ILR for HSMP suspended (temporarily)

[kiwi_in_the_uk]

Good suggestion on contacting the HSMP forum about this, shall update once I hear from them.

Hi Kawasaki - just wondered if you'd heard anything from HSMP forum on this - hopefully they can do something, given that one of their requests to the HO following the JR was that all affected HSMP people could go to PEO without extra fee - not removing the right for everyone!

[kawasaki1]

Nada. Just saw they have a phone number also so will phone later today.

[jazzmann]

hearing from the Home office call centre all ILR applicants who at some stage were on HSMP are being turned away for appointment currently according to the current notification and will be able to proceed on or after 22nd may.

Also hear the mention of this issue being discussed in parliament with no hope of this being resolved prior to 21st may 09.

Any news from HSMP forum ltd.

Any thing some one has heard on why all HSMP applicants post 3rd April are being turned away also.

[netacct]

Whatever may be the reason for not processing the ILR appllications until 20th may.

But its REALLY FRUSTATING that they are turning the candidates when they turn up for the appointment rather than informing them by phone/post/mail.

They are still doing the same thing and turned away my friend when he reached the PEO on Friday 08 May.

Are we living in a banana republic now?
Skilled immigrations did not cause credit crunch and recession?

[satish.pand]

I have an appointment with Birmingham PEO on 15/May. This is for my ILR.

My immigration status has been WP(2004) --> HSMP(2007) --> Tier1(currently).

Please advise whether I can travel to birmingham or try to book an appointment on a later date.

[kawasaki1]

Based on this reply you might be turned away, best call them and check so you dont waste your time:

Dear Sir,

Thank you for your enquiry.

Please be advised that the premium service enables the individual or representative to get their decision on the same day if the application is straightforward and complete. However, UK Border Agency does not guarantee the outcome of the application on the same day. Due to recent HSMP Judicial Review all applications for Indefinite Leave to Remain with elements of HSMP are deemed further consideration. You will be contacted by the caseworker in due course.

Yours faithfully,



Immigration Group
Border & Immigration Agency

[jazzmann]

[quote="satish.pand"]I have an appointment with Birmingham PEO on 15/May. This is for my ILR.

My immigration status has been WP(2004) --> HSMP(2007) --> Tier1(currently).

Please advise whether I can travel to Birmingham or try to book an appointment on a later date.[/quote]


Might be worth confirming from home office but the last i heard they were turning away all applicants which had HSMP at any stage until 21st may 09

[satish.pand]

I just gave a call to case worker and he has mentioned that I can go to premium service appointment for ILR on 15/May.

Confused???? Has anyone tried making a call to HO in this regard.

[satish.pand]

Gave a call to another case worker and she has advised me to cancel the appointment and apply thro post.

It's shocking to see the poor quality of service.

[f2k]

looks like the HO wants to use up all the 42 days that the court order gave them. Its rather strange that the HO did not advise anything officially about this 'embargo' on HSMP ILR applications. The fact that they are also not taking applications from those with 5years stay suggests that the are considering 'retrospective' ilr or possibly refunds of some sort for those who were unlawfully forced to apply for extension.
Certainly hope that after May 20 when the release the new policy that PEO applications will still be available for HSMP applicants.

[justice_will_reign]

looks like the HO wants to use up all the 42 days that the court order gave them. Its rather strange that the HO did not advise anything officially about this 'embargo' on HSMP ILR applications. The fact that they are also not taking applications from those with 5years stay suggests that the are considering 'retrospective' ilr or possibly refunds of some sort for those who were unlawfully forced to apply for extension.
Certainly hope that after May 20 when the release the new policy that PEO applications will still be available for HSMP applicants.

... they have less than 1 week more to go, the count down is on!

[rg1]

Is this ILR in-person cancelled for HSMP only or both HSMP and Tier 1?

I have been on 4 yr WP + 1 yr Tier-1 and have booked personal ILR appointment in mid June.

Can I still go?

[kiwi_in_the_uk]

Wait until the 20th. New rules are supposed to come out then.

[rg1]

I checked with HO.

It is affecting only those who had HSMP at some point in time.

Not affecting Tier-1 migrants.

[kawasaki1]

Update: they have unfrozen ILR apps for HSMP holders who are NOT affected by the JR.

Apparently my passport was stamped and posted today. So my in-person PEO appointment was 5th May which makes it around 2 weeks turnaround.

[tech]

Congrats on your ILR. Can you please share your documentation details you have enclosed with your application epsecially for HSMP part ?

[kawasaki1]

Case is 4 year WP (employed) 1 year HSMP (self employed).

