Tier1(HSMP) to Blue Card US/RO?

[intgral]

Hi,

I have originally obtained my HSMP after 6 Dec 2006 through workpermit. A big Thank You! It will now expire in mid-January and I am getting some bias from prospective employers (just got redundant), because of the expiration date. Although I am telling them that I will renew it (as I qualify), I sense the hesitation and negative feedback.

I am also a US and RO citizen so I am learning about the Blue Card for the first time, which seems to be optional.

Based on this background, I needed some answers, and really appreciated if you could help.

1. Can I renew my HSMP earlier than Dec/Jan?
1.1. If I can, will I be able to work in the lapse months before the ILR?
1.2. Can I apply for a Blue Card to cover those lapsed months to fulfill the 5 yr requirement?
2. Could I apply for the Blue Card now and avoid all the expirations?
2.1. If I apply for the Blue Card now, should I also renew my HSMP in Dec/Jan?

There is also a small caveat as the employer just messed-up my last payslip (the 12th) and I will get it correct next month. With this it may not show exactly 12 month continuous earnings but, I will have to explain the circumstance.

I appreciate all your help as I realize this is a unique situation.

Thank you.

[geriatrix]

Which Blue Card are you talking about? The one relating to Student Exchange Employment Programme for US citizens or the one that EU is yet to roll out for skilled workers?
Or something else? If so, please provide the link.

As for your query on HSMP renewal, reading this will help.

regards

[intgral]

I am new to this so I may be confusing things. Here is what I understand so far.

There is an optional Registration Certificate that one can obtain by filling out the BR2, based on the HSMP. That will allow one to have no restrictions. This applies only to citizens of BG and RO.

I am providing the link below:
http://www.ukba.homeoffice.gov.uk/worki ... /applying/

As far as getting the HSMP early, I understand that it may expire before my 5 yrs but, I am getting far too much bias in the job market with an HSMP visa expiring in Jan 09. I would rather take the chance now, if it's allowed, than be unemployed for another 5 months. Makes sense?

I appreciate your feedback.

[geriatrix]

It seems to me that it (registration certificate BR2) is nothing else but HSMP / Tier 1 for a select group of nationals (Bulgarian & Romanian).

Though I might be wrong here but I believe one can only have a single immigration status at a given point in time. In your case, it is either HSMP / Tier 1 (which you are cuurently on) or a Bulgarian / Romanian national with right to work in UK under EU law (registration certificate as highly skilled worker). What I don't think is legally allowed is for you to hold on both HSMP visa and Bulgarian/Romanian registration certificate together at the same time. Technically, if you have one you don't need the other ... to work in UK.

I suggest you check with UKBA directly. Or wait for more definite answers.

regards

[intgral]

You seem to be correct that the HSMP/T1 on the BR2 is the same as the regular one, but for citizens of BG and RO.

What I don't agree with, is the right to hold one or more permits, as needed. My legal arguments include the fact that neither of the forms restrict other permits or specify sole nationality.

Also based on the fact that the UK recognizes multiple citizenships and that the applications hold on their own, there should be no application denial.

But, as you said, there may be professionals that know this better. For now, on the UKBA site there is nothing to restrict such.

In addition, the ILR does not restrict one permit over the other for the purpose of reaching the 5 year minimum. It only states different cases, all having in common the legality of the work status.

I appreciate additional thoughts.

Thank you.

[republique]

Hi,

I have originally obtained my HSMP after 6 Dec 2006 through workpermit. A big Thank You! It will now expire in mid-January and I am getting some bias from prospective employers (just got redundant), because of the expiration date.
I appreciate all your help as I realize this is a unique situation.

Thank you.

It isn't that unique. I generally do not discuss with the employer about the expiration date of the visa.

[intgral]

It isn't that unique. I generally do not discuss with the employer about the expiration date of the visa.

That is probably good advice and will need to learn to change the subject when asked again. I was trying to be honest with prospective employers but, questioning me about that is not necessarily legal either.

Thanks.

[geriatrix]

Not sure if it is relevant to your case, but reading this might be useful.

regards

[intgral]

That is a good find Sir. But, I would find it hard to believe it is legal to do so.

I have read the ILR instructions and it does not state anywhere that one should be on one and only one visa. It is emphasized the legality of the time spent in the country. I should also check the case worker guide.

Perhaps the best thing is to go through this and let the courts decide when the time comes.

Thank you.