New Tier 1 and existing 1 + 4 HSMP

[jiffry130157]

Hi
Can anybody advise on the necessity of changing over to Tier1 after its introduction in April 08 though the validity of existing FLR remains for 4 years? I think it is not required for HSMP holders who got already 1 + 4 years?

Pl reply and thanks in advance

[nbu]

I am afraid there is another trap... Hope I am wrong, as I recently extended my HSMP visa till 2012.

http://www.bia.homeoffice.gov.uk/policy ... es/part6a/


(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave:

(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator.

[nbu]

Looks like I was wrong... HSMP category is unrelated to Tier 1
One can still apply for ILR after 5 years in HSMP category without switching to Tier!

http://www.bia.homeoffice.gov.uk/policy ... les/part5/

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);

[olisun]

I think it is not required for HSMP holders who got already 1 + 4 years?

Only if you complete your 5 yrs without needing an extension at the end of your visa

[vinay shanthi]

only if u complete almost 5y with 28 days left for 5y period completion (i think). in that time of 28 days you can apply for ILR

[Mrs Khan]

I am also concerned about the same issue. I think most of people will fall short of few months before being eligible for ILR (rule of continious 5 years). I have read home office website and in the rule they have deleted
the paragraphs applicable to HSMP extension / ILR section. My question


Do we need to switch over to Tier 1 extension & How early we can switch over to Tier 1?

[vinay shanthi]

no need to switch over if u have adeq time on ur visa to be eligible to apply for ILR

[Mrs Khan]

Thats the problem i will be facing shortage of 2-3 month as i came to uk three month after i got my initial HSMP approval.

Do i have to do by end of my 4+1 time or can i switch over now to Tier 1- What do u recon

[WoodieG]

I am also concerned about the same issue. I think most of people will fall short of few months before being eligible for ILR (rule of continious 5 years). I have read home office website and in the rule they have deleted
the paragraphs applicable to HSMP extension / ILR section. My question


Do we need to switch over to Tier 1 extension & How early we can switch over to Tier 1?

The have deleted the immigration rules relating to HSMP extensions but the ILR rules are still there. If you need more time you'll need to apply under Tier 1 (General), you can apply at any time.
________
Vaporizer

[Jayceesh]

Mrs Khan,

You and I seem to be in the same scenario. I am on 1+4 but at the end of my existing leave, I will be short by 1 month.

As such I have decided to take the advantage of the points I can get now (due to age and current gross salary), and I will apply by September for Tier 1.

I am hoping that I will get 3 years following from Paragraph 245C of the Immigration Rules.

If however, they decide to give me 2 years (which is not supposed to be), it will be enough to cover me to be eligible for ILR (as of today's policies) as we dont know about Probationary Citizenship laws yet.

[Spear]

If you are short by one month it means that you can apply for an extension close to your leave end (say 7 days before) and before the case is decided you can apply for ILR. This is because you can apply for ILR 28 days before the 5 year residence period is up.
So in my senario 10 days after applying for extension you can apply for ILR.
Of course doing it that way would be very expensive - you would have to pay the extension fee as well a the ILR fee withing a couple days of each other.

[Mrs Khan]

Jayceesh
I think you dont have to worry as u lag behind only one month time, but still if you decides to switch over to Tier 1 in sep could you please let me know whether they give 1+4 +3 /2 extention.
I fear that they might just deduct the fee and change a visa t0 Tier 1 giving us same time frame of 1+4.

[olisun]

If you are short by one month it means that you can apply for an extension close to your leave end (say 7 days before) and before the case is decided you can apply for ILR. This is because you can apply for ILR 28 days before the 5 year residence period is up.
So in my senario 10 days after applying for extension you can apply for ILR.
Of course doing it that way would be very expensive - you would have to pay the extension fee as well a the ILR fee withing a couple days of each other.

It depends when Jayceesh entered the UK... if he entered in the first week after getting EC then he should be okay, but if he entered after a few months then he needs an extension to his current FLR before he can apply for ILR

[Jayceesh]

All,

Maybe I didnt explain my case well the first time but my timelines leaves a little to worry about and I have since sat down to plan it all. I will try to highlight it so you all can see why I chose my route.

