HSMP->Tier1->Tier2->ILR

[hsmphsmp]

I entered UK under HSMP, I got extended in to tier 1 last year. But I won't be completing 4 years and 11 months towards the end of my current tier 1 visa. I am 3 months short of completing 4 years and 11 months, because I entered 3 months later after my initial HSMP visa granted.

I doubt if I can manage points to get another tier 1 extension. If I manage to get tier 2 visa at the end of my tier 1 visa that I have now, can I then apply for ILR when I am having tier 2 (after I compensate for 3 months shortage).

HSMP->Tier1->Tier2->ILR is this route to ILR possible?

I read the bia home office site, my under standing is it is possible, but want to confirm from other members. I appreciate your responses.


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245ZH. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 2 Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have 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 Tier 2 Migrant, in any combination of the following categories:

(i) as a Member of the Operational Ground Staff of an Overseas-owned Airline,

(ii) as a Minister of Religion, Missionary or Member of a Religious Order,

(iii) as a Qualifying Work Permit Holder,

(iv) as a Representative of an Overseas Business,

(v) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,

(vi) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant, or

(vii) as a Highly Skilled Migrant,

(viii) as an Innovator,

(ix) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or

(x) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:

(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an intra-company transfer.

(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that he still requires the applicant for employment.

(e) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
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Thank you

[geriatrix]

HSMP->Tier1->Tier2->ILR is this route to ILR possible?

Yes, so long it is not Tier 2 (ICT).


regards

[avjones]

When did you get the HSMP visa?

[hsmphsmp]

Thanks sushdmehta

Hi avjones.

I got my hsmp on Dec2007 and entered UK around Aprl 2008. I renewed my visa to tier 1 on Dec 2009.

The current rules seems to suggest that if any one got tier 1 between march 2009 to april 1010 (not sure of exact dates any way doesn't matte rin my case), then next renewal does not provide option for claiming points for bachelors degree. I don't have masters' degree. Hence I may not be able to renew my tier 1 again. So wondered if switch to tier 2 will my ILR clock will reset or not?

[geriatrix]

So wondered if switch to tier 2 will my ILR clock will reset or not?

As mentioned before, no problem as long as it is not Tier 2 (ICT) that you intend to change to. (245ZH(b)).


regards