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Switching rules for ilr
Posted: Sat Jun 16, 2012 9:34 am
by remzy
A question:
Ive heard that if one switches from hsmp to wp then the time spent on hsmp will not count towards ilr. The 5 years start from when he got the wp.
If a persons history is the following:
Wp ... To tier 2.... Tier 1... To tier 2 ... To tier 1
Then has the ilr time been reset when he last applied to tier 2
Can someone plz advice on this .
Will this combination lead to ilr?
Posted: Sat Jun 16, 2012 9:35 am
by remzy
The above case rfers to teir 2 general both times and tier 1 general
Both times
Posted: Sat Jun 16, 2012 9:46 am
by Lucapooka
You would have to specify which category of Tier 1 and Tier 2 if you expect an answer.
Posted: Sat Jun 16, 2012 9:47 am
by remzy
I have specified that both times it was tier 2 general and both times it was tier 1 general
Posted: Sat Jun 16, 2012 9:48 am
by Lucapooka
In that case they can be aggregated to complete five years residence for ILR purposes if the applications were made inside the UK.
Posted: Sat Jun 16, 2012 9:48 am
by remzy
So its like this
Wp
Tier 2 general
Tier 1 general
Tier 2 general
Tier 1 general
Posted: Sat Jun 16, 2012 9:53 am
by remzy
Yes all applications were made from inside uk
Can u give me a reference for this from ukba's website plz or anyother place u r referring to
Posted: Sat Jun 16, 2012 9:56 am
by Lucapooka
245CD. Requirements for indefinite leave to remain
[...]
the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist,
(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or
(viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.
Posted: Sat Jun 16, 2012 10:05 am
by remzy
Can u plz explain this then:
http://www.lawfirmuk.net/english/faq3.htm
Question no: 2
Posted: Sat Jun 16, 2012 10:13 am
by Lucapooka
It's complete bollocks!. If someone has WP leave and previously held HSMP, and is applying for ILR, they can aggregate their previous leave in a work-related category to apply for ILR
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
However, even though it is wrong information, it's not relevant to you as are not applying for ILR from WP, and, as already indicated, you can use any of the leaves mentioned to aggregate your five years.
Posted: Sat Jun 16, 2012 10:15 am
by remzy
Thank you so muh for clarifying this!
Ive just read the ammendment that came out in feb 2008.
The link i posted seems to be outdated regarding the current rules.
Thank you
