HSMP Forum's email to the Home Office and their reply dated 14th November 2013

 

Subject:

New SET (O) Form

From:

Work Operational Policy, Home Office

To:

amit@hsmpforumltd.com;

Bcc:

Date:

Thursday, 14 November 2013, 12:48

 Dear Mr Kapadia,

Thank you for your query about the SET (O) form for people applying for settlement under the terms of the HSMP Forum policy, which has been passed to me to reply. Looking at this form, it has only been rebranded recently; the sections that you have highlighted have not been changed for some time.

I do see your point about the possibility of applicants under the Tier 1 General route, who also fall under the HSMP Forum policy, finding the form confusing. Page 10 does state that people applying as a ‘highly skilled migrant under the terms of the HSMP ILR review policy document’ do not need to meet the Knowledge of Life assessment, but does not mention the Tier 1 General applicants specifically. We do intend this section to apply to both types of HSMP Forum applicants however.

This is something that is easily corrected and will be addressed at the next opportunity, which I expect to be 1 December. In the meantime all of our HSMP Forum applicants will continue to be able to use the policy that applies to them. They will not have to take the Knowledge of Life test.

I hope that you find this response helpful.

Yours sincerely,

L Souster,

Operational Policy and Rules Unit (Work Operational Policy), Operational Systems Transformation Home Office

 

From: Amit Kapadia [mailto:amit@hsmpforumltd.com]
Sent: 08 November 2013 13:44
To: Home Office
Subject: New SET (O) Form

An issue concerned with the new Set (O) Form has been brought to my attention. The HSMP Forum Judicial Review policy documents protect migrants who applied for HSMP (and later granted approval) as at 5 December 2006. Therefore, any new conditions must not be applied to people who benefit under our judicial reviews.


I checked the new Set (O) form and it shows 2 categories under section B:

One is Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document and other is Highly skilled migrant under the terms of HSMP ILR judicial review policy document. Could you please explain diffrence between the two and whether both categories are exempt from KOL and LIUK test. As section 4 states that later category is exempt from the new KOL and LIUK test but nothing is mentioned about tier 1 covered under JR category. There are migrants who were admitted under the HSMP scheme before 7 November 2006 and were issued Tier 1 (General) extensions at a later date and its highly confusing for them.

The form needs to be corrected and if any new rules are applied to those who fall under the HSMP Forum Judicial Reviews then it will be in breach of the High Court Judgments.

I look forward to hearing from you.

Kind Regards

Amit

Yours sincerely,

Amit Kapadia

Executive Director (Chairman)
HSMP Forum
www.hsmpforum.org

 

 
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