HSMP to ILR or Spouse? Advice needed!

Hi all!

Just like everyone else I've been looking on the official websites and going round in circles!

Here's a summary of my situation: Lived in UK since August 2000 (except January-August 2005) on student, and then work visas. Got HSMP status in autumn 2008. At the time, a friend who works in immigration law here said he thought I would be able to apply for ILR in August 2010 (sadly he and my best mate have since split so ringing him out of the blue to ask questions no longer a free option!). The current HSMP leave to remain is valid until 08/11.

My current job ends 31 April. My area is experiencing quite the downturn, and I have not been able to secure a new position. However, I do have a job offer at the same salary level - though crucially not in the same field nor with similar educational level requirements.

My fella and I started dating in 01/09 and moved in together 08/09. We're talking about marriage but have no set date in mind yet. So here are my questions! If anyone has input on some, an or all of these I would be v v grateful, or even pointers of where is the right place to start looking.

- If I switch job type, does this affect the HSMP if I don't go for ILR this year and decide to renew HSMP at some point in future?

- Is it really the case that I would be eligible for ILR this August? And would doing the above affect that?

- If we marry soon (presumably in the UK, but not written in stone), is it the done thing to stay on your current visa and make a new application when it's closer to expiry, or to switch visas straightaway? I don't have to leave the UK to do that, do I???

- If we marry soon, when is an optimum time visa-wise to do that? Six months or longer before my current one expires, right?

- Now, marriage and changing jobs - should we do it before I change jobs (re: validity of HSMP worry above).

Phew! I hope that covers it. As you can tell I've a million questions!!!  

Hi,

I was in a similar situation to you.  If you and your boyfriend can prove you've been together since January 2008, you might qualify for an unmarried partner visa.

I came to the UK on an HSMP visa in April 2007 and when it came time to renew it in 2009 I was having trouble with the salary evidence requirement (I work freelance for US and UK companies, so it's not straightforward).  We talked to an immigration advisor who realized that because we'd been living together for 2 years - and had evidence to prove it - we were qualified for the unmarried partner visa, so I switched to that in the spring of 2009.

Hope that helps.

Carl

Good point Carl, and thank you. I've been looking through our paperwork and we don't have both of our names on anything until our most recent move (11/09, bah) - not even council tax as he was a postgrad student until then. I don't think we're even both on the electoral register together there!

Just be aware that 'switching categories' does effect your ILR clock...basically if you switch from HSMP and you're actually that close to ILR you will be reset back to the beginning with a spouse/unmarried partner visa.

However, you do have to make that choice...does the stability and flexibility offered by the spouse/UP visa in this volatile economy outweigh the uncertainty of having to meet earnings requirements for your HSMP?

If you qualify for ILR, one option that you should consider is holding out for that ILR...and in the meantime if you do get married once that ILR is granted you would be apply to immediately apply for Naturalisation as a the spouse of a British Citizen without having to be on ILR for 12 months.

IMO ( no professional) if you held a work permit from September 2005-August 2008 and then HSMP from August 08-August 2010 you would be eligible to apply for ILR in August 2010. The ILR requirements say that you must be employed and does not specify as to what qualification & education level that the said employment must be.

From the UKBA site:

The requirements for settlement (ILR)
To qualify to settle in the United Kingdom under the HSMP you must:

have been living legally in the United Kingdom for the last five years; and
currently have permission to stay in the United Kingdom as a highly skilled migrant; and
have been in the United Kingdom as a highly skilled migrant, work permit holder or innovator throughout the five years; and
have maintained and accommodated yourself and any dependants without the use of public funds throughout the five years; and
have been employed, self-employed or a combination of the two throughout the five years; and
have sufficient knowledge language and life in the United Kingdom.

I'd go for the ILR and then if you do get married in the future or when 12 months pass (whichever comes first) apply for immediate naturalisation...well at least before July 2013 (when the rules change).

WebyJ: you hit the nail on the head... I did suspect changing might reset the ILR clock, but the economy (my little corner of it) being what it is, getting married sooner rather than later is beginning to look more attractive. The offer I have should carry me through from May until next spring, but after that who knows?!?

Thank you for that quote about the requirements! I guess I'll go ahead with the ILR app after August, and we'll get married when we get married... my preference was that it happens before September in any case

Just remember that once you get ILR you should be fine and shouldn't have to worry about job requirements and such because all immigration restrictions will be lifted once that ILR is approved. You could completely change fields & jobs if you need to...heck work at a chippy if it comes down to it! 

heck work at a chippy if it comes down to it! 

LOL... I love chips, tempting! But while the offer I have from after April isn't working at a chippy, it is significantly outside my current field... that's still okay as far as the application is concerned?

LOL... I love chips, tempting! But while the offer I have from after April isn't working at a chippy, it is significantly outside my current field... that's still okay as far as the application is concerned?

All the ILR applcation says is that you 'must be employed or self-employed for the 5 year period'...it doesn't say where or making how much. Though if on a work permit:

Evidence of employment
You should provide recent documents from the employer named in your current work permit confirming that you are still needed and that your employment within them is continuing.

So you'll have to check your visa to see if a specific employer is mentioned.

Once you get ILR, you could go on the dole if you couldn't find a job since you have no restrictions on your presence in the UK with ILR.

All the ILR applcation says is that you 'must be employed or self-employed for the 5 year period'...it doesn't say where or making how much. Though if on a work permit:  So you'll have to check your visa to see if a specific employer is mentioned.

Good stuff, thanks again - I should be okay to change then!