Which Category? Tier1 extension (HSMP JR Apr 08) to ILR

[coolm]

I have a PEO appointment for my ILR application in a few weeks' time and I'm in the process of filling up the Set(O) form. I'm confused about which of the following 3 categories I shoudl apply under.

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Section A

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

Section B

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
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The reason for my confusion is as below:

When I applied for extension of my HSMP FLR in June 2009, the Home Office said that based on my first entry into the HSMP program (in May 2005) I would be covered by the HSMP JR policy (dated 8 April 2008) and they sent me a letter saying that they have considered my extension application in light of the High Court judgement dated 8 April 2008 and extended my visa so that I meet the current threshold for ILR, which is 5 years. The letter also asked me to enclose a copy of that letter when I submit my settlement application.

Now my questions are:

1. If I'm covered under the HSMP JR policy dated 8 April 2008 (according to the home office letter), will I also be covered under the HSMP ILR JR dates 6 April 2009? If the answer is yes, then will my settlement application be considered under the 4 years continuous residence rule?

2. Which of the 3 categories mentioned in the Set(o) form for settlement should I apply under?

Please could someone shed some light on this.

Thank you very much.

-Best regards,
Coolm

[coolm]

Hi Folks,

I see that lots of people have viewed my post, but no replies. Is the case so complex? Is anyone out there in a similar situation or with a Tier 1 extension letter that says they have been given extension (from HSMP to Tier 1) in light of the high court judgement of April 2008? If so, which category did you apply for settlement?

I would be grateful for any reply / thoughts / pointers in this.

Thank you very much in advance.