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EdgeHillMole wrote:IMHO, my reading so far of the 2006 rule changes and what they mean:
1. HO intends to apply any new rules, including anything such as a new Tier system, to all existing HSMP applicants WHO NEED TO MAKE ANY EXTENSIONS. We can perhaps also infer they will make the new Tier system apply to extensions for all existing Work Permit holders.
2. HSMP/Tier 1 Visa holders have to RESIDE in the UK at least 5 years (4 years, 11 months) before they can apply for ILR. If an HSMP/Tier 1 visa holder has not been RESIDING in the country for 5 years, they will have to apply for an additional HSMP extension instead of ILR;
3. HSMP/Tier 1 Visa holders who later move from HSMP/Tier 1 to Work Permit/Tier 2 will NOT qualify for ILR after RESIDING in the UK for 5 years.
To get ILR, one must be 5 years solely working on a Work Permit, or 5 years on Work Permit + HSMP where the last part of the 5 year period MUST HAVE BEEN ON THE HSMP/Tier 1.
4. HO can change the rules at any time on extensions without a moment's notice, affecting people applying for extension tomorrow. Therefore, today the rule for Tier 2 may be to obtain X number of points, but tomorrow the rule could change so that only occupations on a "skills-shortage-list" will qualify for a Tier 2 Extension. Another example: HO may change the ILR qualifying period from 5 years UK residence to something really long like 10!
It is for these reasons, especially this last item of hurdles changing to anything at a moment's whim for long-standing, settled UK residents, that we need to support the Judicial Review for HSMP extensions.
Oh Yes, All new applicants who may enter in UK on hsmp visa for 2 year based on present rules better be prepare for changes in 2008.save wrote:Hi,
I understand about the impact of the new regulations on new applicants for HSMP or people wanting extension. What about those, who are applying for visa just now. If they get visa for two years, could the new policy be a threat to them too. Would they be asked to reapply in jan'08 once the new policy comes up again? any ideas....thoughts!!!!!!!!!!!!
SpiderKing,SpiderKing wrote:Hi EdgeHillMole,
Taking my case as an example, I have already lived 2.3 yrs here and Now I have got HSMP approval. If I switch to HSMP now will my WP period be counted for ILR in the new system?
Also, if I fail to qualify for extention after 2 yrs due to further rule changes in the future and in such situation if I moved back to WP again then do you think I will be able to qualify for ILR?
Regards
SK
Unfortunately, I'd have to call the information very authentic. I got it directly from the Home Office websites and documents. Here are my references:SpiderKing wrote:Hi EdgeHillMole,
Could you pls clarify following:
3. HSMP/Tier 1 Visa holders who later move from HSMP/Tier 1 to Work Permit/Tier 2 will NOT qualify for ILR after RESIDING in the UK for 5 years.
To get ILR, one must be 5 years solely working on a Work Permit, or 5 years on Work Permit + HSMP where the last part of the 5 year period MUST HAVE BEEN ON THE HSMP/Tier 1.
From where you get this information? How authentic it is?
BostUS,BostUS wrote:My education, experience, etc. in finance/accounting area.
I think quite a few of us are concerned when it comes time for extension we may not be able meet either the Tier 1 or Tier 2 criteria and will face deportation.guly3 wrote:I wonder what the fuss is all about ?
I have already got the HEMP visa in Feb 2007. and i have to apply for extension in feb 2009.EdgeHillMole wrote:Gul,
As the rules currently stand, and since you moved from WP -> HSMP with no gaps, I'd say you would be OK to apply for ILR next year.