ILR

[hsmpengineer]

Hey guys I consider this a very important topic to all those possibly affected so please read on and lets discuss your thoughts.

The issue I want us to discuss is the transition from SEGS/IGS/PSW to HSMP/ILR and how it applies to our ILR eligibility. Current immigration policy implies that time spent on under SEGS/IGS/PSW does not count towards the ILR eligibility requirement of 5yrs as HSMP/Tier1/WP holder. I vaguely remember in the early days of SEGS (2004),the policy was different and time spent on a SEGS visa DID count towards ILR (I haven’t got any evidence to back this up so I may be wrong there).

The key point I want to raise is this, would it not make sense to allow the time spent under SEGS count towards ILR in the case of applicants who qualified for HSMP while working under a SEGS visa? The following reasons may make a case for consideration

1. In order to be eligible for a SEGS visa the applicant would have graduated from a UK university with a good degree and obviously would have lived in the UK for at least 1 yr before the application as a student. Add this to the 1yr spent under SEGS and an additional 4 year under HSMP/Tier1/WP this brings the total to 6 yrs+. 5years of which will have been spent working hard and paying taxes, just like those on WP/HSMP. Those people who obtained WP/HSMP at about the same time will already have since qualified for ILR.

2. SEGS visas were only granted to graduates of certain degree programmes which were linked to the UK skills shortage list. I am sure this can stand as an indication of the skill level of those who managed to obtain the SEGS visa.

3. The applicant would have within the 12months duration of the SEGS visa, been able to secure a job and meet the requirements for HSMP! Now if you have been in such a position you will agree this is no mean feat.

4. At the time when SEGS was introduced, eligibility for ILR for WP/HSMP holders was 4yrs. SEGS participants in 2005/6 who are now on HSMP/WP/Tier1 will need to satisfy the 5 year eligibility criteria introduced in 2006. This is fine, but would it not only be rational if that 5 yr ILR eligibility requirement DID include the 12months (or in some cases even less time) spent under SEGS in which time the applicant did enough to meet the approval for HSMP/WP?

Your thoughts ladies and gentlemen……

[jack199]

SEG/IGS/PSW counts towards ILR through 10 years long residence rule, but not towards 5 years as a worker. So to qualify for ILR through 5 year route its the HSMP or Work permit's time which would count towards 5 years.

Hope that helps