- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
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); and
(ii) throughout the five years spent in the United Kingdom has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain as a highly skilled migrant
135GA. Indefinite leave to remain may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 135G is met and that the application does not fall for refusal under paragraph 135HA.
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 128 (i) to (v) throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a work permit holder
135. Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 134 is met.
gordon wrote:To clarify, I mean within the five year minimum.I've only seen rules that suggest that one can no longer go from HSMP to WP to ILR, not that one couldn't go from HSMP to WP back to HSMP and then ILR.
Not saying that you shouldn't confirm from HO, but paragraph 13G(i) is exactly about what Gordon has proposed.dost halepoto wrote:However your idea to switch again to HSMP might be worthful, however still needs more confirmation from home office.
SYH wrote:Curious, why did you switch out of HSMP???
In any case, switching back would be the only way to get the prior hsmp time back OR
LONG SHOT, apply for ILR under exceptional circumstances and see if they buy it. What do you have to lose except 750 pounds
I am aware of the change but he renewed under wp before the changepantaiema wrote:I think, people switch from HSMP to WP because of recent change that require the existing HSMP to requalify points of 75. Some people do not reach the threshold point and therefore have to swich to WP.
Pantaiema
SYH wrote:Curious, why did you switch out of HSMP???
In any case, switching back would be the only way to get the prior hsmp time back OR
LONG SHOT, apply for ILR under exceptional circumstances and see if they buy it. What do you have to lose except 750 pounds
gordon wrote: I've only seen rules that suggest that one can no longer go from HSMP to WP to ILR, not that one couldn't go from HSMP to WP back to HSMP and then ILR.
Just a thought; I'm only speculating.
AG
In contrast, Person B is on HSMP for one year, then on WP for three years, and then back on HSMP for the fifth year. Can person B apply for ILR? The regs indicate that the applicant would have to apply for ILR with the most recent period (unspecified duration) on HSMP, and that previous (but continuous) settlement-eligible time could include HSMP, WP, or innovator leave.Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 128 (i) to (v) throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
It is not remotely clear to me that dost halepoto must wait until early 2012 to apply for ILR if he varies his leave back to HSMP sooner than that. The question is: if he switches back to HSMP now, would he then be able to 'claim back' his settlement-eligible time and apply for ILR in, say, late summer 2007 ? I can't find anything that precludes his doing so - and that's why it's a thought exercise. But whatever one thinks of such a proposal, it seems to me that having ILR in the near future would be a tremendous benefit for dost halepoto.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); and
(ii) throughout the five years spent in the United Kingdom has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Gordon, I completely agree with this. As their clock was reset once they switch to WPgordon wrote:pantaiema
Person A is on HSMP for one year and then switches to WP for four years thereafter. According to the current rules, person A would have to wait one more years (on WP) to qualify for ILR. The clock has been re-set, de facto, because the regulations do not appear to permit WP-holders to amalgamate other leave with their WP leave, to meet the five-year minimum.
AG
I think they could only apply ILR after WP (3 years) + 3 years+ under HSMP (when they switch back) as the most recent time under HSMP must be greater then WP. So at least 6 years after they switch back to HSMP from WP. The previous leave under HSMO is here irrelevant is it is already reset once you switch to WP. But I am not sure about this.gordon wrote: In contrast, Person B is on HSMP for one year, then on WP for three years, and then back on HSMP for the fifth year. Can person B apply for ILR? The regs indicate that the applicant would have to apply for ILR with the most recent period (unspecified duration) on HSMP, and that previous (but continuous) settlement-eligible time could include HSMP, WP, or innovator leave.
AG
Yep he applied in July last year for the change. after the 4 to 5 change but before the point system change so he should have renewed under hsmp. oh wellpantaiema wrote:SYH,
If this is the case than I am really confusing about this person case. I even doubt that such case is exist as I do not see any reason why person under HSMP could make such bad decision.
SYH wrote:
I am aware of the change but he renewed under wp before the change
However there is nothing written on the ho side indicating that this is a recognized method to ILRRog wrote:H O keeps stating that the revision from 4 to 5 is to bring ILR in line with EU. However, as per EU directives, a person who has been in a working visa for 5 years, has been economically active and can show that he/she can support himself without assistance from the state should by given ILR.
In this case, resetting the clock is contranvention of the EU norms. HSMP holders who switch to WP should get ILR after 4 years HSMP followed by 1 year WP. When such cases come up, it will be difficult for HO to refuse ILR in most cases
Ok but I think there may be a basis for why the HO would not recognize hsmp then wp status leading to ILR. As HSMP, you were not obligated to work every single moment under that status if you had it for 5 years to obtain ILR where as with wp you pretty much were. If you are not holding this "elite" status when you reach 5 years of residency then you get broadsided with the burdens of restarting the 5 year clock.Rog wrote:Agreed, the HO's stand is that if you switch to WP your previous leave as HSMP does not count towards ILR with affectively states that they will restart the clock
I am pointing out that this is in contravention to European guidelines of 5 years as a working immigrant leads to ILR
Hence if a person with 4 years HSMP + 1 year WP is refused ILR he can legally challenge the HO on this, as they have changed the ILR 4-5 to bring it line with Eur norms hence have to follow the other norms as well. This is providing he has been working for 5 years and does not have criminal convictions etc