181 Days Rule for old HSMP Visa - how strict is it enforced?

[nm79]

Hi All,

I've been on a HSMP visa for the past 3 years. My Visa expires in 2010 and i am thinking about what i need to do renew. Ideally i would apply for leave to remain however having gone through my passport to submit tax returns over the past few years i've realised i've almost already been out of the country for more than the 181 days (i think i am around 179 days or something) that you're entitled to over the 5 years. There is no way i am going to be able to stay in the UK for the next 2 years without taking holidays and leaving the UK in order to satisfy this requirements.

My question is how strictly do immigration stick to the 181 day rule? If i have gone over this number of days then will i be refused ILR? I have only been out of the country on holidays and not back to my home country to live or anything like that.

I do have the option of transfering to a european spousal visa through my partner (she is polish and we've lived together for 4 years). Would you advise that i do this as i will get an extension for 5 years through her. However i am almost certain that my time will reset and i won't be eligible for ILR through my current path.

I hope this makes sense. Any thoughts or advice is greatly appreciated.

Regards and thanks,

NM

[geriatrix]

If you wish to apply for a further extension (FLR) in 2010, then these absences (>181 days) will have no bearing on your (FLR) application. You can then apply for ILR as and when you are able to satisfy the 180 days time-limit on absences.

regards

[nm79]

sushdmehta thanks for getting back to me!

So basically what you're saying is that i don't need to reapply for the new tier1 visa for Highly Skilled Migrants i can just apply for Further Leave to Remain (FLR)?

Which is exactly like the Leave to Remain application i submitted years ago when i got my HSMP.

Is that correct?

Cheers,

NM

[geriatrix]

Yes, you will apply for an extension (leave to remain) just as you did the last time (whenever it was) when you were granted leave until 2010.

Reading HSMP Forum Judicial Review and HSMP Forum JR - Policy document will help. Currently, people who were granted HSMP approval as per rules in place until 06-Dec-06 have to use FLR Tier 1 (HSMP) form to apply for extension (guidance notes here). But 2010 is far off, so check UKBA website for updated forms / guidance near to the time of extension.


regards