ILR for Skilled Migrants

[Londonite]

Does anyone know if ILR is any different for skilled migrants? In other words, are we judged on HSMP program requirements in addition to the standard ILR requirements when applying after four years?

Many thanks and happy new year all,

Londonite

[Ajay Kumar Singh]

Let's put in this way you apply for ILR under HSMP category.
Now this makes sense.
I haven't seen ILR forms/guidelines so may not be able to say much about it, but i don't think that there should be some special HSMP requirement.

I know FLR; here you aply for FLR under HSMP category, same should be for ILR..

[Londonite]

Yes, we would be applying for ILR as HSMP visa holders.

Question is, if an applicant failed to meet HSMP program requirements, could they be turned down when applying for ILR even if all else was fine?

[John]

Londonite, have you looked at the application form .... the SET(O) ? If not, download a copy of the SET(O). You can do that by going to :-

Application Forms

Once you have downloaded it, go to page 8 of 17 of the form. you will see that for an HSMP applicant that there is a need to tick box 7F and then enclose documents :-

If you are applying under the Highly Skilled Migrant Programme (HSMP), document(s) showing your economic activity and your personal earnings during your stay in the UK, if you are employed. If you are self-employed, you should provide evidence of the progress of the business. If you have been given leave to enter or remain in other categories leading to settlement before being granted permission to stay under HSMP, and you would like this stay to be considered in connection with your application for indefinite leave to remain, you should provide details of the categories involved and the periods spent in each of these categories.

Do you think you will have a problem?

[Londonite]

Thanks John - Yes, I found this HO paragraph as well. From what I can see, we only need to be economically active and have been given our full HSMP extensions to be considered for completion of the program.

I'm still employed in my field and haven't taken up a new life at University, so it really doesn't effect me. However, you can bet these ILR requirements will be an issue for someone on this board eventually.

Londonite

[try-one]

ILR is the same regardless if you are under HSMP or Work Permit or any other cathegory leading to settlement.
requirements are 4 years living and working in the UK ( under a cathegory leading to settlement - WP, HSMP, etc) and also showing that you haven't had access to public funds and you will be able to support yourself in the future after you get the ILR.....so basically a letter from your employer showing that you will keep your job or info about your business showing that you will have some income.

[aj77]

HSMP Guidance for further information.

http://www.workingintheuk.gov.uk/workin ... _mar04.pdf

in Question And Answer Section.
26.5Q:How long can I stay if I enter as Highly Skilled Migrant in UK?

IN Answer it says that you should be economically active for continuous four years except some short trips abroad not totally more than six months in total.See detail in the link above in26.5Q.So one should keep this in mind that for HSMP applicant it is necessary to stay in UK for atleast 3.5 years out of four years stay in UK.

Do you people agree that ILR will be given considering this point ?.

[gps]

Hi Aj77,

There is one doubt -
Someone gets EC (say Jan-05) and lands in UK (Apr-05). He lands there after 3 months of EC starts. He will apply for FLR before Jan-06. He will get FLR of 3 years start from Jan-06 to Dec-08.
So till Dec-08 he is in UK for 3 years and 9 months (if not gone out at all). according to you one should have stayed 3 and 1/2 years in UK and he can apply for ILR (6 months gap is allowed).

But I think one can't apply for ILR if (ILD Date - first entry date) < 4 Years. Accoring to me one can't apply for ILR if he is not in UK for 4 years (there may be 6 months gaps in between but not in start or end). This 4 years will be from first entry date in UK till ILR application date. You can't compansate 6 months if the person lands 6 months late in UK.
There will be very few people in HSMP who land in UK the first day of their EC so very few people will be there who stay 4 years before ILR application. These rules are not clear till now and I am sure there will be some rules to help HSMP people to get ILR when they reach at that stage.

Pl let me know what you think.
Regards

[Chess]

At the end of your initial LTR on HSMP stay prior to applying for ILR - if ur stay falls short of the 4 year requirement, then you will apply for HSMP visa extension (presumably on FLR - IED) to make up for the shortfall in months/days

Forexample (at todays prices and rulse)


a) HSMP first year - applicant stays in UK for 8months (pays the £150)
b) Applicant extends for 3 years - pays (£121)
c) At end of 3 years 8 months. Applicant is ineligible for ILR - so applies againn for FLR - IED. Pays £ 121 and is granted a further 3 years.
d) However after 4 months , the candidate applies for ILR (and pays a further £250 or £155)


I hope it is all clear

[gps]

Yes Checkmate, it is the correct picture.

So it is not that u have to be in UK for 3.5 yrs and apply directly for ILR. u have to complete 4 yrs and then apply for ILR. u may have to take one additional FLR for that.

Regards

[Rog]

Checkmate, this would be in contravention of the original HSMP terms whereby we are first given visa of 1 year, then FLR for 3 years and then ILR. Most out of country applicants would have resigned their jobs only after getting EC and would have arrived in UK after 2-3 months. After completing 3 years, no out of country applicant would have completed 4 full years in UK. There is no point in giving a 2nd FLR again and then again having to apply for ILR in a few months. However this will be known exactly only when the first out-of-country applicant completes 3 years of the extension.