All she was really keen on was the P60s during my employment. Since my last P60 was for April 2008 she then wanted all the payslips since then. I explained I left my job in June 2008 so she was happy with the April to June payslips and P45.

Afterwards it took her a while to understand I was self employed from then on and wanted to see my personal bank statements for the last three months. She was happy I had three regular payments. I did plan for this and made sure I pay myself dividends with same amount and same date in the three months before application.

She refused my offer of LTD company registration certificate, business accounts, invoices, dividend vouchers etc. She did however take a letter from my accountant and current contract.

In the end it was straight forward but I would advise if you are self employed to make sure your salary/dividend payments are regular in the 3 months before application as it ticks a box for them. Seems to me they don’t quite understand about how self-employed people with LTD companies operate so if you can make it dead simple for them it helps. (I know some people pay irregular dividends with irregular amounts which I am sure would totally confuse caseworkers).


I was also pleasantly surprised that they actually phoned me to say passport is ready and whether I would prefer it to be posted or picked up in person.

[Sten]

kawasaki1, thanks a lot for your feedback !

Could you clarify this:

- Did you identify yourself as a self-employed or as an employee in the form ?

- What do you think, if you were paying yourself only minimum salary (e.g. £500pcm) once a month and no dividends, would it cause any problems (I dont think there is any minimum earnings threshold, just activity criteria) ?

- What was in the letter from accountant, if you could post the text removing your personal details, that would really help !

- Bank statements - how far to the past they wanted to see, 3 months, a year, 4 years ?

Thanks again.

[tech]

kawasaki1. Thanks for the info. Can we present payslips and bank statements instead of P60 ?


"Economic activity" is high level term.They define it quite clearly for Tier 1 or HSMP applications on kind of evidence that will be accepted. which makes the whole process close to objective with little room for discretion.

For ILR,it is quite clear for employed but not clear for contractors, self employed or people employed by their limited companies.(income made as Dividend + Salary etc) .

As you have said, caseworker didn't want dividend voucher, business bank statements or invoices which are key piece of evidence to show progress of business if you are self employed.

It looks like accountant letter and employment contract are accepted widely these alone is not enough. The common approach is to carry evey thing in hand and supply requested one.

It is all down to caseworker to decide what is acceptable piece of evidence which brings in lot of subjective assesment .

[kawasaki1]

Sten,

1. Self-employed even though most of my 5 year stay was not self employed
2. Not sure but I think it doesnt matter on the amount and whether its salary or dividend as long as payments seem regular (only from my experience so dont take as gospel)
3. Accountant letter: I will post this later once I get the docs back as I cant remember exactly all the points I asked him to put.
4. They only wanted last three months but I had last year with me.

Tech,

The whole process is VERY subjective. She did ask what proof I have of economic activity during employment part of stay and I said bank statements/payslips and P60s but all she wanted was P60s. For self employment I had no P60s so she was happy with the recent contract and accountant letter. I suspect bank statements and payslips should be fine too. Like you say, carry more than needed is definitely a good strategy.

[vlplondon]

Have just been to Croydon PEO. As of last week they have suspended ALL ILR applications if all or part of your stay includes HSMP. This applies even if your HSMP is not affected by the current JR (i.e. got it after 2006). Anyone turning up for an appointment is being turned away an

After arguing with the manager I managed to convince them to process my application but then hold the passport until they have guidance on stamping. They have no idea how long that will take or whether it will be any quicker than if I had applied by post. All other HSMP ILR appointments are being turned away.

Ridiculous.

Hi Kawasaki1,

Have you got your passport from HO, was it special delivery? I submitted my application on the 12 of May (same basis, 5 years and was asked to wait till 20th decision) but since then heard nothing from HO.
thanks

[KYS2000]

I applied for ILR on 18th May, still waiting for the passport back.

[kawasaki1]

Apparently it was posted Friday afternoon via standard signed delivery (they dont use Special) but nothing yet. Not sure how long it takes, if its second class probably three days...

[vlplondon]

I applied for ILR on 18th May, still waiting for the passport back.

Hi,

Which PEO did you apply at? I applied at Sheffield, in person and they explicitly said that the application will be processed between 20th and 22nd but nothing. I emailed complaint today (don't know if emailing complaint is a right way of doing it
the only thing left is hope

[vlplondon]

Apparently it was posted Friday afternoon via standard signed delivery (they dont use Special) but nothing yet. Not sure how long it takes, if its second class probably three days...

cheers

i wonder if there are other people with HSMP who have applied in person between May 1st and 20th and are still waiting or have their applications processed for ILR....
would be nice to hear