HSMP continuous Employment

[balajo]

Hi there
I read that for work permit holders that any periods of unemployment will not count toward the qualifying period.
Does that rule apply to HSMP holders? It took me awhile to break into the market and I'd hate to think all that time I supported myself without a job doesn't count toward the 5 year requirement.

[balajo]

Another try for some feedback

[ball1333]

Another try for some feedback

Try posting your message on the dedicated HSMP board

[SYH]

I think this person is talking about ILR under HSMP

[olisun]

Hi there
I read that for work permit holders that any periods of unemployment will not count toward the qualifying period.
Does that rule apply to HSMP holders? It took me awhile to break into the market and I'd hate to think all that time I supported myself without a job doesn't count toward the 5 year requirement.

It all depends on how HO reponds to the JR.... so it's a wait and watch game now...

[balajo]

HI Olisun, why does it depend on the JR.
Is there no guidance on it, any written info or historical precedents?

[Dawie]

Hi there
I read that for work permit holders that any periods of unemployment will not count toward the qualifying period.
Does that rule apply to HSMP holders? It took me awhile to break into the market and I'd hate to think all that time I supported myself without a job doesn't count toward the 5 year requirement.

You are forgetting one crucial difference between an HSMP visa and a work permit...being unemployed on a work permit automatically means that the work permit and any leave attached to that work permit becomes invalid and therefore the potential exists to have a large gap in leave to remain for ILR purposes if you do not obtain new employment and a new work permit quickly enough.

This cannot happen when you have an HSMP visa because this type of visa allows you to work for any employer without having to obtain permission from the Home Office. Therefore it is not possible to have gaps in your leave to remain because it will continue to be valid until the expiry of the visa.