Applying for ILR - 2006 hsmp approval - confused

[a-s]

Hi,

We are a family of four. My HSMP application was approved in June 2006. I don't remember the exact date I made the application but I do remember I receved an approval within 1 month.

We applied for our visas together as family and our visas were approved in August 2006 (initially for 1 year). My husband and I entered UK for the first time in Sept 2006. I then went back and brought the kids over in Nov 2006.

We applied for visa extension under the 'transitional arrangements', and we were given visa extension for 4-years, until Aug 2011.

We are now applying for our ILR (together) and have the following questions:

1. Should we apply ILR on Set(O) form in the 'highly skilled migrant' category or the 'highly skilled migrant - judicial review policy'?
(I'm assuing its the first one as we got visa extensions for 4 years and not 3?)

2. Our visas will expire in 3rd week of August 2011, can we apply for ILR now on the basis of 5 year qualifying period or should we wait until after 3rd week of July?
(I'm referring to the clause: "Please do not send your application more than 28 days before the end of your qualifying period").

Since Nov 2006 we've been outside UK for only 1 month, on a trip back home.

I would be grateful if someone can help.

Thanks.

[rajesh_kumar01]

it looks like you had applied your HSMP before April 2006 that could be the only reason they gave you Visa for a Year. So I would advise you to check your letter also when did you send your application to them.
If you applied your HSMP before April 2006 then you will get your ILR back dated and you may be able to apply for Citizenship this year itself..

[geriatrix]

1. HSMP - JR policy.
2. On what date did you enter UK (in 2006)?

[a-s]

it looks like you had applied your HSMP before April 2006 that could be the only reason they gave you Visa for a Year. So I would advise you to check your letter also when did you send your application to them.
If you applied your HSMP before April 2006 then you will get your ILR back dated and you may be able to apply for Citizenship this year itself..

We definitely applied after April 2006 as I've now found a couple of letters from our original hsmp application and these were signed in beginning and mid May 2006. Besides I remember our hsmp application was approved in less than a month. Our hsmp approval letter (by Home Office - Work Permits UK) is dated 27 June 2006. So I think we applied in end of May and got the approval in end of June or early July 2006. But yes our visas were initially approved for only 1 year (until Aug 2007).

[a-s]

1. HSMP - JR policy.
2. On what date did you enter UK (in 2006)?

We got visas approved in end of Aug 2006 and we entered UK for the first time on 19 Sep 2006.

[mk357]

1. HSMP - JR policy.
2. On what date did you enter UK (in 2006)?

We got visas approved in end of Aug 2006 and we entered UK for the first time on 19 Sep 2006.

You could apply for ILR anytime after 23 August i.e. upto 28 days before 19 Sept., the date when you first entered in the UK.

[a-s]

I've been reading the UKBA website and I think we fall in the following category however the problem is that we got first entry clearance for only 1 year and not 2 and then an extension for 4 years and not 3.

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Migrants who applied to the highly skilled migrant programme between 3 April 2006 and 7 November 2006

This page explains the arrangements we have put in place for migrants who:

- received an HSMP approval letter on the basis of an application submitted between 3 April 2006 and 7 November 2006, and obtained entry clearance or permission to stary in the United Kingdom (also called 'leave to remain' or LtR) on the basis of that letter;
- have completed at least five years' continuous residence in the United Kingdom in a qualifying category; and
- want to apply to settle in the United Kingdom.

You fall into this group if:

- you were initially granted entry clearance or permission to stay in the United Kingdom for two years under the HSMP requirements; and
- you then extended that initial permission by a further three years (unless you had already completed sufficient continuous residence in a different immigration route which can be amalgamated for settlement purposes).

When you have completed at least five years' continuous residence in the United Kingdom in a qualifying category, you can apply for settlement using the SET(O) application form. You can download the application form and guidance notes from the right side of this page.

We will consider your application against the settlement requirements described in paragraph 27 of the policy document, which you can download from the right side of this page. To be granted settlement, you will need to have spent a continuous period of five years lawfully in the United Kingdom in a qualifying category. However, you will not need to meet the 'knowledge of language and life in the United Kingdom' requirement, as this was not part of the settlement requirements when you first applied under the HSMP.

Please note that, if your application falls for refusal under the General Grounds for Refusal in paragraphs 320-322 of the Immigration Rules, we will refuse it even if it otherwise qualifies under the terms of this policy. This might happen, for example, if you have broken United Kingdom immigration law or have a criminal conviction.

http://www.ukba.homeoffice.gov.uk/worki ... er-remain/

--------------------

[a-s]

1. HSMP - JR policy.
2. On what date did you enter UK (in 2006)?

We got visas approved in end of Aug 2006 and we entered UK for the first time on 19 Sep 2006.

