependents to complete 24 months of co-habitation to qualify for ILR , similar to spouse of BC?

I would really appreciate any feedback on these specific points.

Cheers

[khalidmirza]

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decision

I have submitted all the relevant paperwork and the solicitor has certainly confirmed that he was happy all the required docs were there. In any even the HSMP JR requirements are much easier.

My main questions are:
1- do I have reasonable expectation that my premium application should be treated more urgently compared to a postal application even if the peo could not process it on the same day?

2- is there a solid requirement for HSMP JR dependents to complete 24 months of co-habitation to qualify for ILR , similar to spouse of BC?

I would really appreciate any feedback on these specific points.

Cheers

Q1 I really d not want to disappoint you but experiences of other forum members does not show a good picture. How UKBA treat these applications forwarded by PEO is not known. We can hope for the best. My opinion is that despite your wife not completing two years there is a v.good chance for ILR for her but by a senior officer who can waive this condition. Do you think it might be a blessing instead of a refusal.
Q2 As I mentioned in other posts this two years scenario had some successes and some refusals. I definitely support the understanding that dependents will follow the main applicants under JR but case workers many times did not interpret it like we do. Now I feel that comparing two years requirement under set (M) for spouse of settled person, JR or any other law cannot be superior than the law for settled persons. Theoretically speaking if an applicant under JR get married few weeks earlier and expect ILR for wife is little too much of expectation which is not available even to local British Citizens.
Solicitor must have considered this angle and informed you. I suggest people to be more careful on dependent clause as there could be different meaning to it by case workers

[Sushil-ACCA]

Your solicitor should be able to give a professional opinion as to what the point of deliberation could be as he (or she) presented the papers.
Were you also applying for your wife's ILR as your dependent?

Casa is right. Solicitor should know what was the reason because PEO do generally tell you the reason why it needs more consideration. Please check with your solicitor why was this held back for decision

I have submitted all the relevant paperwork and the solicitor has certainly confirmed that he was happy all the required docs were there. In any even the HSMP JR requirements are much easier.

My main questions are:
1- do I have reasonable expectation that my premium application should be treated more urgently compared to a postal application even if the peo could not process it on the same day?

2- is there a solid requirement for HSMP JR dependents to complete 24 months of co-habitation to qualify for ILR , similar to spouse of BC?

I would really appreciate any feedback on these specific points.

Cheers

Q1 I really d not want to disappoint you but experiences of other forum members does not show a good picture. How UKBA treat these applications forwarded by PEO is not known. We can hope for the best. My opinion is that despite your wife not completing two years there is a v.good chance for ILR for her but by a senior officer who can waive this condition. Do you think it might be a blessing instead of a refusal.
Q2 As I mentioned in other posts this two years scenario had some successes and some refusals. I definitely support the understanding that dependents will follow the main applicants under JR but case workers many times did not interpret it like we do. Now I feel that comparing two years requirement under set (M) for spouse of settled person, JR or any other law cannot be superior than the law for settled persons. Theoretically speaking if an applicant under JR get married few weeks earlier and expect ILR for wife is little too much of expectation which is not available even to local British Citizens.
Solicitor must have considered this angle and informed you. I suggest people to be more careful on dependent clause as there could be different meaning to it by case workers

YOUR expanation makes sense but HSMP jr is settled item and ho is handling SUCH case cautionsly , going again to court will cause of pain to ho and public purse .

hsmp jr guide lines are final binding on HO and all its officers.

[kumar1979]

Hi ,

If your case is straight forward I'm sure this is just a wait of time .

1. Which solicitor did you go through ? I ask as I'm planning to go through solicitor .

2. Could it be that they are just keeping all applications through Solicitor aside for futher checks ?


3. Also , if they mentioned that your applications needs further evaluation immediately after applying , did they even see that your spouse was abroad for some period in the passport or not ?

[kumar1979]

Hi Stillhopeful ,


Did they defer your application immediately after accepting it ?

I'm keen to know if they already had some notes about you and your spouse

(or)

did they start looking at all documents i.e passport etc and then found out your spouse's absence etc ?

I'm planning to apply for ILR in 2 weeks and get a feeling that using a solicitor is causing applications to be deferred to a later date ... hence , unable to decide if i should use a solicitor or not .

if they accepted your application and looked at the details and then decided to defer it , my doubt is invalid . If they defered it immediately apfter applying without even looking at the documents - either they had notes about your spouse's departures and arrivals or could be soemthing to do with going through soliticors .

Can you please answer my question ?

[jami]

whatever is the reason of further enquirers it pertains to main applicant and not to the spouse and you can guess better regarding that reason - general ground of refusal etc

there are instances on this forum of giving ILR to main applicant and refusing to spouse hence enquirers in your case would not be pertaining to your spouse

[stillhopeful]

Hi Stillhopeful ,


Did they defer your application immediately after accepting it ?

I'm keen to know if they already had some notes about you and your spouse

(or)

did they start looking at all documents i.e passport etc and then found out your spouse's absence etc ?

I'm planning to apply for ILR in 2 weeks and get a feeling that using a solicitor is causing applications to be deferred to a later date ... hence , unable to decide if i should use a solicitor or not .

if they accepted your application and looked at the details and then decided to defer it , my doubt is invalid . If they defered it immediately apfter applying without even looking at the documents - either they had notes about your spouse's departures and arrivals or could be soemthing to do with going through soliticors .

Can you please answer my question ?

Hi,
Well, the solicitor submitted the application on my behalf. I think the decision to defer the application was not taken the next day as they could not deal with it on the same day.

My advice is probably using a solictor is from the outset is probably not a good idea (personal feeling). It might be better to submit the application yourself and then if you run into trouble (hopeful you wont) you can always get a solicitor to help you. I wont recommend anyone in particular but guess the memebers of this forum would have plenty of experience in this.

