HSMP (JR) -> TIER 1 G -> ILR for DEPENDANT REQUIREMENT

[Armaando]

Dear Members,
Desperately seeking your guidance and advice in good faith. Below is a brief summary of my stay in UK. Currently on a TIER 1 General visa till Mar 23 2018 including my spouse and son.
• HSMP applied and received approval letter Feb 2006
• Entered UK June 2006
• Left UK Feb 2007 on an assignment to EU
• Returned to UK 22 Mar 2014
During the period of Feb 2006 - Mar 2014, My salary was paid in UK bank account by UK firm and maintained tax domicile status in UK with frequent trips to UK but not enough to qualify for ILR.
I have planned for ILR upon hearing the news in 2014 that TIER 1 extension and ILR will be abolished after April 2018 for HSMP and TIER 1 visa holders.
Planned my absence from UK with an aim to apply for ILR under HSMP (JR) in Mar 2018 but the recent change (HC309) Jan 11 2018 took me by surprise and kinda foiled my mission ILR and left me with no choice but to change visa to TIER 2 or something or return back to my native country.

My concerns/Queries:
1) I was hoping to make an ILR application for me and my wife on 22 Mar 2018 as that would have completed 4 years of stay as required under HSMP JR and register my son as British upon successful ILR application and in case i dont get favorable out come on the day from next day my son will be illegal so all my eggs are pretty much in one basket, Is this assumption correct or flawed please advise or guide in the right direction.
2) Will the recent change Jan 11 2018 (HC 309)
a) Applicable to me as my application will be considered under HSMP JR?
b) If yes, is there any way I can navigate around it.
c) If yes, what other option I am left with other then returning back to native country, I have read the guidance suggesting to write the reason if this change impacts me considerably but this leaves me and my family at the mercy of the case worker on the day I rather claim ILR by book after all these years of paying taxes and extensions an honourable ILR is what I am seeking.

Years No of Absences
22 Mar 14 - 21 Mar 2015 180
22 Mar 15 - 21 Mar 2016 173
22 Mar 16 - 21 Mar 2017 168
22 Mar 17 - 21 Mar 2018 73
Please my sincere appeal for help and guidance, Any inputs will be much appreciated.

Many thanks
Armaando

[Armaando]

Anyone,Please provide some guidance.

Thanks

[CR001]

The absence limit does not affect dependents who have held visas and had absence prior to 11th January.

[Armaando]

Dear all,
Can you please point me to the right direction: I am looking for some UKBA literature to understand the HSMP (jr) Dependant - Spouse ILR eligibilty. I have read the FAQs but there is no link or doc to substantiate and i would like to take the doc for appointment with the HO, In case i get a case worker who is not aware of the HSMP history.

Thanks

[CR001]

Not sure if the link below will help.

immigration-for-family-members/dependan ... 14832.html

Or this document.

https://www.gov.uk/government/uploads/s ... review.pdf

This topic below, might be worth a read as it contains links posted by members.

uk-tier-1-general-visas/2018-ilr-rules- ... 72133.html

[Armaando]

Thanks cr001 for your time...The links did helped me and got a clear idea where I am going..Booked a consultation with a solicitor as well..I will let you all know the findings so some one else dont have to spend the money and time looking for similar info.


I have a query though on my application date, Based on the dates below can you please let me know how soon can go for an application. I was not in country prior to 22 Mar 14.
Years No of Absences
22 Mar 14 - 21 Mar 2015 180
22 Mar 15 - 21 Mar 2016 173
22 Mar 16 - 21 Mar 2017 168
22 Mar 17 - 21 Mar 2018 73

Thanks

[Armaando]

Dear Members,
Just back from a meeting with Solicitor who gave me real fright, I am looking to make an application for ILR under HSMP JR (4 Years) and considering my absences below, He said i dont qualify as under JR I am allowed only 180 days of absence during my qualifying period. is this true? If it is then i am in a real soup. please help.
Years No of Absences
22 Mar 14 - 21 Mar 2015 180
22 Mar 15 - 21 Mar 2016 173
22 Mar 16 - 21 Mar 2017 168
22 Mar 17 - 21 Mar 2018 73

Thanks

[CR001]

You cannot have more than 180 days absence in ANY 12 month rolling period.

