Archive » United Kingdom » That's interesting
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| Thorsten von Thyssen Member Member # 4397 | Posted February 23, 2004 04:15 PM You can also aggregate time spent under HSMP with the following (for ILR purposes): 1. Years spent as a dependent of a WP holder (or as a dependent of any person in a category that leads to settlement). 2. Years spent as an unmarried dependent. [ February 23, 2004: Message edited by: Thorsten von Thyssen ] -------------------- ----------------------------------- |
| Dip Member Member # 4428 | Posted February 23, 2004 04:20 PM TVT, Is that a question? or a fact? I am actually looking for an answer myself on point #1. I think one can amalgamate the dependent status with HSMP but if you have heard something firm let me know. Rgds |
| Thorsten von Thyssen Member Member # 4397 | Posted February 23, 2004 04:22 PM Just to exemplify:
You then apply for HSMP. After six months on HSMP you are entitled to get ILR. [ February 23, 2004: Message edited by: Thorsten von Thyssen ] -------------------- ----------------------------------- |
| Thorsten von Thyssen Member Member # 4397 | Posted February 23, 2004 04:37 PM That is the outcome of the Immigration Rules: " (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 ..." As you can see time spent under HSMP can be amalgamated with periods spend under other immigration categories in sections 128 to 319 of the Immigration Rules. 1 above is found in section s. 195 of the rules. 2 above is found in s. 295k. -------------------- ----------------------------------- |
| Dip Member Member # 4428 | Posted February 23, 2004 04:56 PM Very helpful. Thanks a ton. Regards |
| Dip Member Member # 4428 | Posted February 23, 2004 05:05 PM TVT ... looking for the URL, Google doesnt seem to be very helpful here. Any chance of a cut paste of the URL link on s.195 Regards |
| Thorsten von Thyssen Member Member # 4397 | Posted February 23, 2004 05:28 PM http://www.ind.homeoffice.gov.uk/default.asp?PageId=3203 -------------------- ----------------------------------- |
| Joseph01 Member Member # 7141 | Posted February 23, 2004 05:31 PM The link to the rules are at http://www.ind.homeoffice.gov.uk/default.asp?PageId=3185 TVT For that matter, HSMP can be combined with almost everything else except visas like Student, Working Holidaymakers, and Au Pair visas: Here's a listing of the categories 128-319: quote: One thing is for sure, it removes any doubt about whether time spent on TWES counts toward ILR. TWES doesn't necessarily count when combined with other work permits (it may on an exception basis), but TWES definitely counts when combined with HSMP! Joseph |
| Thorsten von Thyssen Member Member # 4397 | Posted February 23, 2004 06:13 PM I don't think the HO intended HSMP to be aggregated with TWES (does not lead to settlement). -------------------- ----------------------------------- |
| Kayalami Member Member # 5984 | Posted February 23, 2004 06:27 PM J01 - to add to TVT's comment TWES is under paras 116-121 just outside the 128-319 range for HSMP amalgamation for ILR. Don't recall this at all so it must be relatively new. However a closer review of the actual periods considered narrows the suitable options considerably especially those linked to ILR via a settled spouse/ partner (2yrs) so all in all a clever move by the HO although in some cases superfolous. -------------------- ---audi alteram partem--- |
| kim2004 Junior Member Member # 6512 | Posted February 23, 2004 06:32 PM Thats Interesting .. If TWES is to be counted to HSMP, thats means if i get HSMP today .. i will be able to get ILR tomorrow? cheers... |
| Kayalami Member Member # 5984 | Posted February 23, 2004 06:54 PM quote:
-------------------- ---audi alteram partem--- |
| kim2004 Junior Member Member # 6512 | Posted February 23, 2004 06:58 PM ok Thanks,,, this is why i am still working overtime now,, to impress my boss.. and not get sacked last minute !!!! :-) "dreaming of the moment when i neednt to do so.." |
