good news for HSMP JR dependants

[fora]

At last i received positive response from UKBA today:


Dear xxx,

Thank you for your reply.

Please accept my sincere apologies for the initial misinterpretation of your enquiry.

Please be advised that with regards to the HSMP dependant, under the terms of the HSMP Forum Ltd High Court judgment, although they are technically a PBS dependant this has only occurred because the main applicant was pushed into this type of leave as the result of the 2006 Rules changes. As such they should be treated as a HSMP dependant and and will be eligible to apply for Indefinite Leave to Remain in line with the main applicant rather than being required to complete two years first as is required under the Tier 1 (General) of the Point Based System.

I hope that this information will be of assistance to you.

Yours sincerely ,
Amrit Haria
Immigration Group
UK Border Agency
u can print out this letter to take it to PEO
good luck

[Son_of_Soil]

At last i received positive response from UKBA today:
Hello Fora
Thats is indeed a good news . I was very concerned fot my wife who joined me in decemeber 2010. Atlesat now i can relax.

Thanks a lot.

#

Dear xxx,

Thank you for your reply.

Please accept my sincere apologies for the initial misinterpretation of your enquiry.

Please be advised that with regards to the HSMP dependant, under the terms of the HSMP Forum Ltd High Court judgment, although they are technically a PBS dependant this has only occurred because the main applicant was pushed into this type of leave as the result of the 2006 Rules changes. As such they should be treated as a HSMP dependant and and will be eligible to apply for Indefinite Leave to Remain in line with the main applicant rather than being required to complete two years first as is required under the Tier 1 (General) of the Point Based System.

I hope that this information will be of assistance to you.

Yours sincerely ,
Amrit Haria
Immigration Group
UK Border Agency
u can print out this letter to take it to PEO
good luck

[mastiger82]

well done and very good news...

Shall I also send email and get the reply and print it out... or your email will do the job.

anyway.... well done and thanks so much for your effors.

Can you please tell me exactly what did you put under subject:

thanks

[fora]

i have written to them:
Dearxxx,
thank you very much indeed for your responses but
I tend to think that my husband falls under the rules which are stated in :"Indefinite Leave to Remain in closed categories" -valid from 11 August 2011.
I am not PBS migrant , My HSMP is a closed visa category and falls under the cosession outside the immigration rules irrespective that it is called Tier1 . On the page 98 of the above document it is said that my spouse must be assessed under par. 196D of the immigration rules.
( but not under paragraph 319A-319K for the spouses of PBS migrants).

In this pagagraph( 196D) there is no 2 years cohabitation requirement for a spose.

Moreover this requirement ( 2 year cohabitation)was introduced recently . HSMP JR are not subject to any retrospective changes of the immigration rules ,Am I right?.