Which route to ILR ?

[toufik7]

Gents/Ladies,

I need some advice, regarding the best route to apply for ILR.

Here's a summary of my situation:
- I arrived in the UK on 10th Sept 1998, as a dependant of my father (he worked as a diplomat)
- He left in July 2004, thereby I became an overstayer
- I went back to my home country in summer 2007, on 9th Aug 2007 I was granted a 2 year HSMP visa
- In 2009, I renewed it and got a 3 years Tier 1 visa until 9th Aug 2012

I was going to wait until I complete 5 years on HSMP/Tier 1 before I apply for ILR, however I've read that Tier 1 is to be abolished next week so do you think it's best I renew now, then apply for settlement ?
The other option would be to wait until Sept 2012 and apply under the 14 year concession.

Kind regards,
T

[Greenie]

tier 1 is going to be abolished for new applicants not for current tier 1 visa holders.

If you have leave to remain under tier 1 valid until aug 2012 then you can apply for settlement after having completed 5 years in that category in August 2012, unless the rules for settlement have changed by then.

[geriatrix]

Apply for settlement as a Tier 1 (General) migrant when you have completed 5 years continuous residence in the UK (2012).

Tier 1 (General) immigration category is closing for new applicants. Existing migrants can and will be able to extend their stay / apply for settlement as per rules in force at the time of either application and as per eligibility criteria that applies to them.

Whether you will need another extension or may be eligible to apply for settlement before your current leave expires depends on when you entered UK in 2007 as an HSMP migrant.

[toufik7]

The other thing I should point out is that, even though the HSMP visa was valid from 9th Aug 2007, I didn't come back to the UK until 21st Aug 2007.

[geriatrix]

The other thing I should point out is that, even though the HSMP visa was valid from 9th Aug 2007, I didn't come back to the UK until 21st Aug 2007.

Assuming the 28 days allowance remains unchanged, you should be able to apply for settlement between 24-Jul-12 and 09-Aug-12, without the need for another extension - provided you meet the settlement requirements applicable at the time.