[Chess]

Rog,

You DONT have to apply for ILR at the end of the 4 year period

Some people because of strong beliefs or whatever..may not want to apply for ILR, so in theory you can apply for FLR several times till the cows come home

However, caseworkers are advised that when reviewing say HSMP/WP apllications for further stay after 4 years, applicants should be made aware of their right to apply for ILR

Also caseworkers are advised that when reviewing applications for say WP/HSMP for candidate who has been in the UK for 4 years, they should be aware that the applicant is eligible/may apply for ILR.


You can only be given what you ask for

[Londonite]

So it appears that we have the following conditions for ILR (the same as work permit holders);

1) We've been in country under HSMP at least 3.5 of the last 4 years.
2) No access to public funds.
3) We have been economically active for the most part.
4) And we have job in hand at the time of application.


If the above is true, then the following HSMP FLR requirements will not matter when applying for ILR;

1) No change in profession
2) Can not attend University
3) Sufficient funds to carry you through x months

Londonite

[aj77]

you need to be economically active in the UK as Highly Skilled Migrant.This is written in the guidance for HSMP.
Does this mean econmically active only or economically active in Skilled field?

http://www.workingintheuk.gov.uk/workin ... _mar04.pdf

Because for Extension for next 3 years after first 12 months it s clearly written that you need to be economically active only but for Indefinite Leave it is written that Economically active as Skilled Migrant.

[olisun]

i doubt one can get ILR in 3.5 yrs

the reason one gets an HSMP visa is because he is highly skilled and can afford to come to the UK very close to the issue of the visa.

so the clock starts from the day you land in the UK and not from the day when you get your VISA.

[Londonite]

Checkmate - are people getting entry clearance then waiting six months to enter the country?

I understand that we are to apply for ILR within a month or two of FLR extension expiry. But that should be four years, right?

[Chess]

Checkmate - are people getting entry clearance then waiting six months to enter the country?

I understand that we are to apply for ILR within a month or two of FLR extension expiry. But that should be four years, right?

Date of application for ILR minus Date of arrival in the UK should be Equal to 4 years

[Rog]

This effectively means that almost all out-of-country applicants will not qualify for ILR(except those who took the flight of the next day of getting their EC) and will have to seek another FLR after their 3 year period is over. I feel that in considering the 4 year period for ILR, the Home Office should give consideration of at least 2-3 months for a skilled migrant to leave his job responsibilities, wind up his affairs and come to UK. I think there may be some changes in this scenario which we will know exactly when the 1st lot of out -of -country applicants near the end of their 3 year FLR. All Home Office laws are not followed to the letter by them. EG for Urgent Treatment the form clearly states that the same will be consdiered with documentary evidence but still they have accepted forms without any supporting from other members of the board.

[zeke]

Rog,

I agree with you wholeheartedly about the fact that there should be some flexibility in when the HSMP "clock" begins.


To my mind, the HO should give the HSMP holder say, 3-6 months in which to complete arrangements to come to UK and to get entry clearance -- then the "clock" should start on the day that the holder arrives in the UK! It is so unfair that a holder can follow all of the rules and arrive in the UK already at a disadvantage because he/she does not have a complete year in which to become "economically active" for Further Leave to Remain and for the 4 years requirement for Indefinite Leave to Remain.

By the way, I am confused .. does the HSMP "'Clock" begin ticking (ie., does Year One begin) on the date of the HSMP approval letter, or the date of the Entry Clearance stamp??

[aj77]

yeah HSMP clock beging clicking after Entery Clearance Stamp,not from approval letter or from Arrival in UK. and HSMP applicant need to stay 3 years and 6 months atleast out of 4 year Visa granted.This is written in Further guidance for hsmp applicants.One can have short trips abroad totally not exceeding 6 months in 4 years.

[f2k]

Just a couple of things to note.

1. For HSMP you can ‘choose’ when you want you EC to begin,
2. You can apply for ILR a month before your 4 years is up

So if you enter the UK within a month of getting your EC then you should be fine. I would say for WP it will probably be in the same boat, you get you WP today apply for EC in the next few days and I suppose travel to the UK ASAP.

QUESTIONS
1. for those who have applied for EC on an HSMP visa, do you get EC for a year or in other words is the duration of HSMP determined by the date on the approval letter or by the duration of your EC???
2. For those who have successfully extended HSMP, is the extension on your FLR based on the date of your 2nd hsmp approval or on the date that they deal with your FLR application, in other words if my HSMP is expiring in March and I apply for an extension do they base my extension from the date that the initial HSMP was due to expire or from the date that they look at the extension application?

[Londonite]

QUESTIONS
1. for those who have applied for EC on an HSMP visa, do you get EC for a year or in other words is the duration of HSMP determined by the date on the approval letter or by the duration of your EC???

It's all about the EC start date. My initial HSMP visa expired exactly one year after EC start date regardless of the letter date or the time I arrived in the UK.

My extension ends four years exactly from the EC start date.

Londonite

[f2k]

thanks for clarifying that LONDONITE, so in actual fact it is very possible to meet the 4 year requirement without having to renew your HSMP a 3rd time