22-Jul-2005 HSMP Entry Clearance stamp with 1 year validity
17-Sep-2005 Entry to UK
22-Jul-2006 HSMP Extension with 4 years validity till 22-Jul-2010

Looking at my dates, you will see that under current laws, I will only qualify for ILR on or after 17-Aug-2010, however I do not have a visa to cover me till then. I know there are certain cheeky ways to make up for it but I aint taking any chances.

Hence, I am going to switch into Tier 1 by 17-Sep-2008 as I know that I will make the 75 points by then and will also get at least 2 years will take me to 17-Sep-2010 at least, so under the recent laws I could apply for ILR by 17-Aug-2010 ceteris paribus

[captor]

do you know how early can you apply for extension ?

My passport will expire and I need to renew it and also for my wife aswell
and my visa expires on Aug 2009 can I apply for extention now (as I will need to extend the visa any way later and I also want the stamp to be on the valid passport).
Do you think this is a good reason to apply for extension early?

Thanks alot

[sunny9675]

as per thier program ( i think )

they will not spare any one
even 1+ 4 hsmp

reasons
1. fees
2. english
3. maintenace fund

so it will be day dreaming for those on 1 + 4 hsmp

they made life hell for 1+3 hsmp
even for work permit holders

all those from early 2004 on work permit or hsmp will have to go through renewal process.

how can 1+4 hsmpian can sleep without their medicine
regards

[aj77]

1+4 group will complete their 5 year period in april 2010 and afterwards.Till then new proposed system would have been implementd and if that system implemented retrospectively like previous changes then 1+4 group might be preparing for temporary citizenshipship visa instead of getting ILR at that time, I guess.

[vijuvasishta]

Hello all,
I am very confused about my eligibility for ILR,kindly help
I entered UK in Feb 2003 on permit free training as i am a doctor and then applied for HSMP in Aug 2005 and was granted HSMP initially for 1 year.I applied for an extension in July 2006 and was given a 4 year extension which is now valid till 19th august 2010.
So am i eligible to apply for ILR just by my HSMP status or should i convert to Tier 1 to get ILR.
If i am eligible how early can i apply for ILR

Your help and advice is greatly appreciated

[jiffry130157]

Hi All

Thanks for all for their own views. I am also just short of 8 days before completing 5 yrs continuos stay. I am really confused now. But it seems the way it comes we have to face the problem. On top of it most of us will not be able to get required points 75 under Tier 1 to switchover to Tier 1. Any compassionate ground they may consider if HSMP holders apply for ILR as it is not possible all to come immediatly just after recieving EC as it takes some time to prepare to come leaving your job, making arrangement for the family to stay alone in our absent.

Further some come as soon as possible but in between they are not in UK for longer period . Others come little later at the beginning but most of their stay are in UK for the 5 yrs period. So probably this may be considered to be fair with all, I hope , though you entered UK a couple of weeks later after EC, still you were in UK most of your 5 years time. On top of it no one was knowing all these rules before coming to UK The only problem is in the application time . However I think people can explain this and apply , may be , 28 days before the expiry of FLR visa!

Any view on this please

Regards

[jiffry130157]

Hi All

Thanks for all for their own views. I am also just short of 8 days before completing 5 yrs continuos stay. I am really confused now. But it seems the way it comes we have to face the problem. On top of it most of us will not be able to get required points 75 under Tier 1 to switchover to Tier 1. Any compassionate ground they may consider if HSMP holders apply for ILR as it is not possible all to come immediatly just after recieving EC as it takes some time to prepare to come leaving your job, making arrangement for the family to stay alone in our absent.

Further some come as soon as possible but in between they are not in UK for longer period . Others come little later at the beginning but most of their stay are in UK for the 5 yrs period. So probably this may be considered to be fair with all, I hope , though you entered UK a couple of weeks later after EC, still you were in UK most of your 5 years time. On top of it no one was knowing all these rules before coming to UK The only problem is in the application time . However I think people can explain this and apply , may be , 28 days before the expiry of FLR visa!

