ILR -- Need help -- when to apply with this scenario ?

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Sep 07, 2009 2:53 pm

Hi Friends,

Im posting this query on behalf of my cousin which might help few guys out there as well with similar situation.

My Cousin was working for a UK client through his Indian company
from

1) March 2005 to Oct 2005 - Work Permit was valid till Dec end 2005
( went back to India in October 2005 )

2) Applied for a new Work Permit from India in November 2005 ---- Work Permit Valid from Dec 1st week 2005 to May 2006
Arrived in UK Dec 1st week 2005 to work for same client from indian company.

Applied for HSMP in April 2005 from within UK and got it switched job in May 2005. Currently he is on HSMP which expires in April 2010

Can you guys please let me know.
If he should take 4 years duration from

Dec 2005 - Dec 2009 ?

Or can he include the previous months as well that is when he was here on old work permit which was valid till Dec end 2005?

Clarification in this regard will be of great help to him.. please let me know.

Many thanks in advance

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Mon Sep 07, 2009 6:26 pm

Tier1Visa_2008_Tier1Visa wrote: Applied for HSMP in April 2005 and got it and switched job in may.

Is these dates right??

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Mon Sep 07, 2009 7:32 pm

Hi HSMP2008_JANUARY

I have updated the info.. please let me know which duration is valid for him to apply for ILR?

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Tue Sep 08, 2009 11:18 am

can some one please let me know?

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Tue Sep 08, 2009 2:25 pm

If you come under JR then you can combine HSMP and WP and get ILR after 4 years. Otherwise you need 5 years.

The dates are confusing because you say that you have HSMP from 2005 May but again you had WP from Dec 2005.

You mean to say that you get your HSMP from April 2006? if thats the case then did you get before April 3 2006? if yes then you can apply for ILR by March 2009 as you have not been out of UK for more than 3 months continues.

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Tue Sep 08, 2009 4:05 pm

Hi HSMP2008_JANUARY,

Even though my cousin had a Work permit from Dec 2005 to May 2006
he came to UK in Dec 2005 and applied for HSMP in April 2005 which was granted for 2 years and extended it for another 3 years in March 2007

So he wants to know whether he can include the old work permit months which was expired when he was in india...

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Tue Sep 08, 2009 6:20 pm

I am really confused here because you say that he was having HSMP since April 2005 and work permit from Dec 2005 to May 2006.

You cannot have two visa at the same time. So if the HSMP was started from April 2005 then the moment new visa is stampled ( Dec 2005, WP) then HSMP becomes void.

Is there some thing I am missing here.

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Wed Sep 09, 2009 9:15 am

Hi HSMP2008_JANUARY,

Im sorry for the typo he applied for HSMP in April 2006 where WP became void.

Tier1Visa_2008_Tier1Visa · Post by **Tier1Visa_2008_Tier1Visa** » Wed Sep 09, 2009 9:17 am

correcting the infor....................

1) March 2005 to Oct 2005 - Work Permit was valid till Dec end 2005
( went back to India in October 2005 )

2) Applied for a new Work Permit from India in November 2005 ---- Work Permit Valid from Dec 1st week 2005 to May 2006
Arrived in UK Dec 1st week 2005 to work for same client from indian company.

Applied for HSMP in April 2006 from within UK and got it switched job in May 2006. Currently he is on HSMP which expires in April 2011

Can you please let me know.
If he should take 4 years duration from

Dec 2005 - Dec 2009 ?

Or can he include the previous months as well that is when he was here on old work permit which was valid till Dec end 2005?

As he is not out of UK more than 3 months at a time?

Clarification in this regard will be of great help to him.. please let me know.

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Wed Sep 09, 2009 8:39 pm

Tier1Visa_2008_Tier1Visa wrote:correcting the infor....................

1) March 2005 to Oct 2005 - Work Permit was valid till Dec end 2005
( went back to India in October 2005 )

2) Applied for a new Work Permit from India in November 2005 ---- Work Permit Valid from Dec 1st week 2005 to May 2006
Arrived in UK Dec 1st week 2005 to work for same client from indian company.

Applied for HSMP in April 2006 from within UK and got it switched job in May 2006. Currently he is on HSMP which expires in April 2011

Can you please let me know.
If he should take 4 years duration from

Dec 2005 - Dec 2009 ?

Or can he include the previous months as well that is when he was here on old work permit which was valid till Dec end 2005?

As he is not out of UK more than 3 months at a time?

Clarification in this regard will be of great help to him.. please let me know.

As I said earlier if he has got HSMP before April 3 2006 then he can apply today as he can consider his stay from March 2005. If he has got HSMP after April 3 2006, then he can apply after Feb. 2010.

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ILR -- Need help -- when to apply with this scenario ?

ILR -- Need help -- when to apply with this scenario ?

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