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HSMP is under Chapter 5 Section 11 of the Immigration Directorate's instructions. This section mentions the 4yr period.Smit wrote:This info is useful. However, I note that HSMP is not mentioned anywhere?
The above details are extremely usefull. Thanks for the same.
I have been in the UK for 3 years now and will finish my 4 yrs in Nov 2006. Throughout I have had a legal status here on a workpermit, worked for the same company and have paid taxes, and have maintained a house here till August 2005 (I have council tax and other bills in my name).
Of late I am having to travel more and more on official business. I spent 20 days in France (excluding weekends when I returned to the UK) and have been to India twice for 2 months with a one week break in btw.
Early next year, I am to leave to the US for 3 months.
I have consistently tried to ensure that I do not stay out of the country for more than 3 months at a stretch or 6 months in total.
But I am worried that my absenses will work against me when I apply for ILR ? Does renting a house or being in continous employment here work inyour favour ?
What happens if I do not meet the 'terms for continous residence' ? Does the clock start again and do I need to wait for an addtional 4 years. Or can it be made up the next year ?
Hi,penanglad wrote: Under various paragraphs of HC 395 settlement may be granted to those who have spent 4 years here in certain categories, but only if it has been specifically applied for. This arrangement is also extended to those who have remained here exceptionally outside the rules in permit-free employment for 4 years.
The advice in this annex should be read in conjunction with the section of these instructions relevant to the category in which indefinite leave is being sought.
No, sorry, it does not. Except as I note below, your time in the UK on a student visa does not count towards the ILR qualifying period. So you will need to have nearly 5 years on a WP before you can apply for ILR?I've stayed in UK for 2 years as a student and 3 years on a work permit. Does this mean that I can apply for ILR?
Thanks John! Then do you think for PR, the max. absence is 6months in 4 years?John wrote:No it is not the same, it is different!If the residence requirement for PR is the same as for citizenship ........
hi there,John wrote:No, sorry, it does not. Except as I note below, your time in the UK on a student visa does not count towards the ILR qualifying period. So you will need to have nearly 5 years on a WP before you can apply for ILR?I've stayed in UK for 2 years as a student and 3 years on a work permit. Does this mean that I can apply for ILR?
The exception? Time in the UK on a student visa does count if a Long Residence application is being made. But as the minimum for that is 10 years in the UK, for you Munhumutapa, that is not helpful, because you will need to wait just two more years on the WP route, whereas for a Long Residence application you would need to wait a further 5 years.