Am I HSMP under JR or Tier 1 under JR - foxed!

[tryinghsmp]

I came to UK under HSMP, got FLR under the terms of JR (2years + 3 years),
The letter I received from Home Office when I got in FLR, says that my case was "considered under the terms of the HSMP JR" and I am "eligible to apply for ILR as a participant of the HSMP / Tier 1 (General) Scheme".
In my passport on the residence permit for FLR it says : Tier 1 (General)
What is not clear to me is that when I apply for ILR, do I apply as:
Tier 1 (Genaral) under the terms of JR
or as
HSMP under the terms of JR
Any guidance would be greatly appreciated

[Lucapooka]

You will be considered under the terms of the HSMP Judicial Review..

[tryinghsmp]

Thanks so much for your input.
You do seem very sure about this, but I am still a bit worried, could you please provide more details from where we can get this confirmation.

[Lucapooka]

You do seem very sure about this, but I am still a bit worried, could you please provide more details from where we can get this confirmation.

Yes, of course. You can get it here:

The letter I received from Home Office when I got in FLR, says that my case was "considered under the terms of the HSMP JR" and I am "eligible to apply for ILR as a participant of the HSMP / Tier 1 (General) Scheme".

[Lucapooka]

HSMP Forum judicial review (settlement in the United Kingdom)

[geriatrix]

I would be grateful if you could confirm to me which form should be used for my son who is an over 18 dependent.
I am covered under HSMP JR.
I had read somewhere that the over 18 dependent should apply along with the main applicant using a separate Set 0 form. Is my understanding correct. many thanks for your guidance

[geriatrix]

Would over 18 yrs child need to apply on SET(F) or FLR?

[tryinghsmp]

Many thanks for the guidance and advise on various points so far.
I have been considering to take a PEO appointment for ILR under JR, but one thing has caught my attention:
I have a over 18 dependent (son) for whom I am completing the separate Set O form, and will be paying the fee for him,

When we got the FLR 2 years ago, for my son, we also received a letter from the Home Office which stated that since my son was over 18, his application could not be approved within the immigration rules. Then it went on to say "that the secretary of state is satisfied that so and so is your defendant" . Then it said that this was approved "outside the immigration rules". His visa stamp says Tier 1 dependent over 18.

I am worried about the text "outside the immigration rules". and noted that there are restrictions on which cases can be handled through the PEO.

Bottom line, can I go ahead and request for a PEO appointment, and will they consider my sons application at the PEO?

[geriatrix]

can I go ahead and request for a PEO appointment, and will they consider my sons application at the PEO?

Yes.

I believe you will need to book a family appointment and include your son (in question) as one of the dependant(s).

[farah]

During the online booking process there are instructions that family appointment cover spouse and children under 18 years included in the application of main applicant.

[farah]

Many thanks for the guidance and advise on various points so far.
I have been considering to take a PEO appointment for ILR under JR, but one thing has caught my attention:
I have a over 18 dependent (son) for whom I am completing the separate Set O form, and will be paying the fee for him,

When we got the FLR 2 years ago, for my son, we also received a letter from the Home Office which stated that since my son was over 18, his application could not be approved within the immigration rules. Then it went on to say "that the secretary of state is satisfied that so and so is your defendant" . Then it said that this was approved "outside the immigration rules". His visa stamp says Tier 1 dependent over 18.

I am worried about the text "outside the immigration rules". and noted that there are restrictions on which cases can be handled through the PEO.

Bottom line, can I go ahead and request for a PEO appointment, and will they consider my sons application at the PEO?

I think case worker made mistake which sould be rectified this time.

[tryinghsmp]

Thank you so much for your replies.
When I do the online booking for the family, will there be an option to include the 0ver 18 dependent in the same appointment. That isn't too clear to me yet

[tryinghsmp]

I was able to get the answer to my above query through previous posts, but I really wanted some thoughts from moderators and senior members on the letter which we received when my son (over 18 at the time) received the FLR in 2008, which was addressed to him. The last para of the letter reads:
"in making the decision to refuse your application, careful consideration has been given to the following:
- on sep2007 you were granted leave to enter UK as dependent of an HSMP migrant
Your application has been considered outside of the immigration rules. As you are not a dependent child over 18 who was previously given LTR as a dependent child, para 319H(c) prevents you being granted within the rules. However in view of the information you provided, secretary of state is satisfied you are a dependent of...You are therefore granted leave outside the immigration rules.

The visa on the passport is stamped over 18 Tier one dependent

I think we got this because he was already over 18 when he first came to the UK as dependent.

I am now concerned on the submission of ILR for my son. Any thoughts or feedback would be appreciated. Can we do PEO service for him? Has anyone else received a letter like this for their over 18 dependents at the time of FLR?

[geriatrix]

What was your son's age when he applied for entry clearance as dependant of HSMP migrant before entering UK for the first time under the said category?

[tryinghsmp]

Hi sushdmehta my son was actually 18 when he got the initial EC . The ECO was aware that he was 18 but told us that he had discussed with his Manager and they had decided to give him EC as an HSMP dependent. This was pre Nov 2006.

[farah]

Hi sushdmehta my son was actually 18 when he got the initial EC . The ECO was aware that he was 18 but told us that he had discussed with his Manager and they had decided to give him EC as an HSMP dependent. This was pre Nov 2006.

It would be first such case of over 18 years dependent child given entry clearance. Book appointment for him as well around the same time as your.
There is a possibility that he would be granted ILR at PEO. I know a case where a HSMP participant booked appoinment under Tier I (Extension).
But case worker told him that he falls under HSMP and he can not avail same day service. Case worker asked him to file postal application and started preparing refund voucher of fee paid at PEO. He argued with case worker and was than dealt by a senior case worker. He was given extension.
I think they have very vast discretion and your son is already enjoying that.

[tryinghsmp]

Hi Farah thank you so much for your reply I am quite worried for my son. I have all the evidence that he is financially and emotionally dependent on his parents, and lives in the same house. Actually when we got the initial EC the ECO gave us his and his managers names, saying if he had problems in entering uk we could give their names, so yes they were indeed very kind and understanding.
But now for ILR , I do know his passport is stamped as "HSMP dependent" for the initial entry clearance . The FLR is stamped "Tier 1 dependant over 18"
Do you think I should enclose the letter we received when we got FLR which indicates he was granted leave outside rules, or should we not draw attention to that specifically and go with the fact that the FLR in his passport clearly specifies him to be a dependant?
Any further thoughts, or advise on this would be really appreciated.
Kind regards

[tryinghsmp]

Received ILR today under JR (pre nov) Including over 18 dependant