"New guidance from IND website: Clarification required&

[doc123]

"Extension of stay as a highly skilled migrant

135E. An extension of stay as a highly skilled migrant may be granted for a period not exceeding 3 years, provided that the Secretary of State is satisfied that each of the requirements of paragraph 135D,135DA, 135DB, 135DC, 135DD, 135DE, 135DF, 135DG or 135DH is met.

Refusal of extension of stay as a highly skilled migrant

135F. An extension of stay as a highly skilled migrant is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135D, 135DA, 135DB, 135DC, 135DD, 135DE, 135DF, 135DG or 135DH is met.

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) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years? leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as work permit holder under paragraphs 128 to 134 of these Rules, or as an Innovator under paragraphs 210A to 210H of these Rules; "



THIS DOCUMENT SAYS THAT THE HSMP EXTENSION WOULD BE PROVIDED FOR ONLY 3 YEARS, BUT STILL REQUIRES A TOTAL OF 5 YEARS FOR ILR. HOW IS ONE SUPOSED TO GET FURTHER LEAVE TO REMAIN IF THEY DO NOT EXTEND THE LEAVE TO REMAIN BY ANOTHER YEAR OR AM I MISINTERPRETING THIS? PLEASE ADVICE. SORRY ABOUT THE CAPS, BUT TRYING TO SEPARATE THE QUERY FROM THE ABOVE TEXT

[Grateful Dead]

HI

could you tell us where you got this from and what do these sections state?

thanks

[doc123]

I got this info from the immigration and nationality website. It says 4 years for ILR if on work permit and 5 years if on HSMP, but as you can see it also states that HSMP extension will be given only for 3 years, not 4 years. Yest 5 years are required for ILR

[aj77]

There are two links on HO website.One is in News section which is

http://www.ind.homeoffice.gov.uk/ind/en ... rules.html

Other one is

http://www.ind.homeoffice.gov.uk/ind/en ... ges22.html

Issued by Home Secretary of Immigration Department.

Any one of these is true.This will be clarified soon.

If you want to discuss the impact of these changes you can read that post

http://www.immigrationboards.com/viewto ... &start=360