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Why? HSMP -> WP -> Tier 2 are all the work route visa, so switching is allowed, and the clock "continues" provided the residential requirements are satisfied.Wanderer wrote:AIUI switching from HSMP to WP reset the ILR clock so I assume switching to Tier 2 would also.
All I said was the clock was reset when going from HSMP to WP, but not the other way and presumed the same applied.dimsav wrote:Why? HSMP -> WP -> Tier 2 are all the work route visa, so switching is allowed, and the clock "continues" provided the residential requirements are satisfied.Wanderer wrote:AIUI switching from HSMP to WP reset the ILR clock so I assume switching to Tier 2 would also.
ssg, I think you should apply as Tier 2 on the basis of Rule 245ZH which outlines the relevant requirements for ILR. 245ZH(ii) further states the allowed combinations, among them WP and HSPM being mentioned explicitly. So, you need to have 5 years of the continuous (legal) stay and KOL passed.
I'm afraid I disagree again: HSMP -> WP is perfectly okay, you just apply then as a WP holder after 5 years, according to Rule 134.Wanderer wrote:All I said was the clock was reset when going from HSMP to WP, but not the other way and presumed the same applied.
What do you mean by "the old system"?Wanderer wrote:I've done some research on behalf of the OP and can confirm this no longer applies, but it did under the old system!
http://www.immigrationboards.com/viewto ... a30d64839ddimsav wrote:I'm afraid I disagree again: HSMP -> WP is perfectly okay, you just apply then as a WP holder after 5 years, according to Rule 134.Wanderer wrote:All I said was the clock was reset when going from HSMP to WP, but not the other way and presumed the same applied.
What do you mean by "the old system"?Wanderer wrote:I've done some research on behalf of the OP and can confirm this no longer applies, but it did under the old system!
Requirements for indefinite leave to remain as a highly skilled migrant
135G. The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:
(i) has spent a continuous period of 5 years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant (in accordance with paragraphs 135A to 135F of these Rules), and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of these Rules), or leave as an Innovator (under paragraphs 210A to 210F of these Rules).
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
So am I.dimsav wrote:You have misread my earlier post - I am talking about applying as a WP holder after the HSMP -> WP switching:Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
Thanks for clarifications regarding odd switching rules in the "ancient" times...Wanderer wrote:Under the pre-Tiered system rules if you switched from HSMP to WP your ILR clock was reset. WP > HSMP no reset, HSMP > WP reset.
Apology accepted.dimsav wrote:Thanks for clarifications regarding odd switching rules in the "ancient" times...Wanderer wrote:Under the pre-Tiered system rules if you switched from HSMP to WP your ILR clock was reset. WP > HSMP no reset, HSMP > WP reset.
@ssf: apply as a Tier 2 migrant after 5 years according to Rule 245ZH.