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Advice re dilemma: ILR or HSMP

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docmartens
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Joined: Sun Apr 09, 2006 4:46 pm

Advice re dilemma: ILR or HSMP

Post by docmartens » Sun Apr 09, 2006 5:17 pm

I would greatly appreciate some advice re my quandry. My family and I have been here in the UK for the last 9.5 years and it will be 10 years come Feb 2007.

The details re stay is as follows:
1. Permit free training (for me): 6 yrs
2. Permit free training (my spouse): Till date.

Although I am in a permanent job that allows work permit, as I became a dependant when my spouse obtained PFT, I can't switch. Our leave to remain expires August 2006. My spouse's job goes on until 2008, but is currently on maternity leave. She can apply for a WP closer to the time. We are both physicians, and you know the problems with the recent changes in immigration rules. My questions are:

1. Should my spouse go for HSMP, allowing extension for 2 years? There is a reduction in earnings owing to mat leave that needs to be considered. The HSMP is metamophosing into a different animal, and should we get on it before it is too late?
2. Should she just get the WP extension, that will take us past 10 years.?
3. Although our stay has been legal throughout, we swapped between PFT and dependant status. Will this pose a problem when it comes to applying for ILR at 10 years?
4. I spent 6 months abroad during this time. How much of a hassle will this be, come ILR time?
5. Are there any plans to move the goalposts and increase time to apply for ILR?

I am aware that to convert my status, I have to go back home and I am loathe to do that.

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

Post by John » Sun Apr 09, 2006 6:52 pm

Using your numbering :-
  1. That could be a good idea. I think any doctor that qualifies for HSMP should apply for it.
  2. A WP should be your 2nd choice option.
  3. No, as long as all the time in the UK is "legal" then it does not mater what category or categories you have been covered with in the 10-year period.
  4. Please explain more about that 6 month time out of the UK. And it is just you, or your wife as well?
  5. No, and indeed because the latest move was to fall in line with the EU norm, and it is remote that the 25 EU countries would agree a change, I think it is also remote that the WP/HSMP ILR goalpost will move from 5 years ...... IMHO
John

docmartens
Newly Registered
Posts: 2
Joined: Sun Apr 09, 2006 4:46 pm

HSMP vs ILR

Post by docmartens » Sun Apr 09, 2006 11:15 pm

Thanks John; that was quick!!

The time spent abroad (just me, all on my lonesome), was time taken off the approved training programme for overseas experience. During this time, I was still resident here for tax and pension purposes.

If there are no plans to increase the time to ILR, would you still recommend we go through the hassle of HSMP, when an ILR a few months down the line will confer free work rights?

It is reassuring to see that the ILR time is unlikely to change.

Thanks again.

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

Post by John » Mon Apr 10, 2006 8:22 am

Is there anything on this webpage to concern you? If not then stick with the current status if you can, otherwise go for HSMP if that is possible.
John

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