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In-country switching holiday visa to Tier 1

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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djanm
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In-country switching holiday visa to Tier 1

Post by djanm » Sun May 01, 2011 11:27 pm

Assuming the goal posts aren't moved again I will be applying for ILR next year.

I entered the UK on a working holiday visa in April 2006. Under this I was eligible to work for 12 months in a two year period.

I made an in-country application for a tier 1 visa which was approved March 7 2007. I had assumed that my status had automatically switched upon issue but I have read on this newsgroup that I needed to leave and re-enter for my status to be updated.

I did not leave the UK for many months after the issuing of my Tier 1 visa so I am confused about my status, and as a result, when I would be able to apply for ILR.

If it is true that my status did not update automatically then for any time I remained in UK working between April 2007 and before re-entry, I would have been working illegally. This is because a working holiday maker was permitted to work for a maximum of 12 months.

However I can't fathom that by remaining in the United Kingdom with valid visas I would not have immigration status.

Could somebody advise when I would be eligible to apply for ILR?

geriatrix
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Post by geriatrix » Mon May 02, 2011 12:02 am

There was no Tier 1 in 2007. There was HSMP.

If you received an HSMP approval letter on March 7, 2007 but required you to leave UK and make an entry clearance application from outside the UK, then your ILR clock started the day you entered UK as an HSMP migrant (after getting entry clearance).
Life isn't fair, but you can be!

djanm
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Post by djanm » Mon May 02, 2011 9:45 am

Apologies for not being clearer. You are correct, I switched from working holiday to HSMP.

The approval letter did not mention anything about leaving and re-entering to start the clock.

I had spoken to a solicitor who said in this situation the 7th March would be the start date but the exiting/re-entering thing makes more sense.

I had also read somewhere UKBA might accept an application earlier than 28 days with discretion where the applicant has had the visa issued but has not entered, perhaps I fall into this category.

I note on this link that the date of issue was listed as the start date for somebody switching from student visa to work permit:
http://www.immigrationboards.com/viewto ... b25b627dfd

geriatrix
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Post by geriatrix » Mon May 02, 2011 10:45 am

Who issued the visa (not the HSMP approval, but the vignette in your passport? Was it UKBA in UK or a British diplomatic post (high commission) overseas?

What is the valid from / issue / effective date on this vignette?
Life isn't fair, but you can be!

djanm
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Post by djanm » Mon May 02, 2011 2:22 pm

The place, date of issue section is listed as WPUK Moorfoot, 07 MAR / MARS 07. ps thanks for your help to this point.

geriatrix
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Post by geriatrix » Mon May 02, 2011 2:31 pm

Then you became a HSMP migrant on 07-Mar-07 and you ILR clock started from that day.
Life isn't fair, but you can be!

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