It is no longer calculated from date of ILR application counting back 12 month cycles.

The rules change recently.

[Armaando]

Thanks CR001!
I understand the recent rule change is for dependents only and applicable if there is a recent extension done after Jan 11 2018 and the absences prior to Dec 2017 will not be considered.
Where as i am talking about the main applicant (Apologies i posted it under dependent thread) and the initial HSMP JR ILR DOCUMENT talks about some thing like 180 days max absence in 4 or 5 years which i believe changed to 180 days in any 12 months in 2012 on wards.
And the calculation of continuous period guide confirms it (Page 9).

https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF


Please let me know if my assessment is wrong?


Thanks

[CR001]

You cannot have more than 180 days absence in ANY 12 month rolling period.

It is no longer calculated from date of ILR application counting back 12 month cycles.

The rules change recently.

This I have posted is relevant to the main visa holder.

[CR001]

Rule changes for PBS route to ILR in link below.

indefinite-leave-to-remain/big-changes- ... 46559.html

You cannot use the "5 x 12 month cycle counting back from date of ILR application" as you have. The requirements now state ANY 12 month ROLLING period.

[lookingforhope]

Thanks CR001!
I understand the recent rule change is for dependents only and applicable if there is a recent extension done after Jan 11 2018 and the absences prior to Dec 2017 will not be considered.
Where as i am talking about the main applicant (Apologies i posted it under dependent thread) and the initial HSMP JR ILR DOCUMENT talks about some thing like 180 days max absence in 4 or 5 years which i believe changed to 180 days in any 12 months in 2012 on wards.
And the calculation of continuous period guide confirms it (Page 9).

https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF


Please let me know if my assessment is wrong?


Thanks

If you are impacted with new rule, have no chance to apply at later stage for ILR and no right to extend your visa; this`may be` treated exceptional but dependent to senior caseworker`s approval, which means there is no warranty. You need to convince that this decision causes exceptionally harsh consequences.

I am at the same boat (will give a try in summer) need to apply for discration and will see what happens.

Respective part from new rule is as below.

indefinite-leave-to-remain/outside-the- ... l#p1587939

[Armaando]

Thanks CR001 & Lookingforhope, As I have a HSMP approval prior to Apr 2006 and my consecutie extensions has been done based on HSMP JR and i believe the below point mentioned in SET O FORM page 21 - EXCLUDES HSMP from this requirement.

6.3 What evidence has been provided to support the reasons for all absences from the UK?
Evidence of all work-related absences (including paid annual leave) is required from those
applying under:
• Tier 1 (General)
• Tier 2 (Intra-Company Transfer)
• Tier 2 (General)
• Tier 2 (Minister of religion)
• Tier 2 (Sportsperson)
• Tier 5 International Agreement
• Permitted employment categories - except Highly Skilled Migrants
If you are in one of these categories, you must not have had absences from the UK of more
than 180 days in any 12 months. For settlement applications made from 11 January 2018, we
consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month
periods. If you believe that this change would cause you exceptionally harsh consequences, you
must set out the reasons in a letter

[Armaando]

Thanks Gurus for your help, I have an ILR appointment next week, Your help will be much appreciated. Bit confused what option to choose in SET O Form Section 3.
I got HSMP approval letter before 3 April 2006 then in 2011 my extension visa was stamped as TIER G..Based on this which category should i choose?
And if there is any down stream impact if i choose TIER 1 G - HSMP JR in section B ?

Section 3 - Which category?
3.1 Please tick one box to show us the category in which you are applying for indefinite leave to
remain and to confirm that you are also applying for a biometric immigration document.
If applying under section A, please note that you will also need to complete the
appropriate questions in section 9.
Section A
->Tier 1 (General) migrant (excluding applicants applying under the terms of the HSMP Forum
Judicial Review Policy Document)

Section B
If applying under section B, please note that you are not required to complete section 9.
->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

Other purposes or reasons not covered by other applications forms

Much appreciated your support so far, Last few steps and then freedom! Please help

Thanks