ADVICE ON 'CONTINOUS STAY' PLEASE!!!

[professional28]

Hello, (Apologies for long post!)

I need some advice please. I am a Chartered Quantity Surveyor, studied for my degree here in the UK and in 2002 when I graduated, I was given a 5-year work permit which expired at the beginning of July 07. Before it expired, I applied for a renewal of the work permit as my entry clearance / leave to remain stamp was short of a month (i.e. 4 years 11months) and so could not apply for indefinite leave to remain. When I applied for the work permit, my profession was not yet on the shortage list (although it was put on the list 2 weeks after they refused to renew my work permit!), and unfortunately I was refused an extension to the work permit - reason being they felt my job role had changed from being an assistant to a senior member of the company (through promotions over the 5 years, which one would expect to happen). Anyway, that was that!

As I had received the work permit refusal during the time my leave to remain had expired I was advised by my company's visa 'expert' to leave the UK and apply for an HSMP from my home country. I therefore left the UK end of July 07 and returned at the beginning of September after being granted an HSMP. Because I have more than 5 years combined on work permit and HSMP, I thought I could apply for ILR, but have been told I can't because I do not have continuous stay due to the fact that I left the country and got a different entry clearance, therefore I have to start my 5 years all over again! I still would like to think I have a shot at getting the ILR because I cannot bear to wait another 5 years. At the same time, I do not want to apply for ILR only to be refused and have my record tainted!!

I got married recently and my wife is on a student visa which expires this October, but we want to change so she becomes a dependent on my HSMP. Does she need to leave the country to change visa status or can we do it in-country? Any advice would be much appreciated.

[thirdwave]

Hello, (Apologies for long post!)

I need some advice please. I am a Chartered Quantity Surveyor, studied for my degree here in the UK and in 2002 when I graduated, I was given a 5-year work permit which expired at the beginning of July 07. Before it expired, I applied for a renewal of the work permit as my entry clearance / leave to remain stamp was short of a month (i.e. 4 years 11months) and so could not apply for indefinite leave to remain. When I applied for the work permit, my profession was not yet on the shortage list (although it was put on the list 2 weeks after they refused to renew my work permit!), and unfortunately I was refused an extension to the work permit - reason being they felt my job role had changed from being an assistant to a senior member of the company (through promotions over the 5 years, which one would expect to happen). Anyway, that was that!

As I had received the work permit refusal during the time my leave to remain had expired I was advised by my company's visa 'expert' to leave the UK and apply for an HSMP from my home country. I therefore left the UK end of July 07 and returned at the beginning of September after being granted an HSMP. Because I have more than 5 years combined on work permit and HSMP, I thought I could apply for ILR, but have been told I can't because I do not have continuous stay due to the fact that I left the country and got a different entry clearance, therefore I have to start my 5 years all over again! I still would like to think I have a shot at getting the ILR because I cannot bear to wait another 5 years. At the same time, I do not want to apply for ILR only to be refused and have my record tainted!!

I got married recently and my wife is on a student visa which expires this October, but we want to change so she becomes a dependent on my HSMP. Does she need to leave the country to change visa status or can we do it in-country? Any advice would be much appreciated.

Unfortunately it appears that you'd have to wait for another 5 years before ILR (or whatever it`ll be called at that point) as your LTR had expired between your WP and HSMP and you had to obtain a fresh EC from abroad to return. You could try applying by post with a letter explaining your circumstances but its highly likely that it would be refused and you'd lose your money. Certainly worth a try if you cannot think of any other way of spending 700 odd quid..

Not sure about your wife's change of status but I think they've stopped allowing in country switches for most categories..

[professional28]

Thanks thirdwave. much appreciated. very frustrating - almost as though the EC / LTR was purposely granted 1 month less than work permit to ensure there was no way of getting the ILR. There's no winning here! The future is so uncertain when you are a migrant in the UK, I'm even contemplating selling my house and just moving away from the UK! Canada - here I come!

[thirdwave]

Thanks thirdwave. much appreciated. very frustrating - almost as though the EC / LTR was purposely granted 1 month less than work permit to ensure there was no way of getting the ILR. There's no winning here! The future is so uncertain when you are a migrant in the UK, I'm even contemplating selling my house and just moving away from the UK! Canada - here I come!

That certainly appears to be the case..Did you not question it when you were initially offered the job?

[runie80]

I can only hope all works out fine for you.

I think You can be fairly sure that they dont change status from within the country.You have to exit and make a new application.

With regards to your house
Selling a house in UK these days is no easy job too.

[professional28]

thirdwave, i didn't question it at the time as i wasn't looking that far ahead. didn't think i'd be here for that long.

[professional28]

runie80,
thanks - hope it does work out. it will be one less stress to worry about. i think i'll hang onto the house for another year.