URGENT FOR ENTERING UK

[nionlight]

hello, what is the minimum requirement of stay in the UK after landing for the first time? i mean can i just land there to hit the ILR clock and then come back after few days? or there is any requirement for stay after first landing? this is a very tricky situtaion. many users and agents dont know that if some one enters after 28 days of visa then they are in great trouble for ILR as far as i learned from this forum. please suggest me if ik can enter UK and few days after can come back or not..

[SYH]

you can do what you want

[nionlight]

syh thanks for answer. but not so clear yet. so if i just stay few days after my first landing then it will start my ILR clock? will it count? or HO will not cont it since its just for few days? please clearify. thanks

[olisun]

syh thanks for answer. but not so clear yet. so if i just stay few days after my first landing then it will start my ILR clock? will it count? or HO will not cont it since its just for few days? please clearify. thanks

You haven't mentioned how long you want to stay out of the UK after you initial visit...

[hsmphsmp]

hey Nionlight,

Can you please tell me what the troulble is if one enters after 28 days. Can you post the link that discusses about this please?

[nionlight]

thanks olisn for reply. i will not stay more than 1 month if i leave uk after few days of my initital landing. i just need rap up everything here thas all. but by doing so i dont want to hamper my ILR. thats why i asked if there is any requirement for minimum stay after first landing to count that in to 5 years period for ILR.

and for hsmphsmp, there is some threads in this forum that talks about the serious problem of ILR who dont enter uk before 28 days after ec vailidity stamp. its because, for ilr one hvae to present in uk 4 years 11 months and 2 days. so if some one enters after 28 days then when goes for ILR it dont cover that required period. as a result one must again qualify for another extention[ 2nd extention] which is quite tough because most applicant wont get any point for age.but there kis exception offcourse.

[ashishashah]

Well, your ILR clock starts on the day you FIRST land in UK..that landing day can be any date...
But to complete ILR, you need to spend 5 years..So yes, it is better to come within 28 days to avoid 2nd FLR (1st FLR is for 3 years) ,but then who knows what the rules might be after 5 years...

[hsmphsmp]

Hi Nionlight,
Thanks, got clarified. But I guess there is another option also, workpermit instead of hsmp for the remaning few days/months which is lost at the time entering. I guess workpermit should be easier to obtain for a person who has worked in hsmp for close to 5 years. Am I right?

[gordon]

What you've suggested would not be recommended: as the regs now stand, if one were to switch from HSMP to WP, the ILR clock would be reset entirely, in effect, requiring a further five years on WP to qualify for ILR. Those on HSMP at the time of ILR application may amalgamate HSMP time with previous WP/innovator time to meet the five-year residency requirement, but those on WP at the time of ILR application may not do. AG

Hi Nionlight,
Thanks, got clarified. But I guess there is another option also, workpermit instead of hsmp for the remaning few days/months which is lost at the time entering. I guess workpermit should be easier to obtain for a person who has worked in hsmp for close to 5 years. Am I right?

[hsmphsmp]

Does this mean I cannot apply for ILR i I am in workpermit with past HSMP periods? IS it only HSMP holders who can apply for ILR with thier past WP/innovator periods?

[gordon]

If you're currently on WP, it wouldn't appear that you could count previous periods on HSMP toward the five-year residency requirement. The regs suggest that you could only qualify with five years on WP.

Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 128 (i) to (v) throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

Contrast with those of HSMP:

Requirements for indefinite leave to remain as a highly skilled migrant
135G. The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:
(i) has spent a continuous period of 5 years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant (in accordance with paragraphs 135A to 135F of these Rules), and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of these Rules), or leave as an Innovator (under paragraphs 210A to 210F of these Rules); and
(ii) throughout the five years spent in the United Kingdom has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

What I'm not sure about, however, is whether you could 'reclaim' the HSMP time if you were to go back onto HSMP before applying for ILR: for instance, if you were on HSMP for 2 years, then WP for 2 years, and then again on HSMP for 1 year. My sense, purely from reading the regs, is that you can, but I've not read of any cases where such a case has been successful (nor, however, have I read of any such that have been unsuccessful!).

AG

Does this mean I cannot apply for ILR i I am in workpermit with past HSMP periods? IS it only HSMP holders who can apply for ILR with thier past WP/innovator periods?

[hsmphsmp]

Thank you Gordon! That is some very good information. People aiming for ILR under HSMP should be very much aware of this. Any way we have to see how to new 5 tier system to be introduced works with all these rules. I hope they make things much simpler. Too many permuations and combinations of rules are there now.