ILR soon - doubts in category (HSMP JR or not)

[nedian21]

Hi,

I will be applying for ILR in Aug. Can experts on this board please help me with these questions / doubts:

I got WP on 17/08/2006 and came to the UK on 03/09/2006. Therefore I will be applying in the 1st week of Aug 2011.

Before getting WP I was already in the UK on Working holiday maker and had applied for HSMP-old rules (post April 2006) which was rejected. I made an appeal which was approved in Jan 2007 so my category switched from WP to HSMP in Jan 2007.

Applied for extension in Nov 2008 based on JR and didn’t have to go through the assessment process. Extension approval letter clearly says that my application was considered under the rules placed pre Nov 2006 because I applied for HSMP between April 2006 and Nov 2006.

My current visa (is till Jan 2012) is stamped as Tier 1 (general) migrant. Now my question is do I have go through the assessment procedure again. What category should I tick on the SET(O) form in section 3. Should I select HSMP JR in Section B or Tier 1 in Section A. Since my current visa states Tier 1 logically I should tick that but then ticking that I have to pass through the assessment procedure again and have to achieve the 80 points.

Another thing is regarding proof of cohabitation they have introduced in the new form in section 10. I am married and living together with my wife in the UK since 2007. Our current tenancy agreement and current council tax bill bears both but it is very recent (from March 2011) as we just have moved. Previously I didn’t realize I should have my wife’s name on at least one utility bill How should we provide proof of cohabitation for the last 2 years?

Last thing do I need to add my daughter (will be 3 soon and already got Tier 1 dependent visa on her passport) on ILR application or not. I read somewhere that once the parents have got ILR, child born before ILR can naturalize based on that using form MN and gets British passport. Is this correct? If yes then why should I add her on ILR form and pay 2 fees one for ILR and then again for naturalization.

I would really appreciate your answers.

Thanks
Noman

[geriatrix]

had applied for HSMP-old rules (post April 2006) which was rejected. I made an appeal which was approved in Jan 2007

If you applied for HSMP approval before 07-Nov-06 then you are covered by HSMP JR, irrespective of when the appeal was allowed or when the leave to remain was stamped.

If the child was born in the UK then there is no need to include the child in your ILR application. See ILR or MN1 form for my 3 year old son

[nedian21]

had applied for HSMP-old rules (post April 2006) which was rejected. I made an appeal which was approved in Jan 2007

If you applied for HSMP approval before 07-Nov-06 then you are covered by HSMP JR, irrespective of when the appeal was allowed or when the leave to remain was stamped.

If the child was born in the UK then there is no need to include the child in your ILR application. See ILR or MN1 form for my 3 year old son

Hi Sushdmehta,

thanks a lot for your prompt reply.

So this means I should tick HSMP under ILR JR category in section B.

Also can you suggest some ways to prove the cohabitation bit.

Much appreciated
Noman