ILR -as Tier 2 Migrant

[ssg]

Hi ,

I am due to apply for my ILR , Current I am on a Tier 2 General visa and the past 4 years have been a combination of HSMP Points based system (not Tier 1 General ) and Workpermit visa

I am filling in the SET (O) form and in Section 9L , they ask you to tell what was your previous visa status when you are applyinig as a Tier 2 Migrant and HSMP (PBS) is not on the list ... so I am worried

Because HSMP -PBS after 5 November 2006 is replaced with Tier 1 General do I select Tier 1 General and Provide the relevant evidence ..

can anyone help me ?

Also .. to prove the accomodation . does any one know what sort of evidence we need to provide ?I moved house recently so .only my recent bank statements and pay slips have the new address and I dont have all the utolity bills from my old address

Thanks

[Wanderer]

AIUI switching from HSMP to WP reset the ILR clock so I assume switching to Tier 2 would also.

[dimsav]

AIUI switching from HSMP to WP reset the ILR clock so I assume switching to Tier 2 would also.

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.

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.

[Wanderer]

AIUI switching from HSMP to WP reset the ILR clock so I assume switching to Tier 2 would also.

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.

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.

All I said was the clock was reset when going from HSMP to WP, but not the other way and presumed the same applied.

I've done some research on behalf of the OP and can confirm this no longer applies, but it did under the old system!

[dimsav]

All I said was the clock was reset when going from HSMP to WP, but not the other way and presumed the same applied.

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.

I've done some research on behalf of the OP and can confirm this no longer applies, but it did under the old system!

What do you mean by "the old system"?

[Wanderer]

All I said was the clock was reset when going from HSMP to WP, but not the other way and presumed the same applied.

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.

I've done some research on behalf of the OP and can confirm this no longer applies, but it did under the old system!

What do you mean by "the old system"?

http://www.immigrationboards.com/viewto ... a30d64839d

[Wanderer]

And...

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).

[dimsav]

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);

[Wanderer]

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);

So am I.

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.

[dimsav]

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.

Thanks for clarifications regarding odd switching rules in the "ancient" times...

@ssf: apply as a Tier 2 migrant after 5 years according to Rule 245ZH.

[Wanderer]

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.

Thanks for clarifications regarding odd switching rules in the "ancient" times...

@ssf: apply as a Tier 2 migrant after 5 years according to Rule 245ZH.

Apology accepted.

[ssg]

If I understand this right you did get that my my visa status followed the below path WP--> HSMP--> Tier 2

and now after completed 5 yrs I can apply as Tier 2 migratnt under the rules stated in 245ZH

Thanks for the effort you put in

Also regarding the evidence for accomodation .. what is the best evidence we can provide ... ? Its too much documenation and I want to provide what they need instead of carrying all the paper work and confusing the case worker