Approaching 10 years for ILR - help please!

[HSMPgirl]

Hi all,

I am currently on HSMP. I first came to the UK on 2 June 1999 on a multiple-entry visitors visa valid for 5 years (i.e. the expiry date of the visa was 2003).

I left the UK on 14 November 1999 in order to get a writers and artists visa, which I received just 3 days later as an entry clearance whilst in my home country. On 13 December 1999 I returned to the UK.

Can I apply on 6 May 2009 for ILR? (That is 28 days before my ten-year mark approaches).

I have no gaps. My key concern is the entering on a visitor's visa. I have had conflicting statements from a lot of people, some of whom say it's fine, and others not...so clarification and any thoughts/advice would be most appreciated.

My HSMP expires on 5 July 2009. And no, I can't renew my HSMP because I will fall below the required earnings threshold. Given the current economic climate, I haven't earned enough so far to meet the threshold. That's why it's crucial for me to apply for ILR before my HSMP expires!

Thanks all.

[drjabberwocky23]

I may be wrong on this one, but I suspect that your visitor's visa will not count towards the 10 year-rule. I think this would have to do with the fact that you would have to be resident/working in the UK, and your previous status as a visitor may not be relevant.

Unfortunately, I think that the earliest you would be able to apply is in November 2009.

I'm sure some of the more experienced members of this site will provide more accurate advice. Also, it may be worth considering that the 10 year-residence rule may not exist in mid-late 2009 depending on the New immigration bill.

[Wanderer]

I may be wrong on this one, but I suspect that your visitor's visa will not count towards the 10 year-rule. I think this would have to do with the fact that you would have to be resident/working in the UK, and your previous status as a visitor may not be relevant.

Unfortunately, I think that the earliest you would be able to apply is in November 2009.

I'm sure some of the more experienced members of this site will provide more accurate advice. Also, it may be worth considering that the 10 year-residence rule may not exist in mid-late 2009 depending on the New immigration bill.

There's a gap anyway - left on one visa (visitor) and entered on a another (artists)

Have u not spent five years on WP/HSMP in UK?

[Mr Rusty]

I think this is the rule which disqualifies the period you spent here as a visitor:

"20A. Leave to enter or remain in the United Kingdom will usually lapse on the holder going to a country or territory outside the common travel area. However, under article 13 of the Immigration (Leave to Enter and Remain) Order 2000 such leave will not lapse where it was given for a period exceeding six months or where it was conferred by means of an entry clearance (other than a visit visa)."

You would have been given leave to enter as a visitor for 6 months when you arrived on 2nd June 1999. Your leave lapsed when you left on 14th November, and the gap between then and your return on 13th December disqualifies what went before from counting towards your 10 years.

Sorry.

[ci07jjs]

Hi all,

I am currently on HSMP. I first came to the UK on 2 June 1999 on a multiple-entry visitors visa valid for 5 years (i.e. the expiry date of the visa was 2003).

I left the UK on 14 November 1999 in order to get a writers and artists visa, which I received just 3 days later as an entry clearance whilst in my home country. On 13 December 1999 I returned to the UK.

Can I apply on 6 May 2009 for ILR? (That is 28 days before my ten-year mark approaches).

I have no gaps. My key concern is the entering on a visitor's visa. I have had conflicting statements from a lot of people, some of whom say it's fine, and others not...so clarification and any thoughts/advice would be most appreciated.

My HSMP expires on 5 July 2009. And no, I can't renew my HSMP because I will fall below the required earnings threshold. Given the current economic climate, I haven't earned enough so far to meet the threshold. That's why it's crucial for me to apply for ILR before my HSMP expires!

Thanks all.

Is it possible to switch from hsmp to student visa? if it is so, then you have a chance I think.

[Siggi]

HSMP girl,

If I understand you correctly, from June 1999 you had a multi entry visitors visa until June 2004 so five years.This will not count in any way towards your ILR.

But assuming you have had HSMP since June 2004 it would mean that you could apply for ILR 28 days prior to your fifth year on HSMP.
Bear in mind I assuming a lot here.