HSMP to WorkPermit

[HSMPnUK]

Hi,

Iam a HSMP visa holder in UK. Came here in Apr 2005. Got 3yrs extension in Mar 2006. Eventhough Iam eligible for an extension in 2009 and ILR in 2010,as per the present (new) 75 points rule, who knows what would happen later.

So there 2 options before me and I think you all would help me in choosing the right one.

1. With the HSMP rules being changed by Home Office often, do you think I could switch to workpermit? (Being in IT field, I think getting an employer who would sponser a workpermit for me is easier.)

If I change my visa from HSMP to Workpermit, will it have any effect on getting an ILR?

2. My spouse's employer is ready to sponser workpermit for her. So do you think it would be a wise move to change my visa status from HSMP to WorkPermit Dependant and my wife changing her visa status from HSMP dependant to WorkPermit?

We are into 2nd year in HSMP.So it could be like, me-1.5 yrs in HSMP,5 yrs as WorkPermit Dependant and for my wife -1.5 yrs as HSMP Dependant, 5 yrs as WorkPermit. Instead of me searching for a new employer who would sponser a work permit for me, I think it is a better idea if my wife gets workpermit through her present employer. If we do so, will it affect our ILR?

Any help about this is much appreciated.

Thanks
HSMPnUK

[Junior0300]

You will have to complete 5 years again on the work permit if you will switch to the dependant visa of your wife

I am not sure though

[knigh7]

sponsoring might be an issue, i'm on a work permit and can not wait till i apply for an hsmp.

[HSMPnUK]

What I thought was when my wife gets a workpermit for her, I would be able to apply for ILR by 2010. (1.5 in HSMP and 3.5 in Workpermit dependant)

or will getting an workpermit would restart my clock for settlement, which means I must be in UK for 5yrs under workpermit category?. So assuming that I get workpermit in 2006, I could apply for ILR only in 2011. Eventhen I think it is a safe bet as atleast I would know for sure that there is no points I need to score during the period.

On the otherhand, I know that a person who starts his worpermit in 2005 but switches to HSMP in 2006 would still be eligble for ILR by 2010. (1yr in WP + 4yrs in HSMP) Am I wrong in this assumption?

Moderators please help me.

[meggles]

i know that switching from WP to HSMP your ILR clock does NOT reset. For example:

I moved here in Sep 03 on WP. I will be switching to HSMP in Jan 07. I will still be eligable for IRL in Sep 08 and Citizenship in Sep 09.

I do not know for CERTAIN if it applies the other way around.

[HSMPnUK]

Anybody out there who has knowledge about this visa switching from HSMP to WP?

[first2last4]

There is loads of information about what you asking for.

[ibo]

I am in a similar situation ie HSMP holder and was considering a change to WP. Checked with my company lawyer and he confirmed that if I change to WP, I will LOSE my time as HSMP holder and the clock will be re-set and I will have to spend 5 more years on WP to get the ILR.

However, if one is switching from WP to HSMP, then one does not lose out on any time and he can amalgamate the time on WP and HSMP.

Regards,

IBO

[bilalsab]

Hi

Since you have a valid HSMP visa till 2009, it is not a good idea to switch to WP NOW. If you look at the proposed point based Tier system, current HSMP will map to Tier 1 which is evident from the latest HSMP rule changes and Tier 1 will be the easiest way leading to settlement. Current WP scheme will map to Tier 2 which might not lead to settlement , so switching to WP is not a good idea for now and you lose the flexibility of changing employer. You have got plenty of time to try and become eligible for an extension in 2009 (in case you are not eligible now)

However, it is a good idea for your spouse to have her own WP.

Hope this helps.

[simar]

HSMPnUK,
also u can now apply for candian PR as backup plan. it takes 2 years from london office to get canadian pr.
No point to having WP status & hanging around with weak status in uk.

[first2last4]

I am in a similar situation ie HSMP holder and was considering a change to WP. Checked with my company lawyer and he confirmed that if I change to WP, I will LOSE my time as HSMP holder and the clock will be re-set and I will have to spend 5 more years on WP to get the ILR.

However, if one is switching from WP to HSMP, then one does not lose out on any time and he can amalgamate the time on WP and HSMP.

