Post
by dvinas » Fri Oct 05, 2012 2:45 pm
Hi Guys,
I am having the same issue with my application. I entered the UK on the HSMP on 13-Jan 2008. I was here for 2 years on that status, and was then granted a 3-year leave under Tier 1 (General). I have also been worried about what was being asked for in section 11L.
I just called the Immigration Enquiry Bureau helpline on 0870 606 7766, waited on hold for half an hour, and here is what the agent told me to provide:
HSMP approval letter
Entry Clearance vignette in passport
For me, the latter is in my old passport, which I needed to provide anyway to show my immigration history. After hearing this response, and upon reading the 11L statement more carefully, I believe I understand what is being asked. What they are saying is that they want to be sure the you were here legally, under a category that satisfies the requirement for residency-period in order to achieve ILR, for the period prior to being granted Tier 1 clearance. So, for most of us, that would be 2 years HSMP (prior to the 3 years Tier 1). The original HSMP approval letter proves that you met the necessary requirements to be admitted under the HSMP. The vignette in your passport proves that you entered based on that approval, and also shows when you entered (or started your status under HSMP).
I will go out on a limb here and state that you actually didn't need anything else in order to be here legally for the first 2 years. By achieving an HSMP approval and then entering in that category, you could be here legally for up to 2 years and do as you liked. There was no requirement to work or anything, other than that you did not have to resort to public funds. The stipulation that you needed to meet minimum income requirements was in order to extend your stay under Tier 1, but that is completely separate from any requirement to live happily for 2 years under HSMP. Also, you shouldn't confuse the "economic activity" requirement from section 11G. That is trumped by 11L, which is appropriate for those of us under Tier 1 (General). There is no need to go back and document your economic activity from 5 years ago. In fact, I have a hard time understanding who would still be here under the HSMP, and thus beholden to section 11G, since no one would have had such a long clearance that would last up to now.
So, if you want to provide extra documents just to be sure, knock yourselves out! It certainly can't hurt. Also, if anyone wants to call the number above and ask for additional clarity, I'd love to hear what you are told. I doubt the caseworker will actually go through all that paper. I intend to write in my cover-letter the fact that I was told on the helpline that those two documents would be sufficient, and I am planning on submitting my application in person at the PEO. I may also bring along other documents in case they ask for them.
