ILR Application

[kkarank]

hi there,

I have been in the UK for more than 3 yrs 11 months now.I am currently on an HSMP which i recently got extended for another 3 yrs. ( got extension in June 2005 )

Am i eligible to apply for ILR now ?If so what is the procedure,I mean where can i get the fomrs and other information from .

cheers

[yusuftas]

This is certain that Home Office has been misguiding me. I will come back to my story.

The question they will ask is "How did you work before you had HSMP?" If it is lawful you will probably be qualified. Check the SET(O) form on the home office site.

But here is my story:

I had (saying had now but I thought I still have) a work permit through my employer. After 4 years I applied for ILR but I was rejected. Why? Because my status changed from work permit to HSMP dependant.

Think about it. I haven't changed employment for 4 years. But because my wife applied for HSMP so that we could make sure that she doesn't lose her job if I lose mine and I was given HSMP dependant visa. And I was informed that I would still be a work permit holder (home office and metropolitan police). Of course not in writing.

Now they are saying that we have to come back for ILR when the HSMP LTR finishes which is in 3 years.

Please advise... Any good solicitors around.

HSMP has brought more harm to us than good. We wish we had never applied. The new name for slavery.

[olisun]

who advised you to change to dependant visa in the first place ?

you could have waited on the same visa for another year and then applied for ILR

why worry about the future in advance when there is no problem currently

it is true if you status changes to dependant then ur clock resets back to zero

[yusuftas]

As you have said why should I change my status.
The home office told me that my work permit status would continue!
Plus my employer didn't change at all during the period of the HSMP dependant visa.

That's why I am looking for a solicitor now!

[PB]

Yusuf,

IMHO, your wife should be able to apply for ILR.

Please see the following post:

http://www.immigrationboards.com/old/in ... _id=004932

the homeoffice link on the page doesn't seem to work, but the Rule number is mentioned, so if you go through the HSMP Rules you should be able to find the relevant rule.

You can combine any Visa that leads to settlement with HSMP.


Good luck
Regards,
PB

[PB]

Hi,

The Section 7F of the SET_0 form mentions combining HSMP with other categories leading to settlement.

Regards,
PB

[olisun]

it all depends on the "alertness" of the case worker

some people were denied because they had dependant visa as part of their 4 yr stay

[John]

That link to paragraph 135G on the IND website has changed. You can now get to it by clicking here.

[yusuftas]

Thanks for the replies...
The rule mentioned doesn't cover dependants so as olisan has said it is up to alertness. However, in my case I didn't change and intend to change an employer. We shouldn't have applied to HSMP. If you have employment, that's enough. Once you know that you will be unemployed then you should consider applying for HSMP.

[PB]

Yusuf,

Read the rule again:

Indefinite leave to remain as a highly skilled migrant

135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:

(i) has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom in this capacity or has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom which includes periods of leave to enter or remain granted under paragraphs 128 - 319 of these Rules; and

(ii) for the period of leave as a highly skilled migrant, has met the requirements of paragraph 135A (i)-(iii); and

(iii) for any period of leave not in this capacity, has not had recourse to public funds; and

(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.

Point (i) states:
"or has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom which includes periods of leave to enter or remain granted under paragraphs 128 - 319 of these Rules;"

Spouse of a WP holder falls under Paragraph 194 , therefore your wife is eligible.

SPOUSES OF PERSONS WITH LIMITED LEAVE TO ENTER OR REMAIN UNDER PARAGRAPHS 128-193 (BUT NOT PARAGRAPHS 135I-135K)

Requirements for leave to enter or remain as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

194. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

link:http://www.ind.homeoffice.gov.uk/ind/en ... ion_3.html?

[yusuftas]

Thanks PB. I have taken what you have mentioned and will write to the HSMP department to send me a letter so that we can apply again. I will keep you all informed!

[yusuftas]

I will be going to Croydan once more. I wrote to the HSMP office but haven't recieved a reply yet and lawyers haven't been helpful. Any good lawyer?

This time my wife will be the applicant but she has only been working during the HSMP interval. She wasn't employed or self-employed while she was a work permit dependant. But the rules don't state anything that she has to work in that period.Ofcourse, I have been working and still working at the same company!!!. Any advice

I am really frustrated. Should I apply for HSMP, work for one year and apply for ILR?

3 years WP
1 year HSMP Dependant
1 year HSMP

or actually as soon as I get HSMP I can apply for ILR since I have already continously worked in the UK. Right?