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If you read it carefully it says: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.
And I think the "Leave" here means the date your Visa starts. There may be actual times of absence in these four years when one was not in UK and visa does not require you to be physically inside UK all this time but absence should not go beyond a certain limit. Also please note that while you are not in UK physically your "Leave to Enter" still remains valid.has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom in this capacity
-: which does not look so hopeful.Has spent a continuous period of 4 years in the UK either under the terms of the HSMP ......
I am now more confused...titas wrote:Dear All.......... I got my extension for 3 years which is from the date of my initial stamp. I wrote to HO about the 4 years issue. They have replied me in writing that as per immigratin rules 135G (i). I'll be able to submit my application for ILR after 4 years of EC issuing date.
In a sense, retrospectively, but not until 3rd April!I thought ILR is after 5 years - arent the rules being applied retrospectively??
I don't think so, in the sense that the UK legislation as regards that EU Directive has not yet been announced. OK what they have already announced goes a big step in the required direction but it is totally clear that there is more to come, and not just as regards students. For example, they also need to deal with unmarried couples, given the current Unmarried Partner Visa provisions do not comply with the EU Directive.slor wrote:Here is the EU Directive that they are implementing. Note Articles 3 and 4 regarding calculation of the 5 years. This includes 1/2 of time spent as a student. Looks like that has been overlooked by the UK legislation.