HSMP Forum's email to the Home Office and their reply dated 21st Nov 2013

----- Forwarded Message -----
From: Amit Kapadia <amit@hsmpforumltd.com>
To: Knowledge Of Life Policy Queries, Home Office
Cc: work operational policy; Family Ops Policy Mailbox

Sent: Thursday, 21 November 2013, 10:10
Subject: Re: FWD: ILR for dependents under HSMP Forum Judicial Review (Urgent)]

 Dear Ann,

Thank you. I note that the migrant's family in question needs to use SET (O) and not SET (M) form in this matter and the need for an explanatory note. I must remind the Judicial Reviews outcome and the remedy provided is not at the discretion of the Home Office, but a necessity to obey the Court Orders and Judgments.

The Rules should be clear enough for individuals without any ambiguity. I hope the forms will be clarified on this matter where required.

I appreciate the effort made to accommodate those covered under the Judicial Reviews and the reasonableness shown.

Kind Regards,

Amit

Yours sincerely,

Amit Kapadia
Executive Director (Chairman)
HSMP Forum
www.hsmpforum.org

 

----- Forwarded Message -----
From: Knowledge Of Life Policy Queries, Home Office
To: "'amit@hsmpforumltd.com'" <amit@hsmpforumltd.com>
Cc: work operational policy; Family Ops Policy Mailbox
Sent: Thursday, 21 November 2013, 9:18
Subject: RE: FWD: ILR for dependents under HSMP Forum Judicial Review (Urgent)]

 

Dear Sir,

Requirements for settlement for the dependants of HSMP migrants are covered by paragraph 196D of the Rules, which apply to the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K). HSMP migrants were covered by 135A-135HA. There is no exemption within the Rules for the migrants of HSMP migrants to meet the KOLL requirement for settlement, although they can be granted leave in line with the main dependant as per the terms of the HSMP JR judgement, provided the main applicant is applying under Appendix S. Appendix S of the Rules states: 19. Dependants of migrants in the categories covered by this appendix will be granted leave in line with that granted to the main applicant in this appendix.

Although the rules are silent in regard to the English language requirement for dependants, in practice, discretion has been applied to applications from HSMP dependants applying for settlement. For dependants applying after the main applicant has obtained settled status, and is therefore no longer an HSMP migrant, provided the main applicant had applied as an HSMP migrant under Appendix S, this discretion will still be applied. The correct application form would be the SET(O), ticking ‘Other’ box on page 9 which requires the applicant to tick the appropriate category under which they are applying. It would be helpful also if the applicant provided a brief explanatory note.

I trust this answers your question.

Regards

Ann

Ann Woodall | Nationality Operational Policy| Operational Policy & Rules Unit|Immigration and Border Policy Directorate | Home Office

-------- Original Message --------
Subject: ILR for dependents under HSMP Forum Judicial Review (Urgent)
From: <amit@hsmpforumltd.com>
Date: Thu, November 14, 2013 4:32 am
To: Kate Carr, Deputy Director, Home Office

Dear Kate,

I was approached by a migrant with a query on Indefinite Leave to Remain (ILR) application for his dependents (spouse and children) under the HSMP Forum Judicial Review policy document and there were some confusing messages given by the UKBA customer services. His dependents are still on a valid leave to remain obtained as dependents of an HSMP migrant although the main applicant obtained his ILR few days back.

The HSMP Forum Policy Document states at para 54 that “the immigration status of dependants of migrants in the categories covered by this policy will follow that of the principal applicant” http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/hsmpjudicialreview.pdf

The dependents now wants to apply for their ILR. The new SET (M) form does not state anything in terms of dependents applying under the Judicial Review policy document. Can you please advise which will be the right form for them to use to obtain their ILR?

I would appreciate an early response as their visa seems to be expiring soon.

Kind Regards

Amit

Yours sincerely,

Amit Kapadia

Executive Director (Chairman)
HSMP Forum
http://www.hsmpforum.org/

 

 

 
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