Subject:
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New SET (O) Form
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From:
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Work Operational Policy, Home
Office
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To:
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amit@hsmpforumltd.com;
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Bcc:
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Date:
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Thursday, 14 November 2013, 12:48
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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