Altrnatively can anyone advise the possibility of further extension to existing FLR and in what bsis the extension will be given ? And what points I have to score?

Any view on this please

Regards[/quote]

[apply4hsmp]

http://www.bia.homeoffice.gov.uk/ukresi ... ettlement/

This section explains how you can apply for permanent residence in the United Kingdom (we call this 'indefinite leave to remain').

After you have lived legally in the United Kingdom for a certain length of time (usually between two and five years), you may be able to apply to live here permanently, depending on the category of visa you have. You should see the appropriate category for more information on whether you can apply for permanent residence and the qualifying period for it. See Application types for details of categories that may qualify.

If your visa category is not listed in Application types, you may not be able to apply for permanent residence. If you are here on a working visa, the appropriate section of Working in the UK will tell you if it is possible to apply for permanent residence.

In order to apply for permanent residence, you will normally first need to show that you have enough knowledge of language and life in the United Kingdom.

You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.


You can make a single payment to cover up to 25 postal applications by using form postal multiple payments, which you can download from the right side of this page. If you use this form, you do not need to to complete the payment details in the individual forms for which you are paying. There is no need to use this form if you are making a single payment for a number of premium-applications when you apply in person at one of our public enquiry offices. Personal cheques must have a valid cheque guarantee card that covers the full amount you are paying.

For information on which application form you will need to complete, see Application types.


Frequently Asked Questions

What is my immigration status while my application is being decided?

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

[kiran_pinto]

Hi all,

please see our query regarding ILR for those falling short by few days who are on 1 + 4 yrs HSMP.
The below email was put forward to the Home office asking what steps needs to be taken to qualify for ILR.

-----Original Message-----
From: xxxxxxxxxxxxxxx
Sent: 03 April 2008 10:57
To: IND Public Enquiries
Subject: Query regarding ILR

Dear Sir / Madam,

I have a query regarding Indefinite Leave to remain and I am hoping you
can help.

I am in the UK on the old HSMP visa scheme (1+4 years),and not Tier 1
or
PBS scheme.

HSMP visa issued date:29/11/2005.
Entered the UK date :15/01/2006
HSMP visa expiry date: 29/11/2010

I would be applying for ILR, 28 days prior to the expiry of the visa.
From the date of entry to the date of expiry mentioned above, that does
not make it 5 years exactly, although my passport has been stamped a
total of 5 years.

My question is: Will I be granted ILR based on my above scenario? If
not, what do I need to do to make good, the loss of those few days, so
that I could get the exact 5 years?

Everyone seems to have different views on this situation.

I look forward to your reply.





We got the below reply from the Home Office but fails to say which application form would help to extend for the shortfall.

If anyone has any information please kindly let us know.



Dear Madam,

Thank you for your enquiry.

As of April 3rd 2006, a person needs to complete 5 years under the
Highly Skilled Migrant Programme prior to applying for Indefinite Leave
to Remain.

Such an application will normally be granted if it can be
satisfactorily
demonstrated that the applicant meets the requirements of the
Immigration Rules and has spent a continuous period of 5 years in the
United Kingdom in this capacity.

You can apply for an extension on your HSMP Leave to Remain, to allow
you to complete 5 years in this capacity. You will need to complete
and
submit application form FLR(HSMP).

The earliest you may submit an application for Indefinite Leave to
Remain is up to 28 days before the completion of your 5th year.

Application forms are available from the UK Border Agency website at
www.ukba.homeoffice.gov.uk or by calling the Application Forms Unit on
0870 241 0645.

All details and instructions are included with the forms.

Yours faithfully,

xxxxxxxxxxx

Managed Migration

UK Border Agency

[pullikanti]

Hi,
If we want to write/ask queries to UK Border Agency, what is the email id or postal address that should be used.

Thank you.

[geriatrix]

Hi,
If we want to write/ask queries to UK Border Agency, what is the email id or postal address that should be used.

Thank you.

Contact centres

[pullikanti]

Thank you.