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SET(O) - T1 (General)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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T1renew
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SET(O) - T1 (General)

Post by T1renew » Sun Aug 09, 2015 5:16 pm

Greeting! My question is about section [Section 12 - Documents] of the form SET(O).

I am 5 years in UK as T1 (General) in full time employment.

What Section shal I choose: [12G Highly skilled migrant] or [12L Tier 1 (General) migrant] - see reference below?
And what documents would be required?

Can you, please, share experience. Much appreciated!

========
REFERENCE:

12G Highly skilled migrant
If you are applying for indefinite leave to remain on completing five years’ continuous stay in the UK under the Highly skilled migrant programme (HSMP) and other appropriate categories, in addition to the relevant documents in 11A, you must provide the following:
- If you are employed, document(s) showing your economic activity and your personal earnings during your stay in the UK.

12L Tier 1 (General) migrant
If you are applying for indefinite leave to remain on completing five years’ continuous stay in the UK made up of leave as a Tier 1 (General) migrant and leave as a highly skilled migrant, work permit holder, innovator, self-employed lawyer or writer, composer or artist, in addition to the relevant documents in 12A, you must provide the following documents:
- Evidence specified in section 9A of this form
- For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.

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Re: SET(O) - Section 12 for T1 (General) only

Post by geriatrix » Sun Aug 09, 2015 8:29 pm

If
T1renew wrote:I am 5 years in UK as T1 (General) in full time employment
is true, then why would you choose
T1renew wrote:[12G Highly skilled migrant]
???

:?
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T1renew
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Re: SET(O) - Section 12 for T1 (General) only

Post by T1renew » Sun Aug 09, 2015 10:19 pm

sushdmehta wrote:If
T1renew wrote:I am 5 years in UK as T1 (General) in full time employment
is true, then why would you choose
T1renew wrote:[12G Highly skilled migrant]
???

:?
and why do you think I shall choose the other one?

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Re: SET(O) - Section 12 for T1 (General) only

Post by geriatrix » Sun Aug 09, 2015 11:27 pm

T1renew wrote:and why do you think I shall choose the other one?
Where did I say you should?

Read 12L carefully. Does it apply to you, given that you stated:
T1renew wrote:I am 5 years in UK as T1 (General) in full time employment.
Life isn't fair, but you can be!

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Re: SET(O) - Section 12 for T1 (General) only

Post by T1renew » Mon Aug 10, 2015 7:11 am

sushdmehta wrote:Where did I say you should?
Before I asked here, I read both 12g/l very carefully, and did some research. And it is still not clear.

If you know the answer, please share and reason it - I will appreciate.
If you do not, then, please, do not pretend you do just by asking questions - I already asked these questions myself.

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Re: SET(O) - Section 12 for T1 (General) only

Post by ashehzi » Mon Aug 10, 2015 9:32 am

Hi,

I am in same situation as you and using option "12L Tier 1 (General) migrant".

Regards

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Re: SET(O) - Section 12 for T1 (General) only

Post by T1renew » Mon Aug 10, 2015 9:39 am

ashehzi wrote:same situation as you and using option "12L Tier 1 (General) migrant".
Thanks, ashehzi. So you treat "and" in 12L as if your other categories were NIL and no additional information is required?

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Re: SET(O) - Section 12 for T1 (General) only

Post by ashehzi » Mon Aug 10, 2015 10:15 am

Under 12L:

I have ticked only "Evidence specified in section 9A of this form"

I didn't check/tick "For the period you were granted leave as Tier 1 (General) migrants, documents showing that you met the relevant requirements of the immigration rules".

However, I do have P60s and P45 with me which I intend to take along in case it is being asked.

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Re: SET(O) - Section 12 for T1 (General) only

Post by T1renew » Mon Aug 10, 2015 10:28 am

ashehzi wrote:I didn't check/tick "For the period you were granted leave as Tier 1 (General) migrants, documents showing that you met the relevant requirements of the immigration rules".
Appreciate a lot. When do you plan to go? Would you share the results? I wish you all the best!

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Re: SET(O) - Section 12 for T1 (General) only

Post by geriatrix » Mon Aug 10, 2015 11:11 am

Reading carefully helps!
T1renew wrote:12L Tier 1 (General) migrant
If you are applying for indefinite leave to remain on completing five years’ continuous stay in the UK made up of leave as a Tier 1 (General) migrant and leave as a highly skilled migrant, work permit holder, innovator, self-employed lawyer or writer, composer or artist, in addition to the relevant documents in 12A, you must provide the following documents:
- Evidence specified in section 9A of this form
- For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.
Note the use of "and" (highlighted in bold and underlined). Now, did you have any leave other than Tier 1 (General) in the qualifying 5 years?If not, why would 12L apply to you?

I ask questions because the answers are self-evident, should someone make an effort to read carefully.The sentence is in simple plain English.
Life isn't fair, but you can be!

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Re: SET(O) - Section 12 for T1 (General) only

Post by T1renew » Mon Aug 10, 2015 11:28 am

sushdmehta wrote:Reading carefully helps! ... The sentence is in simple plain English.
Actually, not. SET(O) was not written by a scientist or a clear thinker at minimum. But rather by a local "shakespeare" so the document is opened for interpretations.

To answer your question about 12L - "and" you highlighted can be applicable to any term including NIL.

And on the similar note re 12G - it says: "and other appropriate categories", so why T1 General may not be considered as such?

Therefore, my question was not about how one can interpret it, but how the HO does better based on their personal experience.

Unless you are a lawyer and your provide here a legal advice, do you? Please, confirm.

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Re: SET(O) - Section 12 for T1 (General) only

Post by argus7 » Mon Aug 10, 2015 11:54 am

It does not matter whether you check 12L or NOT 12L , In both cases it makes sense.

I got my ILR 2 months back before selecting any in Section 12, except 12A

Hope this helps.

Thanks,

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Re: SET(O) - T1 (General)

Post by T1renew » Mon Sep 14, 2015 1:10 pm

I received ILR today - it took approx 60 min in Croydon.

ILR given till end of 2024, i.e. for less than 10 years. the clerk said this is normal practice.

Is it?

FYI: I have chosen section 12L Tier 1 (General) migrant and ticked only one box in it.

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Re: SET(O) - T1 (General)

Post by CR001 » Mon Sep 14, 2015 1:33 pm

T1renew wrote:I received ILR today - it took approx 60 min in Croydon.

ILR given till end of 2024, i.e. for less than 10 years. the clerk said this is normal practice.

Is it?

FYI: I have chosen section 12L Tier 1 (General) migrant and ticked only one box in it.
Providing you are not absent from the UK for 2 or more years, ILR is indefinite. It is the BRP card that is renewed (like a bank card, drivers licence, passport, etc).
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Re: SET(O) - T1 (General)

Post by T1renew » Mon Sep 14, 2015 2:13 pm

CR001 wrote:
T1renew wrote: Providing you are not absent from the UK for 2 or more years, ILR is indefinite. It is the BRP card that is renewed (like a bank card, drivers licence, passport, etc).
yes, thanks for the correction - the Card expiration date is less than 10 years from now in case this matters to anybody.

good luck to all of you!

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