HSMP-> WP->HSMP total 5 years to apply for ILR?

[rosary]

Hi guys,

I found an interesting information when I read immigration rule from Home office website. If one applies for ILR as HSMP, the most recent period must have been spent with leave as a highly skilled migrant, but the remainder can be made up of leave as a highly skilled migrant, leave as a work permit holder, or leave as an Innovator (see the original sentence which I copied from IND website). I knew that many HSMP holders failed to get extention when HO changed the extension rule on 7 November 2006, some switched to WP (because they had got job offer but have not worked for 8 months). If those people apply for ILR under WP status, their ILR clock resets.

As I understand, if those people switch to HSMP from WP in later time, they could use HSMP->WP->HSMP total 5 years to apply for ILR. Did I understand the rule correctly? Although, HSMP will be replaced by Tier1. I just point out one possibility for those people to use their time spent on HSMP.

The following is copied from the link
http://www.ind.homeoffice.gov.uk/lawand ... ules/part5

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.

Good luck.
Rosary