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getting immigration advice

General UK immigration & work permits; don't post job search or family related topics!

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Cleo
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getting immigration advice

Post by Cleo » Mon Mar 28, 2005 1:07 pm

I am seeking immigration advice - I have a difficult question on ILF under HSMP (see http://www.immigrationboards.com/viewtopic.php?t=3488)

I would like - ideally - to speak to both official immigration authority (Croydon? do they have consultation unit?) and immigration lawyer specialist (workpermit.com persom would be great, i have talked to them back in 2001 and they were helpful).

Can you suggest how I can find these people? workpermit.com seems to give only on-line consultations and i want a personal meeting...

cheers

Cosmopol
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Location: London

Post by Cosmopol » Mon Mar 28, 2005 1:30 pm

Have you checked under "Contact Us" section on the main workpermit.com page?

Cleo
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Post by Cleo » Mon Mar 28, 2005 1:41 pm

oh, the phone number for the London office is in small print :D so I didn't notice it before all e-Assessment links

will call them tomorrow!!

still is there any way to receive an official consultation with Immigration and Nationality Directorate? their website seems to be down this weekend

Cosmopol
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Post by Cosmopol » Mon Mar 28, 2005 1:47 pm

Personally having gone through numerous litigations with governments, I don't believe in "official" consultations with authorities. Yet it always helps to ask questions on the phone - better yet, ask the same question(s) several times to be on the safe side.
;)

Cleo
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workpermit.com

Post by Cleo » Wed Mar 30, 2005 9:30 am

Cosmopol wrote:Have you checked under "Contact Us" section on the main workpermit.com page?
I've just called workpermits.com to arrange an appointment for consultation. I have not be treated like this on the phone for a long time! The person who answered the phone asked me the subject of the consultation (I explained - obtaining ILR under HSMP) and then repeatedly told me "there will be no use in the consultation unless you have been here under HSMP for four years"). I am still two years short of that and as I consider different career opportunitites for the next two years I wanted to obtain a professional opinion on how these different options will impact on my chances of getting ILR in two years time.

Nevertheless, after I explained this, the person on the phone said again "unless you have been here for four years under HSMP you will waste your money on consultation". Can you believe this?? If they don't want any business why do they advertise their phone number on the web??? I told him it is up to me to decide how to spend my money ;)

I said at the end that if their lawyers are like him and don't listen to clients then I perhaps don't want their consultation. The caller then got guieter and made me an appointment for next week. But I am hesitant to come!! I can't beleive they treat their callers like this - would my money be spent better somewhere else???

can someone recommend an immigration lawyer who is prepared to listen to the client? many thanks

eeckard
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Post by eeckard » Wed Mar 30, 2005 9:14 pm

Your career choice is irrelevant as long as you maintain HSMP status for the period as stipulated in the immigration rules to get ILR (note that courtesy of the Labour Party it may be 5 years instead of 4) and in terms of the immigration rules, then you qualify. The immigration rules are pretty clear on this.

Also note that any consultation now is made on the rules of the day but in terms of the new Labour immigration 5 year plan things can change within the next 2 years so the immigration landscape could be different by then. Save your money for at least another year and a half I would advise.

Cleo
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Post by Cleo » Thu Mar 31, 2005 7:43 am

your career choice is irrelevant
Well before knowing what my current choices are it is difficult to tell isnt it??? some of them involve frequent and prolonged absences abroad, for eg.

what exaclty is involved in "maintain HSMP status"? just someone who is able to support his living in the UK no matter what source of income is as long as it is not public funds - what if i inherit a lump sum sufficient to keep me going for the full four years without working? what are the criteria for granting ILR at the end of four years (I read somewhere that the applicant should be "settled" - i wanted to check whether I would qualify) given the current rules.

Thank you for your post eeckard (are you related to workpermit.com by any chance?) but I still think that getting an immigration advice before taking up a new assignment is my money well spent. I just wish there were advisors who listen to the client first before jumping to conclusions.

eeckard
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Post by eeckard » Thu Mar 31, 2005 6:33 pm

Cleo, I am afraid I am not related to workpermit.com, just a regular visitor contributing as this site helped me get my ILR just a few weeks ago.

You mention frequent and prolonged visits away from the UK. This one could cause a problem as the officer on my case made a point of checking how long my visits away were (90 day rule applies).

On HSMP status, clealry to qualify for HSMP you need to comply with requirements to get it and then again a year later show you are "economically active" still to maintain it. Not sure if living off inheritance would qualify.

I have read this site back to front a long while before applying for ILR. Keep an eye on changes to immigration rules for the next year.

If I can impart some knowledge on current experience. The process was very administrative rather than inquisatorial. It felt almost as if the officer was "ticking the boxes" when asking for forms (in fact he must have as he made notes on his paper like "Funds OK" and "Marriage Certificate OK"). In my opinion the rules for granting ILR are very much black and white. Yes there are a few grey areas but few and far between. Good Luck.

sywahu
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Post by sywahu » Thu Mar 31, 2005 7:39 pm

eeckard,

Regarding the marriage certificate, did you have your local one and then got it translated (or something) for the ILR applicaiton? Is it a standard format for all countries and do we need to provide some documents to get it translated for HO?

Thanks
Sy.

Cleo
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Post by Cleo » Thu Mar 31, 2005 8:12 pm

eeckard wrote:In my opinion the rules for granting ILR are very much black and white. Yes there are a few grey areas but few and far between.
Do you happen to know what they are? I would love to see them in black and white, I have searched the IND site for some time but could not find "the criteria for granting ILR"!! (only application form is available). I also posted this question on this site but got no reply so far. Can you help?

Joseph
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Location: London

Post by Joseph » Fri Apr 01, 2005 9:23 am

Cleo
Don't worry, your case is relatively easy. See my response on your other string.

The rules for ILR after HSMP are below:
Indefinite leave to remain as a highly skilled migrant

135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:

(i) has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom in this capacity or has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom which includes periods of leave to enter or remain granted under paragraphs 128 - 319 of these Rules; and

(ii) for the period of leave as a highly skilled migrant, has met the requirements of paragraph 135A (i)-(iii); and

(iii) for any period of leave not in this capacity, has not had recourse to public funds; and

(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.
http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

Regarding immigration advice. You have a few options:
1. Try to ask IND. You will not get an "official" answer. Only unofficial ones which may be wrong or contrdictory.
2. Get a solicitor. They will give you the same advice as above and will charge about £600 - £1200 for an ILR application in addition to the application fee.
3. DIY (do it youself) based on the free advice offered by the board. Since the board is free and run by volunteers who have other lives, you should not expect to get quick or even right answers. The onus is on you to do the research and work to make sure it is done right. The board can only point you in the right direction.

Joseph

Cleo
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Post by Cleo » Fri Apr 01, 2005 2:21 pm

Joseph!!!! you are a star!!! :!: :!: :!:

thanks so much

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