----- 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/