Re: Thank God - ILR Success under Chp 18

[HSMPgirl]

Jes2Jes - first of all, my warmest congratulations for getting ILR!!! I am so happy for you!!!

You may recall that some time ago I posted on this forum about this issue - the "gap" in ILR for the 10-year concession. Basically, I am currently on HSMP, and am still not sure whether I am eligible for ILR on 2 June 2009 OR 14 December 2009.

I entered the UK on 2 June 1999 on a visitor's visa.

Before the 6-month visa expired on 2 December 1999, I left the UK on 13 November 1999.

On 17 November 1999 I applied for a Writers and Artists visa and received the entry clearance the same day (i.e. what they give you when you apply for a visa in a UK embassy abroad).

I then returned to the UK on 14 December 1999.

All other leave was within time and with no breaks.

In light of the TT decision you quoted, a person who applies for and receives fresh leave BEFORE their original visa expires, even though they were not physically in the UK, is considered not to have broken their continuous residence in the UK.

But is this the case if one has a VISITOR's visa? This is what I am unsure of. Does a visitor visa count as a valid visa for ILR purposes?

Whether I can apply for 10 year ILR in May 2009 matters a great deal to me, and would help me immensely because I am currently under HSMP and am not optimistic about being able to get the required points for a Tier 1 renewal!

Basically, I received HSMP on 5 July 2007, having qualified for this through a well-paid job. However, the job was horrible, and I was working 100-hour weeks. Before HSMP I was on a work permit and quietly switched to HSMP (in-country of course) whilst still working in the job.

A few weeks after I received HSMP, I was offered another job. The catch, however, was that this was a career switch and the job is to start in September 2009, because I would need to do 2 years academic training before that (which my employer-to-be is now paying for).

I was worried about accepting this new job initially because the time I was supposed to be earning (the last 12 months on HSMP, i.e. June 2008-June 2009), I would be studying.

The alternative was another job in my former profession, but as it turns out, I am so glad I didn't accept that, as nearly everyone I know has now been made redundant due to the credit crunch, and they have all been forced to leave the UK.

I am currently studying and working part-time, but I'm worried this won't be enough to give me the necessary points for my HSMP renewal (ie. Tier 1), since my HSMP expires 5 July 2009.

The new firm offered to give me a work permit, but that doesn't really work for the 10-year ILR...as the job doesn't start until September 2009, and I risk having a gap if the work permit starts any later than 5 July 2009, which is when my HSMP expires!! It would reset the ILR clock!

So what should I do?

If I apply in May 2009 for ILR based on 10-years (assuming there is no gap even with the visitor visa), is it possible to get it on the same day, so that if the application fails, I can attempt to scramble for an HSMP renewal or work permit to create the necessary "bridge" if my real ILR 10-year anniversary is in fact 14 December 2009?

Your thoughts and advice appreciated!

[jes2jes]

But is this the case if one has a VISITOR's visa? This is what I am unsure of. Does a visitor visa count as a valid visa for ILR purposes?

Well, if your VV was a multiple entry visa then you are fine but if it was for single entry, the moment you left the UK the visa becomes null and void and if you had to return, you would have obtained a new one anyway.

The only time a VV count towards the LRC is if:
- It was a multiple entry visa from abroad OR
- Single Entry but subsequent leaves (LTR) were obtained In-Country.

I see no point where you would have to apply for a WP if you have a HSMP Visa already. You can work for whomever you choose but make sure the earnings are in line with the criteria for settlement purposes in case you would have to go down that route.

Thanks

[William Blake]

Hi All,

I thought I'd update my post. My initial application for ILR based on ten years long residency was refused in 2007. I was able to secure a work permit shortly after the refusal whereupon I availed myself of the overstayer concession left the UK and returned on the work permit. I was particularly sad throughout this time and felt very low having to leave the UK. On my return landing at gatwick, getting the train home I was so elated. When I got home I fell to my kness and thanked God and thought mission accomplished.

For the past two years I have been communicating with the Home Office regarding the refusal on my ILR case, a refusal which never reflected the actual facts of my case nor the immigration rules. I am pleased to say that I have now been granted ILR after a second home office review of my 2007 application. I would like to say thank you to all who offered advice and support.

I also would like to ask now; How do I go about getting citizenship? At what stage can I apply ? I am guessing its still a year later. Also considering that the application was initially meant to be granted two years ago can I apply sooner ?

[jes2jes]

Congratulations!