20 May 2009
From the UK Border Agency website:
This page explains the arrangements that have been put in place for migrants covered by the 6 April 2009 judgment in the judicial review brought by the HSMP Forum Ltd. This judgment relates to the continuous residence requirement for settlement in the United Kingdom (also called 'indefinite leave to remain' or ILR).
You are covered by the judgment if we sent you a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of an application made before 3 April 2006, and you obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain' (LtR)) on the basis of that letter.
Migrants covered by the judgment fall into a number of groups, depending on their circumstances.
Migrants who have already settled in the United Kingdom under the HSMP or Tier 1 (General) on the basis of having completed five years continuous residence in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom.
Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom, but you have not yet reached the point of applying for settlement.
Migrants who will soon have completed four years' continuous residence in the United Kingdom in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom under the HSMP requirements, for one year (if your application was approved before 3 April 2006) or two years (if your application was made before 3 April 2006 but not approved until after that date); and you then successfully applied to extend your stay by either three or four years, but you have not yet reached the point of applying for settlement.
Migrants who applied for settlement after four years and had their application refused
You fall into this group if your application for settlement was refused purely because you had not completed five years continuous residence in the United Kingdom, and: you won an appeal against the refusal decision and were later granted permission to stay; or you did not appeal the refusal decision; or you appealed the refusal decision but your appeal was dismissed.
Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category and have applied to extend their stay
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you have now applied for a second extension in order to complete five years' continuous residence in the United Kingdom.
Note that this only applies to HSMP - it does not apply to Work Permits or Ancestry visas.
Please do not hesitate to contact us on visas@1stcontact.com for further details.