pantaiema
The point of my comment was to explore the possibility of dost halepoto's obtaining ILR in the near future, not 4.5 years from now. The question is the clock re-set when one applies for ILR while on WP, in contrast to doing so while on HSMP at the point of ILR application. Two examples:
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.
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.
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.
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.
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.
AG
and i want to share some body having simmilar situation and have any legal information to get way out from this condition.
