Immigrationboards.com

Hi,

This is my first post on this forum

I was employed by my Co from Aug 2007 and I held a valid work permit from that day. From Nov 2010, I switched to Tier 1 General Migrant category. In Aug-Sept 2012, I complete 5 years of employment in the UK by a combination of Work Permit and Tier 1.

I am aware that I need to fill in the SET (O) form. In that form, there is EITHER an option for Tier 1 OR Work Permit. How do I make the case worker aware that my case is a COMBINATION of both? Should I include a good cover letter in that page and explain the case? Also, which immigration rules will apply for me? Will it post April 2010 rules (since I swithched to Tier 1 from Nov 10) or will it be OLD rules in 2007 (that is when I started my work on a Work Permit). Neither of the rules pose a problem but I would just like to know that is all.

send2archan wrote: I am aware that I need to fill in the SET (O) form. In that form, there is EITHER an option for Tier 1 OR Work Permit.
1) How do I make the case worker aware that my case is a COMBINATION of both?
2) Should I include a good cover letter in that page and explain the case?
3) Also, which immigration rules will apply for me? Will it post April 2010 rules (since I swithched to Tier 1 from Nov 10) or will it be OLD rules in 2007 (that is when I started my work on a Work Permit). Neither of the rules pose a problem but I would just like to know that is all.

1) Note that it's your current immigration status that matters & what you would select in the SET(O) form, i.e. in your case this would be "Tier 1 General migrant" & NOT "Work Permit Holder".
Providing the evidence requested below in the SET(O) application form is intended to provide the UKBA additional information on your immigration status throughout the entire 5 year residency period.
Page 42: For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules.
2) Though a cover letter is not explicitly required for this, you can include one if it helps explain your circumstances better.
3) The rules that applied when you switched to Tier 1 will apply for your PBS assessment.
Note: If you were on an old style WP (i.e. prior to the Tier PBS based application system was introduced) then you wouldn't have gone through a PBS assessment for your initial WP. So unless I've misunderstood your 3rd question, there can only be one set of rules that would apply to you anyway & that would the Tier 1 General rules.

Also see the following FYI:
http://www.immigrationboards.com/viewto ... ht=#477266

Hi cs95. Many thanks for the reply. I really appreciate this.

Let me clarify my 3rd point. When I was employed by my Co in 2007 I think there was HSMP and NOT Tier 1. At that time, my current employer SPONSORED my work permit and that is how i got my Work Permit to work in the UK. If you look into page 19 of the SET M form you will note that the first section talks about rules before 6 April 2010. If you scroll down then you will note NEW rules post April 2010.

send2archan wrote:If you look into page 19 of the SET M form you will note that the first section talks about rules before 6 April 2010. If you scroll down then you will note NEW rules post April 2010.

Ok, its not just the dates you need to look at when reading these instructions, you need to look at the immigration category(ies) the rules apply to as well.

Applications for indefinite leave to remain where an applicant has had leave as a Writer, Composer or Artist, Self-employed lawyer, or as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010

Applications for indefinite leave to remain where previous leave as a Tier 1 (General) Migrant was granted under the Rules in place on or after 6 April 2010

In any case, the answer I provided previously remains the same. The rules that applied to you when switching from WP to Tier 1 are those that you need to use for your ILR PBS.

Many thanks

I also had an FLR M related question which I will post in the family member section.

Thanks for ur advise

Btw cs95, can u recommend a lawyer who can help me with assembling the documents? I know I can simply do google search but was wondering if u can recommend anyone? I am not looking to spend a lot to be honest.