Again I am just speculating as what is the reason but obviously the solictor seems to think that its due to the fact that my wife has not completed two years living with me in the UK.

I hope this helps.

[jami]

hi stillhopeful

For solicitor there are two methods at PEO
1. A clerk/Courier of solicitor office submits application in afternoon a day ahead of appointment time. Then next day solicitor discuss case with case worker and in the evening clerk/courier of solicitor office collects documents/passport from counter of PEO or
2. Solicitor submits documents on the day of appointment and discuss case with case worker and in evening documents/passport are collected in the aforesaid manner.

Solicitors are required to have professional indemnity insurance policy of GBP 2 M before they get annual practicing certificate hence there should be very high standard of client care and your solicitor is bound to write a letter to you explaining that day proceedings

How the UKBA fee was paid?

[Son_of_Soil]

Hi I am planning to do my application via a solicitor just bacause of two reason
1) to get the results same day with minimum hassle
2) m not confiendent of my wife's ILR as she hasnt stayed with me for 2 years, so i thinking havin a solicitor my might help

my case(HSMP pre nov 2006)

I am very keen to know the answer of this thread. I am aware not all premium case are dealt same day so i m confused what to do

Regards]

[kumar1979]

@Jami ,

My solicitor mentioned that only way that solicitor can apply is hand in the application either by himself / his assistant in the morning of the date of appointment .

If the Case worker has any queries they will call the solicitor to discuss .

Assistant / Solicior picks up succesful / unsuccesful passports and documents in the evening unless additional documents are required for processing .

Pleaser correct if you feel this is wrong !

[kumar1979]

Son of Soil -

Some people mentioned that having a solicitor is unnecessary hasssle & Going personally is better where we can answer any quesries directly and on the spot ...

I'm also thinking between going through a solicit or or self ...

[Son_of_Soil]

And thats what i m confused about but then i think about wife's ILR , and i am not good at defending and explaning Immigration laws if questioned about wife.if it was only me , i would have gone by myself...

Son of Soil -

Some people mentioned that having a solicitor is unnecessary hasssle & Going personally is better where we can answer any quesries directly and on the spot ...

I'm also thinking between going through a solicit or or self ...

[RK1980]

Hi All,

I'm new this forum and not very sure if this is the correct thread to ducss about FLR Tier 1(HSMP) or ILR.

My Visa Case,

Got My HSMP in July 2006 (for 2 years), EC in September 2006 and entered UK in October 2006.
In Aug 2008, got an extension for 3 more years under HSMP Judicial rules (High Court Judgement of 8th April 2008). (given as Tier-1 General)

I've spent total 191 days outside since i entered UK. I've been paid for all these days and My P60s & payslips shows that. out of this 191 days, I've stayed out once for a period of 98 days, where I was working remotely from my base country in UK timings. my epmployer has given a letter to confirm that I was working remotely and under the UK payroll since joining the company.

Now after seeing experiences of lot of people in PEO services, I'm thinking about the next step ILR / FLR Tier 1 (HSMP)

Can I ask the experts on this group to share you thoughts / experiences with my following queries.

1. How Successful it can to apply for ILR at the end of Aug / 1st week of spetmber 2011 with PEO Service?

2. to ber in safer side, is it good to go for another extension before going for ILR?

3. If I have permission to go for another extension, Do I need to use FLR Tier 1(HSMP) Application?

4. for How long they will issue extension this time?

your ideas / experiences matters a lot. please share your thoughts..

Best Regards,
RK1980

[mk357]

Hi All,

I'm new this forum and not very sure if this is the correct thread to ducss about FLR Tier 1(HSMP) or ILR.

My Visa Case,

Got My HSMP in July 2006 (for 2 years), EC in September 2006 and entered UK in October 2006.
In Aug 2008, got an extension for 3 more years under HSMP Judicial rules (High Court Judgement of 8th April 2008). (given as Tier-1 General)

I've spent total 191 days outside since i entered UK. I've been paid for all these days and My P60s & payslips shows that. out of this 191 days, I've stayed out once for a period of 98 days, where I was working remotely from my base country in UK timings. my epmployer has given a letter to confirm that I was working remotely and under the UK payroll since joining the company.

Now after seeing experiences of lot of people in PEO services, I'm thinking about the next step ILR / FLR Tier 1 (HSMP)

Can I ask the experts on this group to share you thoughts / experiences with my following queries.

1. How Successful it can to apply for ILR at the end of Aug / 1st week of spetmber 2011 with PEO Service?

2. to ber in safer side, is it good to go for another extension before going for ILR?

3. If I have permission to go for another extension, Do I need to use FLR Tier 1(HSMP) Application?

4. for How long they will issue extension this time?

your ideas / experiences matters a lot. please share your thoughts..

Best Regards,
RK1980

(1) ILR could depend on the caseworker could go either way. However, have heard on this forum that rules / guidance might change in your favaour.
(2) Your choice. If I were you I would go for an extension... just in case. But its your choice.
(3) Yes. Applicable at the time of your extension.
(4) 3 years from the date of issue.

[HsmpFlr3]

RK1980,
Pls. take my suggestion with a pinch of salt - With extension they take biometrics and run additional checks (i think). But i would presume there is a larger probability of success with extension than ILR considering that your ILR is not straightforward. I would vote for going for the safer option of getting an extension. I used FLR Tier 1 (HSMP) form.
MK357,
i applied for an extension few weeks ago (HSMP pre-Nov 2006) and i got it only for 2 years and NOT 3 years. I saw in another thread of RK1980 that UKBA informed him that the visa length decision is at the discretion of case-worker.