| Joseph01 Member Member # 7141 | Posted February 23, 2004 07:03 PM TVT/Kayalami Thanks for the clarification about TWES. I mistakenly thought it fell under Work Permit. Joseph [ February 23, 2004: Message edited by: Joseph01 ] |
| VikB Junior Member Member # 7059 | Posted February 23, 2004 09:07 PM Hi Kayalami/Joseph/TVT, I had asked this question earlier, but wasn't on HSMP then.. My situation: 01/03/2000 - 26/06/2001 - WP Does this mean I can apply for ILR on 1st of Mar 2004? Thanks, |
| Kayalami Member Member # 5984 | Posted February 24, 2004 10:31 AM If you were a dependent of a person in a category leading to settlement (CLS) then you qualify to apply for ILR in March which I calculate to be the 47th month. If your were not a dependent of a person in a CLS the Home Office will deem the time as such as having re-set your clock counter for ILR purposes back to zero. IMHO they would probably have considered the time as a dependent even if not to a person in a CLS under a concession but not so sure for the length of time = 13mths. However there is no harm in making an application anyway - the most you will lose is 250 GBP and the best well ILR -------------------- ---audi alteram partem--- |
| Dip Member Member # 4428 | Posted February 24, 2004 11:01 AM Kaya/Joseph/TVT, I had this doubt for some time now. Thanks for the clarification. The particular info I was looking for is a Dependent of a WP holder for 2 years followed by HSMP for another 2 years leading to ILR. Watch this space in October 04 for any surprises
You could actually share your experience prior to that. Rgds [ February 24, 2004: Message edited by: Dip ] |
| ND Junior Member Member # 7557 | Posted February 24, 2004 11:08 AM Until now i thought a WP's dependent cannot add that period to HSMP or WP is he/she wishes to convert to them.I though the count will start from zero.But after readinn all yours msg's i am little confused. So one can get ILR by combining both the periods right? i.e WR/HSMP(dependant) + WP/HSMP = 4 years =ILR. |
| Thorsten von Thyssen Member Member # 4397 | Posted February 24, 2004 01:41 PM Another strange thing is that HSMP can be amalgamated with multiple entry WP - certainly a category that does not lead to settlement. -------------------- ----------------------------------- |
| ND Junior Member Member # 7557 | Posted February 24, 2004 01:44 PM Until now i thought a WP's dependent cannot add that period to HSMP or WP is he/she wishes to convert to them.I though the count will start from zero.But after readinn all yours msg's i am little confused. So one can get ILR by combining both the periods right?
Please Can anyone clarify this? |
| VikB Junior Member Member # 7059 | Posted February 24, 2004 06:38 PM Thanks for your clarification Kayalami. I was a Dependent of a person on WP (category 194-196), which falls within the paragraphs 128 - 319! So will definitely give it a try. I am just a bit concerned whether the Case officers at Croydon or any of the other offices would be aware of such amalgamation. But of course it is worth a try! |
| Kayalami Member Member # 5984 | Posted February 24, 2004 06:46 PM ND - Yes. VikB - glad to be of help and best of luck..you can always take a print out of the rules with you although I am sure the HO is on top of this. -------------------- ---audi alteram partem--- |
| ND Junior Member Member # 7557 | Posted February 25, 2004 11:41 AM Thanks Kalyamani ... I am on WP where as my husband is as dependant and we were thinking that he cannot count his stay as dependant.But after i saw the msg u posted its clear that even he has a chance to get ILR if he gets HSMP or WP later. |
| Simpleton Junior Member Member # 5809 | Posted February 25, 2004 02:38 PM @ND I have the same case and the croydon team refused it saying that you clock is setback to zero. My Case is 2yrs (WP) + 1.5 Yrs (Dependand) + 6Months (WP) @Kayalami: Are you sure about that? |
| ND Junior Member Member # 7557 | Posted February 25, 2004 02:46 PM Hi Simpleton, U said 2yrs(WP) + 1.5 Yrs(Dependant) + 6 months(WP) Are u a dependant of WP Holder or HSMP Holder? IF you are not then i think what they said is true. Kayalami what do u say ? |
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