You could apply for ILR anytime after 23 August i.e. upto 28 days before 19 Sept., the date when you first entered in the UK.

But our current entry clearance ends on 21 Aug 2011.

Our first entry clearance, for the period of 1 year was stamped on 21 Aug 2006. Then it was extended for 4 years (on 08 Aug 2007) and the current leave ends on 21 Aug 2011, after exactly 5 years.

[rajesh_kumar01]

Why don't you call HO and check with them rather playing on your memories if you don't have any documentary proof ?

As I know they had stopped 1+3 Years HSMP before 6 April 2006 and after that they were issuing 2+3 years HSMP. I got HSMP in June 2006(had applied in May 2006) and I was given 2+3 Years(initially 2 years) then why will they discriminate you ? Why will they give you 1+4 years when that scheme was already stopped and they were issuing 2+3 years HSMP ? Think and search for document if you don't find call home office then will tell you..

good luck

[geriatrix]

Apply for settlement before your current leave expires and request that the application be considered in line with the following:

2.2 Applications that fall short of the five year continuous period

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

[mk357]

a-s is right. I also got my HSMP visa post 3 April 2006, initially for 1 year which was later extended for 4 years. Its not discrimination but the countries where it was applied from. For some countries it was 2+3 years and for others it was 1+4 years but both are covered by the HSMP JR anyway as both applied under the same terms and conditions. I think the caseworkers have the discretion to give you leave even if you fall short of the required period (5 years) by upto 3 months. If you apply in the last week of your visa validity then by the time your application is referred to a case worker you would be well within time. Or alternatively you can send your passports for date correction (check this form). Or you could send an application for extension of you visa in August and if it is not decided by 23 of August then change the application to ILR and pay the difference in fee. UK BIA do accept change in application type till such time a decision is made on the original application.

[khalidmirza]

1. HSMP - JR policy.
2. On what date did you enter UK (in 2006)?

We got visas approved in end of Aug 2006 and we entered UK for the first time on 19 Sep 2006.

You could apply for ILR anytime after 23 August i.e. upto 28 days before 19 Sept., the date when you first entered in the UK.

But our current entry clearance ends on 21 Aug 2011.

Our first entry clearance, for the period of 1 year was stamped on 21 Aug 2006. Then it was extended for 4 years (on 08 Aug 2007) and the current leave ends on 21 Aug 2011, after exactly 5 years.

It is a very tricky situation. I will explain briefly. Who can remember when the first application was posted five years back. Apparently one year visa was granted to Pre April 2006 applicants. After 3rd Apr 2006 Two years visa was supposed to be issued.
Unfortunately some British High Commission overseas issued one year visa even to those who applied after 3rd Apr 2006. This is acknowledged as mistake by the UKBA. Therefore your case is basically Apr-Nov category which needs 5 years stay. Although I have been requesting on this forum that these applicants should be given ILR after 4 years as it was UKBA which issued one year visa in line with those of pre Apr 2006 applicants but there is not much response.
Now in your particular case you fall short by couple of days if you count 28 days before your entry in UK. However you can apply earlier than 28 days as long as this period does not exceed 3 months. Refer immigration directorate instruction annex b of chapter 6A Settlement
2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have
spent 5 years continuously in the UK before their current leave expires. Caseworkers may
count the period between entry clearance being granted and the date the applicant entered
the UK towards the 5 years, provided this period was not longer than 3 months.

[mk357]

Hi Khalid, It is wishful thinking for us to get ILR after 4 years. I would personally deliver to you a box of chocolates if that could happen.

[khalidmirza]

Hi Khalid, It is wishful thinking for us to get ILR after 4 years. I would personally deliver to you a box of chocolates if that could happen.

Hi MK357. Thanks for the offer. But this group of Apr-Nov 2006 has suffered the most in all categories. They were given one year visa instead of 2 years. Those whose entry in Uk was delayed due family reasons(which UKBA now accepts up to 3 months) they were mostly refused extension due 7th Nov 2006 changes for scoring points. How a new comer start making so much wage in less than 9 months which locals even do not make in 18 months. This poor group had to face refusals, leave the country, or spent money in fighting courts cases or switch visa categories. Does some one have a heart to at least sympathies with this group

[mk357]

Hi Khalid,
I agree with you 100%. I faced the same situation you mentioned. I had to show the earnings for the full one year in 9 months. I considered myself lucky as I got the job within 7-10 days of my arival and which fulfilled the earning criteria but there could be many others that didn't. The 1 year initial visa was really tough on all of us.