Work permit 2003

[snowflake007]

Hello everyone,

This is my first post in this forum. Please can someone advise me if a period of work permit obtained in aug 2003 till feb 2004, be counted towards settlement?
My category of visa was changed after feb2004 and was different till august 2006 when I again came under work permit/HSMP/Tier1

My stay has been continous since 2003, but unfortunately the goal post keeps moving ahead.

Please advise.

snowflake

[geriatrix]

May depend on your immigration status between Feb'04 and Aug'06. So, what was this "different" category of visa?

[snowflake007]

Thanks for your reply SushdMehta.

I was on permit free training visa during that period of feb2004 to August2006. Then I moved on to Work permit for roughly 3 months and subsequently HSMP/Tier1.

Please advise

Thank you for your help

[geriatrix]

Your qualifying residential period for settlement was reset to 0 when you changed to PFT, and restarted (from 0) when you changed from PFT to WP (in 2006).

[snowflake007]

Thanks for your reply.

I am going to meet a lawyer tommorow, who says I cud be eligible.
I rang the home office and the person sitting there said, I was eligible to apply(although previous home office personnel have said No I wasnt, same as your reply).lets see.
will post back if its anything different tommorow
thank you.

[geriatrix]

See also 135G.

[xyz123]

Thanks for your reply.

I am going to meet a lawyer tommorow, who says I cud be eligible.
I rang the home office and the person sitting there said, I was eligible to apply(although previous home office personnel have said No I wasnt, same as your reply).lets see.
will post back if its anything different tommorow
thank you.

dont hold your breath. its been clear that permit free training is not considered as part of ILR qualification (same as post study visa)

[snowflake007]

You are both right. the lawyer said, it would be taking a risk. the safest option is to apply when eligible with workpermit/HSMP/tier1 starts 5 years back. so have decided to wait.

Need 1 more help..

I got my HSMP approval letter in oct 2006. I believe I fall under the HSMP judicial review. For renewal purposes I had to change to Tier1. Now which category should I tick in the ILR set form 0? Should I be applying as HSMP judicial review document( even though I am now on Tier1) or should I be applying as Tier1 general migrant?

The lawyer said I should apply as Tier 1( as that is my current visa state)and write Life in UK test to be safe.

Please help. thank you.

[geriatrix]

Don't go to this lawyer again!

If you applied for HSMP before 07-Nov-06, you are covered by HSMP JR, irrespective of whether your extension was granted with a Tier 1 (General) migrant" endorsement on the visa vignette.

In such case, no LITUK needed for settlement. And, the changes to immigration rules due to be introduced from 06-Apr-11 do not affect you.

[snowflake007]

Thanks SushdMehta.

You kind of voiced my feelings. I do have small doubts regarding:--

1) speeding offence which I got in 2004 (SP30+60 pound ). the points have been taken off my licence now. Do I declare to be safe as the lawyer says?

2)Does one need to also declare a fine( I think 60 pounds) which I got from a council camera for taking a wrong turn, the amount was paid and no endorsements were recd from court or on my licence?

you have been a great help. thanks again.