Tier1 to PR - Eligibility

[arunvmenon]

Hi every body,

I received my Tier1 Visa which is valid from 15th Mar 2010. But I am planning to travel to UK only on June which will be 90 days after the approval date.

If I apply for Permenant Residence after 5 years, (on 15th Mar 2015), will i be eligible? Is there any limit on the nuimber of days I can leave the country in between these 5 years to be eligible for PR?

Thanks in advance
Arun

[aruni4470]

Hi every body,

I received my Tier1 Visa which is valid from 15th Mar 2010. But I am planning to travel to UK only on June which will be 90 days after the approval date.

If I apply for Permenant Residence after 5 years, (on 15th Mar 2015), will i be eligible? Is there any limit on the nuimber of days I can leave the country in between these 5 years to be eligible for PR?

Thanks in advance
Arun

You will not be eligible on 15th Mar 2015, if you enter in June.

The absence from UK should not be more than 180 days in total and not more than 90 days at a time in the 5 yr period.

If the absence is work related and you can prove that then, at the discretion of the case worker he may consider your application.

[push]

Hi every body,

I received my Tier1 Visa which is valid from 15th Mar 2010. But I am planning to travel to UK only on June which will be 90 days after the approval date.

If I apply for Permenant Residence after 5 years, (on 15th Mar 2015), will i be eligible? Is there any limit on the nuimber of days I can leave the country in between these 5 years to be eligible for PR?

Thanks in advance
Arun

you will need another extension to meet the 5 year qualifying period requirement (provided the requirement in 2015 remains the same).

[prasad123]

you will need another extension to meet the 5 year qualifying period requirement (provided the requirement in 2015 remains the same).

What does that mean? My understanding is:

1. Tier -1 is issued initially for 3 years
2. You can then apply for a 2 year extension and that is it.

Are you saying that there is an option to apply for a second extension (as per current rules)?

[jessica_halida]

I have a similar enquiry about Tier1 to ILR (of course if the rule still exist by the time I am qualified).
I enter UK in sept 2005 under student dependant visa. I worked for a year and then in sept 2006 applied for HSMP, I got my HSMP approval letter but only went back to my home country to switch to HSMP in March 2007.
Now I am a Tier 1 holder, but I just realise that my previous visa was labelled "High Skilled Migrant". If I were to apply for ILR, is my qualifying period is march 2012? or will it be sept 2011?
I read about HSMP JR, but I assume that is not applicable to me, am I right?

[aruni4470]

Are you saying that there is an option to apply for a second extension (as per current rules)?

You can extend your visa any number of times as long as you meet the requirements. Even after you qualify for ILR, you dont have to get ILR you can keep extending your visa any number of times.

[geriatrix]

Hi every body,

I received my Tier1 Visa which is valid from 15th Mar 2010. But I am planning to travel to UK only on June which will be 90 days after the approval date.

If I apply for Permenant Residence after 5 years, (on 15th Mar 2015), will i be eligible? Is there any limit on the nuimber of days I can leave the country in between these 5 years to be eligible for PR?

Thanks in advance
Arun

ILR count starts from the date you enter UK and not the date on which your visa is issued. For your ILR, you'll start counting the time from the date you enter UK (whatever it will be).


regards

[geriatrix]

I got my HSMP approval letter but only went back to my home country to switch to HSMP in March 2007.
Now I am a Tier 1 holder, but I just realise that my previous visa was labelled "High Skilled Migrant". If I were to apply for ILR, is my qualifying period is march 2012? or will it be sept 2011?

Five years from the date when you entered UK as an HSMP migrant (after being granted HSMP visa from your home country).

The date your HSMP application was approved or your HSMP visa was stamped are immaterial when calculating the ILR residential qualifying period. It is the date of entry in the UK that matters.


regards

[jessica_halida]

thank you sushdmehta, that's really answered my question.
But I guess I can't apply for ILR in 2012 as they plan to introduce probationary citizenship in July 2011

Except that I am qualify under HSMP rules :
http://www.bia.homeoffice.gov.uk/siteco ... nts-earned

"The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP. "

[GETMEIN]

thank you sushdmehta, that's really answered my question.
But I guess I can't apply for ILR in 2012 as they plan to introduce probationary citizenship in July 2011 Sad

Except that I am qualify under HSMP rules :
http://www.bia.homeoffice.gov.uk/siteco ... nts-earned

"The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP. "

Yes, you are still covered by HSMP JR but you can only apply in 2012. Atleast, some good news.

[jessica_halida]

GetMein,
I don't think I am covered by HSMP JR since it's only valid for HSMP applicant prior to April 2006 (correct me if I am wrong). I made my HSMP application in end of 2006, got approval letter, go back to my home country to convert, and entering UK in march 2007.
That's why I am worried what happen to me and my family in 2012.

[GETMEIN]

Hi Jessica_halida

FYI. You still qualify if you have received HSMP approval letter before Nov 2006.

Home Office------

HSMP Forum judicial review (settlement in the United Kingdom)

This page explains the arrangements that have been put in place for migrants covered by the 6 April 2009 judgment in the judicial review brought by the HSMP Forum Ltd. This judgment relates to the continuous residence requirement for settlement in the United Kingdom (also called 'indefinite leave to remain' or ILR).
On this page

* If you applied to the HSMP before 3 April 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter
* If you applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter

You are covered by the judgment if we sent you a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of an application made before 7 November 2006, and you obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain' or LtR) on the basis of that letter.

[jessica_halida]

wow thanks that's indeed a goodnews. Now I have to check the date on my HSMP approval letter.
If the letter dated after 7'th November 2006 which means I won't be able to apply for 4 years ILR, but will I still be able to apply for 5 years ILR? Or will it be probationary citizenship?

[GETMEIN]

wow thanks that's indeed a goodnews. Now I have to check the date on my HSMP approval letter.
If the letter dated after 7'th November 2006 which means I won't be able to apply for 4 years ILR, but will I still be able to apply for 5 years ILR? Or will it be probationary citizenship?

You can apply for ILR after 5 years if you applied before Nov 2006 and 4 years prior to April 2006. Probationary citizenship is only for those who are not protected by HSMP JR (April 2006 & November 2006)

Hope this helps.

[geriatrix]

wow thanks that's indeed a goodnews. Now I have to check the date on my HSMP approval letter.
If the letter dated after 7'th November 2006 which means I won't be able to apply for 4 years ILR, but will I still be able to apply for 5 years ILR? Or will it be probationary citizenship?

Let me share another information that you will feel happy about - the date of approval letter is also immaterial. What matter most here is the date of application submission. So if your HSMP application was submitted before the 05-Dec-06 changes came into play, the date of approval letter doesn't matter (even an iota).

If you submitted your HSMP application before 03-Apr-06, you are eligible for ILR in 4 years. If you submitted your HSMP application before 07-Nov-06 , you are eligible for ILR in 5 years. If you submitted your application after 05-Dec-06, you are still eligible for ILR in 5 years but PBS rules for extension / settlement (self & dependents) will apply.

As for whether you'll be able to apply for ILR in 2012 or whether it will be probationary citizenhip that you will have to apply for, IMHO and despite some affirmative responses above, I believe it is best to wait and watch UKBA publish detailed plans. Everyone will know for sure ... whether there is a need for another JR (or not) .


regards

[jessica_halida]

wow, that is even a better news!
thanks everyone for being so helpful
Well, actually I am quite happy to be able to apply ILR after 5 year (because I am prepared for it since the beginning). But I am a bit worried about probationary citizenship as the rule sounded so unclear.