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In-country switching holiday visa to Tier 1

Posted: Mon May 02, 2011 12:27 am
by djanm
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?

Posted: Mon May 02, 2011 1:02 am
by geriatrix
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).

Posted: Mon May 02, 2011 10:45 am
by djanm
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

Posted: Mon May 02, 2011 11:45 am
by geriatrix
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?

Posted: Mon May 02, 2011 3:22 pm
by djanm
The place, date of issue section is listed as WPUK Moorfoot, 07 MAR / MARS 07. ps thanks for your help to this point.

Posted: Mon May 02, 2011 3:31 pm
by geriatrix
Then you became a HSMP migrant on 07-Mar-07 and you ILR clock started from that day.