Regards,

IBO

Not quite true. Both WP and HSMP are settlement category visa and so period spend in either category can be amalgamated in any case.

Hi

Current WP scheme will map to Tier 2 which might not lead to settlement

Again not true the new policy has spefically mentioned that Tier 2 will be a settlement category visa.

Having said that this holds true as of GMT time 12.46, 15 Nov 2006.
This can change ANY DAY by HO as we witness the trend and I mean it.

[HSMPnUK]

Hi first2last4,

Can you give any website links to substantiate the information that
"HSMP period can be amalgamated with WP"?

Thanks
HSMPnUK

[bilalsab]

I stand corrected. The proposed Tier 2 will also lead to settlement.

[meggles]

can you please post the link to the proposed tier system?

[first2last4]

Hi first2last4,

Can you give any website links to substantiate the information that
"HSMP period can be amalgamated with WP"?

Thanks
HSMPnUK

Go through 1 of the document for new policy released you will find it.
I have read it myself.

[victorind]

Hi ,

I was checking the Home Office new rules document and was bit concerned about the para

"6. For paragraphs 135G and 135H, substitute:

“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);"

Ref: http://www.ind.homeoffice.gov.uk/lawand ... angehc1702

My concern is what the most recent signifies. If we change the visa from HSMP to work permit on the 4 th year will it be okay to qualify for ILR ? I am bit worried of Home Office's super highly skilled talents of reading inbetween the lines to create future support to their new rules.

[ibo]

I reiterate that you can amalgamate the time if you switch from Work Permit to HSMP. But when you switch from HSMP to Work Permit, you lose your time spend here and the clock is re-set..... Another 5 years for ILR. I consulted a lawyer, my company lawyer and this was his response.

Please be very sure and consult a lawyer before you apply for this change.

Regards,

IBO

[root]

is this mentioned anywhere on home office website?

[first2last4]

Hi ,

I was checking the Home Office new rules document and was bit concerned about the para

"6. For paragraphs 135G and 135H, substitute:

“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);"

Ref: http://www.ind.homeoffice.gov.uk/lawand ... angehc1702

My concern is what the most recent signifies. If we change the visa from HSMP to work permit on the 4 th year will it be okay to qualify for ILR ? I am bit worried of Home Office's super highly skilled talents of reading inbetween the lines to create future support to their new rules.

It is very clear from other documents that both tier 1 and 2 are settlement category visa then why would there be dicrimination on change from tier 1 to 2 or 2 to 1.

[Rog]

The Home Office wordings clearly say the MOST RECENT leave should be of HSMP and the remainder of the 5 year period as a mixture of HSMP and WP. This has dangerous implications for those under 1+3 not meeting 75 points for further extension and hoping to switch to a WP during the 5th year. In such a case it is very likely that at the end of 5 years the HO will rule that the MOST RECENT period is under WP and not under HSMP hence the visa holder is not eligible for ILR.

[first2last4]

Quite possible rog.

[root]

but 1+3 people dont need to get 75 points as to show 75 points r only for initial extension

[Rog]

75 points is for all forms of Extension, whether after 1 or 4 years

[shahidsuri]

Hi ,

I was checking the Home Office new rules document and was bit concerned about the para

"6. For paragraphs 135G and 135H, substitute:

“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);"

Ref: http://www.ind.homeoffice.gov.uk/lawand ... angehc1702

My concern is what the most recent signifies. If we change the visa from HSMP to work permit on the 4 th year will it be okay to qualify for ILR ? I am bit worried of Home Office's super highly skilled talents of reading inbetween the lines to create future support to their new rules.

You are looking at the HSMP holder requirements for ILR. If you switch to WP, look for WP holder requirements for ILR.

[HSMPnUK]

FLR(IED) is the form used to extend the WP. In its guidance notes, (Section-1 ,Who can apply FLR(IED), it is mentioned that "[b]This form cannnot be used if you are seeking to apply for limited leave to remain under the HSMP.[/b]"

But under section-2 (Changing Immigration Categories) it is said that "[b]Applications for an extension of stay (limited leave to remain) can only be approved for applicants who are already in UK who satisfy the requirements of immigration rules and who are in UK within one of the following immigration categories[/b]." below which "[b]a highly skilled migrant[/b]" has been listed.

Same form but gives 2 different meanings in 2 different places!