ILR after WP + HSMP

GoodFun · Post by **GoodFun** » Tue Jul 31, 2007 5:51 pm

I have been following the discussion on this forum with much interest since March this year when I started looking into the HSMP scheme. I have managed to get an extension till 2009 based on approval in the scheme.

I would be grateful if someone can advise me on the following:

I have been working in the UK on a WP since 2004. I have now transferred onto a HSMP. I know for ILR one requires 5 years stay which can be from WP + HSMP stay.

Now in 2009 (hoping that things remain the way they are, however I do not see the UK BIA increasing the 5 years for ILR any further as it would then be out of line with other EU countries), I should be eligible for ILR but I fall short by 1 week for the 5 years on my current FLR(HSMP). This is assuming the date of issue of the first WP as my starting date and the date of expiry of my current FLR(HSMP). Note that I have been in the UK from day 1 of my WP as it was a change from a student to a WP.

Now my question is that I have seen people being advised to apply at 4 years and 11 months for ILR. Does that mean I can apply directly for ILR at the end of my FLR(HSMP) or go through a HSMP renewal just to make up the 1 week.

I know it a bit too early for this but I want to know where I stand so that I can prepare my case in the next two years for either an extension or ILR. Thanks in advance for all the help.

VictoriaS · Post by **VictoriaS** » Wed Aug 01, 2007 1:59 pm

You can apply for ILR 28 days before the qualifying date, so you should have no problem.

Victoria

roy_rajat · Post by **roy_rajat** » Thu Aug 02, 2007 10:18 am

VictoriaS wrote:You can apply for ILR 28 days before the qualifying date, so you should have no problem.

Victoria

You can apply 28 days before the qualifying date but in your case you are not completing the qualifying period for 5 years. You are falling short by 7 days. This is an interesting situation and must be clarified with the HO before any assumptions are made.

pantaiema · Post by **pantaiema** » Mon Aug 06, 2007 8:21 pm

I agree with this.

roy_rajat wrote:
VictoriaS wrote:You can apply for ILR 28 days before the qualifying date, so you should have no problem.

Victoria
You can apply 28 days before the qualifying date but in your case you are not completing the qualifying period for 5 years. You are falling short by 7 days. This is an interesting situation and must be clarified with the HO before any assumptions are made.

GoodFun · Post by **GoodFun** » Thu Aug 09, 2007 5:32 pm

Thanks for the help. I will be asking the HO for guidance closer to the time I need to apply. I don't really mind if I need to get an HSMP extension first and then apply for ILR as soon as I get my renewal.

niruv · Post by **niruv** » Fri Aug 10, 2007 2:24 pm

A person who has completed 5years stay on 3yearsWPand 2yearsHSMP, can be eligible for ILR?
What i heard was a person has to be either 5years on HSMP or WP and not the combination.

Please give me the correct information

SYH · Post by **SYH** » Fri Aug 10, 2007 2:31 pm

niruv wrote:A person who has completed 5years stay on 3yearsWPand 2yearsHSMP, can be eligible for ILR?
What i heard was a person has to be either 5years on HSMP or WP and not the combination.

Please give me the correct information

wrong
as long as hsmp is the last part of the combination

niruv · Post by **niruv** » Mon Aug 13, 2007 12:04 pm

Hi SYH,

Can you please explain me.
What does "as long as hsmp is the last part of the combination" mean.

Thanks!!
Niruv

SYH · Post by **SYH** » Mon Aug 13, 2007 12:20 pm

niruv wrote:Hi SYH,

Can you please explain me.
What does "as long as hsmp is the last part of the combination" mean.

Thanks!!
Niruv

What is this? Please go to the guidance for ILR for clarification

Jayceesh · Post by **Jayceesh** » Tue Aug 14, 2007 1:52 pm

SYH,

Please clarify your point on "as long as HSMP is the last part of the combination".

Does this mean that those who had to move from HSMP to WP under the transitional arrangements can not use their previous leave as a HSMP along with the WP leave?

For instance, after the Nov 2006 change, some of us had to move to WP. Can they use their previous leave as HSMP say 4 years and the year from WP along in order to make the required 5 years for ILR.

You previously told someone to check the ILR guidance for clarification, but nowhere in the current ILR guidance (SET O - which is for WP and HSMP holders) clarifies this.

SYH · Post by **SYH** » Tue Aug 14, 2007 7:02 pm

Jayceesh wrote:SYH,

Please clarify your point on "as long as HSMP is the last part of the combination".

Does this mean that those who had to move from HSMP to WP under the transitional arrangements can not use their previous leave as a HSMP along with the WP leave?

For instance, after the Nov 2006 change, some of us had to move to WP. Can they use their previous leave as HSMP say 4 years and the year from WP along in order to make the required 5 years for ILR.

You previously told someone to check the ILR guidance for clarification, but nowhere in the current ILR guidance (SET O - which is for WP and HSMP holders) clarifies this.

Yes you are out of luck, it does say so, check it again

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ILR after WP + HSMP

ILR after WP + HSMP