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Eligiblity of ILR for Students

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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malikmoon
Junior Member
Posts: 55
Joined: Fri Mar 31, 2006 11:17 pm
Location: Stoke on Trent

Eligiblity of ILR for Students

Post by malikmoon » Fri Mar 31, 2006 11:32 pm

hi fellows,
I have been reading these forums for quite a while, I have got questions before I apply and I hope Moderators of this Forum will look into it.
I am herby asking about recent changes in HSMP specialy the one on 3rd of March, is it true An international student, after finishing their studies in UK,when they switched into HSMP or Work Permit, their time spent while they were studying counts their eligiblity towards indefinite leave to remain. let me put in this way, I am here in UK for last 3 years completing my studies. if I get HSMP tomorow then after 2 year, would I be eligible to apply indefinite leave to remain. same as work if I get work permit tomorow then after 2 year, would I be eligible to apply indefinite leave to remain.

thanx in advance

pantaiema
Diamond Member
Posts: 1211
Joined: Tue Jul 29, 2003 2:01 am

Re: Eligiblity of ILR for Students

Post by pantaiema » Tue Apr 04, 2006 5:43 pm

Hi mailikmoon
I do not think this information os true. Where did you get it.
Let think like this, if this is true as you know students are one of the smartest creature in the world, they will apply HSMP after 4.5 years (as you know PhD study sometimes take this long. So they only need to work 0.5 year to qualify for HSMP. ???
Pantaiema
malikmoon wrote:hi fellows,
Is it true An international student, after finishing their studies in UK,when they switched into HSMP or Work Permit, their time spent while they were studying counts their eligiblity towards indefinite leave to remain. let me put in this way, I am here in UK for last 3 years completing my studies. if I get HSMP tomorow then after 2 year, would I be eligible to apply indefinite leave to remain.thanx in advance
Last edited by pantaiema on Thu Jun 22, 2006 7:05 pm, edited 2 times in total.

malikmoon
Junior Member
Posts: 55
Joined: Fri Mar 31, 2006 11:17 pm
Location: Stoke on Trent

Post by malikmoon » Wed Apr 05, 2006 12:07 am

thanx for ur response mate, I am getting impression from this paragraph from the home office recent announcement.

"Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant".

can you please explain this?

pantaiema
Diamond Member
Posts: 1211
Joined: Tue Jul 29, 2003 2:01 am

Post by pantaiema » Wed Apr 05, 2006 8:36 am

Hi Malik

This pragrapgh refer to someone who has spent time as workpermit holder. So WP+HSMP=5 -> ILR. This will give the flexibility to WP holder people who qualify for HSMP so they can change employment anytime they want without hassle. WP holder need to let their prospective employer to apply the WP before they could start their new job. HSMP could change anytime they want to.


You know, student visa is not work permit holder. You might have NI number but becuase you do not have work permit you can not take a permanent employment.

Pantaiema



malikmoon wrote:thanx for ur response mate, I am getting impression from this paragraph from the home office recent announcement.

"Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant".

can you please explain this?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Apr 05, 2006 8:44 am

With the proviso I mention below, time spent in the UK on a student visa does not count towards ILR. That is, the ILR clock does not start until you move on to say WP or HSMP.

So if after a period of time on a student visa someone moves to HSMP, only when they have their HSMP does their ILR clock start.

The proviso? If someone is making a 10-year application then time in the UK on a student visa can count as part (or all) of that 10 years.

For example, someone in the UK on a student visa for say 7 years, followed by 3 years on say HSMP, yes that person could make a 10-year application for ILR.

But malikmoon, you post about only three years in the UK on a student visa, so don't think that a 10-year application looks possible for you. That is, you will get to 5 years on HSMP before you get to 10 years.
John

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