ILR: Work Permit and Highly Skilled Migrants Permit Combo

[Crommers]

Dear All,

I have been in the country now for over 5 years but I initially came on a work permit and then half way through I swapped to a Highly Skilled Migrants Permit. I have rung the Home Office and they have said this is okay, but I am still unsure and am really lost in regards to how I should complete the application form.

Does anyone have any experience with this?

Many thanks

[jinkazama_11]

Dear All,

I have been in the country now for over 5 years but I initially came on a work permit and then half way through I swapped to a Highly Skilled Migrants Permit. I have rung the Home Office and they have said this is okay, but I am still unsure and am really lost in regards to how I should complete the application form.

Does anyone have any experience with this?

Many thanks

What date you got your initial WP and when you switched to HSMP?

[Crommers]

I initially came on a working holiday visa which was for 2 years and then I got a work permit on 28th March 2006 I then swapped to a Highly Skilled in July 2007 and am currently on that now.

[geriatrix]

I initially came on a work permit and then half way through I swapped to a Highly Skilled Migrants Permit.

I initially came on a working holiday visa

Contradiction!

Anyhow,
1. If you switched from WHM to WP from within the UK, then your ILR clock started on the date your WP leave to remain vignette was issued.
2. If you first entered UK on a WP, then your ILR clock started the day you entered UK.

Assuming you switched from WP to HSMP / Tier 1, you may be eligible to apply for settlement no earlier than 28 days before the 5th anniversary of the date arrived at from above (point 1 or 2, as the case may be).


regards

[Crommers]

Well i didn't put WHM in my first post as it doesn't matter for this instance! Was background information rather than a contradiction!

I know I can apply for the residency permit but my original question was how do I go about completing the form!!!!!!

Would you suggest that I tick both the WP and HSMP?

Thanks,
Rachael

[jinkazama_11]

Well i didn't put WHM in my first post as it doesn't matter for this instance! Was background information rather than a contradiction!

I know I can apply for the residency permit but my original question was how do I go about completing the form!!!!!!

Would you suggest that I tick both the WP and HSMP?

Thanks,
Rachael

Well the dates and immigration status are important.
If you switched in country from WHM to WP then your clock will start on the date your got your visa and not the date you got your WP approval letter. After switching to HSMP in July 2007 you should have had extension because initial visa is either issued for 2 or 3 years. in that case you are now under Tier 1.
You should select Tier 1 on form but also provide your WP details.

[geriatrix]

Well, it does! If you switch (apply in-country) the ILR starts from the day it is issued. When you enter in a qualifying category, ILR clock starts on the day of entry (and not when the visa is issued) ... and that's how not clearing a contradiction may lead one to apply on a date that he/she may not be eligible .. and in turn resulting in a refusal!

You are a currently a Tier 1 migrant and that's the basis of your settlement application. What status you had in the past is not the basis of your current application. So, complete the form accordingly.


regards

[Crommers]

Thank you!

I had to be out of the country to apply for my work permit when going from WHM to work permit. So would that mean it would be from the date that my passport was stamped by immigration the first time?

Great thanks - will apply using Tier 1.

R

[jinkazama_11]

Thank you!

I had to be out of the country to apply for my work permit when going from WHM to work permit. So would that mean it would be from the date that my passport was stamped by immigration the first time?

Great thanks - will apply using Tier 1.

R

No, the date your entered UK after getting your WP visa.