WP > out of country HSMP > ILR

[rrrrrk123]

Hi,

I have searched this forum for months but could not find an answer to the following exact situation, hence this post.

SITUATION:

1. Ms X took up a job with an employer in her home country.
2. She had signed a job agreement with this employer to return to her home country from her assignement, if she had to resign from her job.
3. Ms X travelled to UK on a work permit in the year July'2003 through this employer for a long term assignment. Her WP was valid for 3 years.
4. She worked in UK for this employer until May'2005 .She let for her home country to handover the project work to her local office and she was expected to return back back to UK for a new assignment at the end of this handover.
5. Earlier, while in UK on her job, she had applied for an Out of Country HSMP and received an approval in March'2005.
6. While in her home country to handover the project work in May'2005, she applied for an Entry Clearence within 10 days of her travel and had an approval.
7. She resigned from her job and returned back to UK on her new HSMP. The total time spent in her home country did not exceed 70 days.
8. When she entered in UK, both her visas were valid [HSMP and WP], she entered UK on HSMP.

Considering 5 year rule for an ILR, she will be due for her ILR in July'08.


QUESTIONS:

1. Can her WP experience be amalgamated wit her HSMP experience to complete the 5 years.
2. If she already had an approval for HSMP when she left for her home country for work and returned back within 70 days on a valid HSMP visa,will this visa swap considered as an acceptable gap for her ILR application?

Any help with the above questions will allow her to decide
1. if she should apply for an ILR in July'08, or
2. continue on her HSMP for a total of 5 year until Aug'2010 before applying for her ILR application.

Thank you.

[rrrrrk123]

Hi,

100+ views, but still no response.
Is thre no one so knowledgable here who can provide help?

Ok, I will just give this another couple of days before making up my mind about this forum.

Thanks You.

[Wanderer]

Hi,

100+ views, but still no response.
Is thre no one so knowledgable here who can provide help?

Ok, I will just give this another couple of days before making up my mind about this forum.

Thanks You.

How ignorant!

I've already made my mind up about you....

[rrrrrk123]

And what is it that you have in mind, about me, if I may ask ?

[paulp]

70 days is a bit of a long time. You should probably get professional advice.

[rrrrrk123]

paulp,

I appriciate your response and help.

Why do you hink 70 days is a bit long time?
There were a few events which took this time, and which she can provide evidences...
1. Applying for her Entry clearence and getting back her passport.
2. Resigning from her current organisations and getting releaved.
3. Planning and arranging for her return to UK.

Will this still be looked as an issue?
More importantly, will this be considered as a absence or a "gap2?

Any guidance will be a great help.

Thanks you,

[geriatrix]

When she entered in UK, both her visas were valid [HSMP and WP]

FYI, any new endorsement on the passport invalidates any existing visa. So the WP was invalidated the day HSMP EC was endorsed on the passport.

regards

[davidm]

paulp,

I appriciate your response and help.

Why do you hink 70 days is a bit long time?
There were a few events which took this time, and which she can provide evidences...
1. Applying for her Entry clearence and getting back her passport.
2. Resigning from her current organisations and getting releaved.
3. Planning and arranging for her return to UK.

Will this still be looked as an issue?
More importantly, will this be considered as a absence or a "gap2?

Any guidance will be a great help.

Thanks you,

My (now) wife went through more compassionate situation than this way back in 2002 (when they were more relaxed about absences than now I suppose).
1. Her new employer applied for a WP
2. The WP was approved, she quit her job
3. Her dad suddenly got seriously ill, so she had to go to Canada before her passport could be endorsed with the new WP.
4. She came back after 2-3 months, got the new WP endorsed at immigration
Her ILR was refused because she had left the country and took a new job-her previous leave became invalid and the clock started again from the moment she entered on a new WP.
She had proper legal representation (paid GBP 1500 for a top law firm to handle the ILR application which explained the gap in WPs), still could not get ILR. She had to wait another 6-8 months to get ILR as my dependent. The lawyer told her that she can appeal against the decision on compassionate grounds but it is not worth the hassle as there is only a delay of a few months more as she could apply as my dependent.

[paulp]

paulp,

I appriciate your response and help.

Why do you hink 70 days is a bit long time?
There were a few events which took this time, and which she can provide evidences...
1. Applying for her Entry clearence and getting back her passport.
2. Resigning from her current organisations and getting releaved.
3. Planning and arranging for her return to UK.

Will this still be looked as an issue?
More importantly, will this be considered as a absence or a "gap2?

Any guidance will be a great help.

Thanks you,

These things do take time but 70 days is a bit long to claim continuity between WP and HSMP.

[Siggi]

I would agree with Paul, 70 days is a long gap and enough to restart the clock again.

[republique]

I would agree with Paul, 70 days is a long gap and enough to restart the clock again.

Since continuity is not considered broken officially until 3 months, then 70 days is a grey area. If you want to take a chance and apply for ILR it is your risk to take. Personally, I don't see it as a problem but these breaks are grey areas where the case worker has discretion. As HSMP doesn't require you to work every single moment the visa is in effect, I don't see the gap as an issue.

[paulp]

I think the person should definitely apply. I'll just refer them to Annex F of the IDIs.

Just as a point of clarification, 3 months is not the time limit for continuity, it is actually the cut-off point where discretion of the case worker can no longer be exercised (if they also exceeded 6 months break in all).

If I were the person, I would be looking at showing evidence of ties to the UK during that period.

From the IDIs:
"In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here."