Indefinite Leave to Remain - HSMP JR Queries

[tehminamazher]

Hi All,

First of all thanks to this wonderful forum for the guidance they have always provided

Our case History is as follows

HSMP Visa Issued on 03-03-2010 for three year until 03-03-2013
Entered UK = 29-05-2010
LTR until = 29-05-2015 (2 yrs 2mths 25 days visa issued which looks strange as have not seen anyone on forum whom UKBA issued visa for more than 5 years)

My queries
1 - ILR application should be round about 03-02-2015 (03-03-2010 + 5 years = 03-03-2015 - 28 days)

2 - We have a UK born son , and are not planning to add him during the ILR and naturalization application to save money. Can we also skip ILR and naturalization for our 12 years daughter that came with us and was born in Pakistan ? Can we apply for her British passport directly using MN1 form as we plan to use for our son.

3- As our case falls under HSMP Judicial Review what documents my husband need to submit along with application and for what period?

4- I searched the UKBA website and forum also but I was unable to understand that one need to economically active
a) For the whole period of stay in UK
b) For the last twelve months before application
c) For the last three months before application

5- Applicants covered under HSMP JR are required to pass Knowedge of Language and Life test

6 - What documents we need to submit for Co-habitation.

Thanks is advance.

TM

[Amber]

The Home Office will expect you child born abroad to have ILR.

The child born in the UK will be entitled to register as British by virtue of section 1(3) on form MN1 as soon as either parent has been granted ILR, for this child no visa is needed.

The cohabitation proof should be a joint letter or one each for roughly very 4 months over the last 2 years from a total of at least 3 different sources.

For other documents search the forum for what other users have used.

[tehminamazher]

Thnaks Amber

1) 03-02-2015 is the earliest we can apply for ILR is that correct. Also is this normal to have the visa issued for more than 5 years in total ( 3+2 years 2 months 25 days)

2) We need to include our daughter who was born in Paksutan in the ILR application - OK

3) I have searched and found the documents , but for what period.

4) We are still unable to understand that one need to economically active
a) For the whole period of stay in UK
b) For the last twelve months before application
c) For the last three months before application

5- Applicants covered under HSMP JR are required to pass Knowedge of Language and Life test

Thanks in advance.

TM

[tehminamazher]

Can someone ( Amber / Sushdmehta/ senior) help me with my queries?

Thanks In advance.

TM

[geriatrix]

Read Q6 - Q7.

Is the principal migrant employed or self-employed or both?
Since when?
What is the average monthly income through employment / self-employment?

[tehminamazher]

Thanks Sushdmehta,

Our case falls under HSMP JR and I have read that thread.

the principal applicant (My Husband) is employed at the moment and also registered as self employed, but havent done any work under self employment and will a NIL return this year.

He is getting a gross salary 20,000 PA since last year (Jan 01,2012) but as far as we know for HSMP JR applicants - income through employment / self employment doesn't matter.


Still If you can reply to these

1) Is this normal to have the visa issued for more than 5 years in total ( 3+2 years 2 months 25 days)

2) Me and my husband will be exempt from LIUK test at the time of ILR but kindly confirm that at time of nauralization we have to give LIUK test.

3) Principal applicant needs to be economically active
a) For the whole period of stay in UK
b) For the last twelve months before application
c) For the last three months before application

As after reading this we are confused
[url]https://www.whatdotheyknow.com/request/ ... ming-75528
[/url]

I will be extremely thanful for your clarifications to my above queries.

Thnks in advance.

TM

[geriatrix]

Provide last 6-12 months' salary slips and corresponding bank statements showing salary credit.

No need to show evidence of self-employment or income (or lack of it) from self-employment.

[geriatrix]

He is getting a gross salary 20,000 PA since last year (Jan 01,2012)

Provide last 6-12 months' salary slips and corresponding bank statements showing salary credit.
No need to show evidence of self-employment or income (or lack of it) from self-employment.

Read Q6 - Q7

Click on the link.

Apply for settlement no earlier than 28 days before 29-05-14. Include all dependants in the application.

[tehminamazher]

Thanks Sushdmehta again for the valuable suggestions.

I remember when we were in the PEO appointment my husband in order to avoid one more extension told the case worker that its written in the policy document the visa should be granted either for two years or for the period so that 5 years period towards ILR is completed, case worker consulted seniors and granted us visa for 2 years and 87 days.

My Question , if my husband have not told case worker, he would have issued visa until 3-3-2015 and we have to apply somewhat around start February , 2015 ( as we entered UK 87 days late but we are still within 90 days)

Now even we got visa till May 29 ,2015 can we still apply in start February 2015.

Will be extremely thankful once again

TM

[geriatrix]

Don't worry about what happened and why or whether it was allowed or not.

You have been granted leave that ends on the 5th anniversary of your entry in to the UK. So you have enough leave to enable you to apply for settlement. Therefore, you cannot take advantage of the concession you are referring to. If you do, a caseworker may refuse your application.

I was under the impression that you applied for HSMP approval before 04-Apr-06. Is it not so?
Did you apply for HSMP approval between 04-Apr-06 and 07-Nov-06?


If you applied for HSMP approval before 04-Apr-06, apply for settlement no earlier than 28 days before the 4th anniversary of your entry in the UK (29-05-14).

If you applied for HSMP approval between 04-Apr-06 and 07-Nov-06, apply for settlement no earlier than 28 days before the 5th anniversary of your entry in the UK (29-05-15).

[tehminamazher]

Thanks Sushdmehta for clarification.

We apply for HSMP approval between 04-Apr-06 and 07-Nov-06 so as per your suggestion we will apply for settlement in first week of May , 2015.

One more question, me and my husband are exempt from LIUK test at the time of settlement but at the the time for naturalization do we have give LIUK test or we will be exempt again.

Thanks in advance.

TM

[geriatrix]

No exemption from LITUK for naturalisation.

[tehminamazher]

Thanks once agian.

So in your opinion whats best

1) We should give the LIUK test before settlement and can use it for both settlement and naturalization
2) take exemption for LIUK and give LIUK test near naturalization.

Thanks in advance.


TM