April 8. 2009 12:30

This is great news. My work permit started Aug 05. Am I correct in assuming that if this happens I will actually be eligible for ILR Aug 09, before the new 3yr Probationary Citizen (PC) comes into effect.
The big question is, when do you expect this to come into effect? Before your prediction for the PC to come into effect, which is Apr 2010?
Thanks

Leo

April 9. 2009 02:00

Hi Leo,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information or dates on which the official policy will be announced and implemented by the UK Border Agency (Home Office). We will continue to update our website accordingly.

Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, or on any visa type other than HSMP (eg Work Permit, Ancestry etc), the 5 year requirement for ILR will still be in place.

We apologise if this was not made clear in the article.

Stephen Atkinson

April 9. 2009 05:33

Do you know of any news about similar ruling on other visas. I am on the 4yr ancestry visa, but also due to the goal posts being moved I have to get an extension before getting ILR after 5 years.

Matt

April 9. 2009 05:59

Hi Matt,

Thank you for your comment.

At such an early stage (the court ruling was only handed down on Monday), the implications and ramifications of this decision are yet to be fully known.

This ruling is specific to HSMP visa holders only, but we are confident this will force the UK Border Agency into reconsidering or back-tracking on it's policy for all visa types affected.

Stephen Atkinson

April 10. 2009 02:11

fantastic news !i got my hsmp on june 2005,extended for three years till june 2009 in june 2006 due for renewal this june hopefully things should clear up for me to apply under the right category..

rohitrenjhen

April 10. 2009 10:21

Hello!
Congratulation on winning ILR Judicial Review. This congratulation is to all of the HSMP holders who are getting favoure by this decision but very special congratulations to the people who thought and establish HSMP FORUM, they are the people who faught for ourselves and finally succeeded. We must salute them.

Tariq Mughal

April 10. 2009 20:09

i have valid work permit till 2012 in november i finis my 5 years on work permit is there any chance i will be benifited by this ruling.

jayant unny

April 11. 2009 08:57

I started my HSMP on 27th Feb 2004 and got my ILR in March 2009 after 5 years. However, with the change in the law, I would have been eligible for ILR 12 months ago. Are there any plans/efforts to retrospectively 'waive' the 12 months of ILR for those of us who should have now qualified after 4 years? What would you advise?

Jennifer Thomson

April 12. 2009 09:29

Dear sir,medam

my work permit(hsmp)started on jun'2005.i cam in juliy 2005 in u.k. i will finsh 4 year in jun'2009.my visa expire next jun'2010.so i wan't to know Do I eligible for ILR after 4 years years i.e. after July 2009???

An early reply is highly appriciated. Thanks very much well in advance.

Dharmesh

April 14. 2009 01:07

Hi Jayant,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information or dates on which the official policy will be announced and implemented by the UK Border Agency (Home Office). We will continue to update our website accordingly.

Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, or on any visa type other than HSMP (eg Work Permit, Ancestry), the 5 year requirement for ILR will still be in place.

We apologise if this was not made clear in our news article.

Stephen Atkinson

April 14. 2009 01:10

Hi Jennifer,

Thank you for your comment.

There has been no policy guidance published by the UK Border Agency, as the ruling was only handed down last Monday (06/04/2009).

It is highly unlikely that the requirement to be free from immigration restrictions (ILR) for a 12 month period will be relaxed or waived, as this has always been a requirement to be eligible to Naturalise as a British citizen.

Stephen Atkinson

April 14. 2009 01:11

Hi Dharmesh,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information or dates on which the official policy will be announced and implemented by the UK Border Agency (Home Office). We will continue to update our website accordingly.

Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, or on any visa type other than HSMP (eg Work Permit, Ancestry), the 5 year requirement for ILR will still be in place.

We apologise if this was not made clear in our news article.

Stephen Atkinson

April 14. 2009 05:22

Many thanks for the useful information, I am on a work permit since 2004 and in my 5th year now I wonder if there is any clarify about any change to the citizenship requirment rules (it is usually after 1 year of ILR) as I understand from many comments? because getting the ILR before the change will be important and if there will be a change will it be applied the same way as the IRL rules was applied with immediate effect. In that case we should try to get the 4 years rule applied as well to the work-permit holders as the HSMP. In my popinion getting a work permit is much more difficult than HMPS and most of those who are under work permit are Highly skilled as well.

H M

April 14. 2009 06:28

Hi Engin,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information or dates on which the official policy will be announced and implemented by the UK Border Agency (Home Office). Nor are we able to confirm the implications of the ruling, for example, whether the Life in the UK test will still be a requirement. We will continue to update our website accordingly.

Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, or on any visa type other than HSMP (eg Work Permit, Ancestry), the 5 year requirement for ILR will still be in place.

We apologise if this was not made clear in our news article.

For further information, please visit www.ukba.homeoffice.gov.uk/.../indefiniteleavetoremainforhsmp

Stephen Atkinson

April 14. 2009 09:45

hi

i applied for my hsmp on 19th of march 06 got the approval letter on the 20th of april and got visa extention in may06. which date should i take into account????
cheers

sanjay

sanjay rajan

April 14. 2009 10:51

Hi Sanjay,

Thank you for your enquiry.

As no policy has been announced by the UK Border Agency, we cannot comment on what dates they will include in such.

I will continue to post updates on our website as they come through.

Stephen Atkinson

April 15. 2009 07:44

Congratulation for you all.

I hope that they can apply four years rule for people under work permit started after April 2006.

Best wishes

Mohamed

Mohamed Ahmed

April 15. 2009 10:54

this is lastest article from home office website

14 April 2009


Prior to 3 April 2006 the continuous leave requirement for indefinite leave to remain (ILR) under the highly skilled migrant programme (HSMP) was that migrants should show that they had spent four years' continuous residence in the United Kingdom. The four year qualifying period was increased to five years' qualifying residence on 3 April 2006.

The HSMP Forum Ltd brought a Judicial Review against the Home Secretary on the basis that those who entered onto the HSMP before the qualifying period for ILR was increased from four to five years, should be eligible for ILR after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgment can be found on the BAILII website, on the right side of this page.

We are currently looking into implementing the court's decision. We will publish our remedies as soon as they are finalised and migrants who believe they may be affected by the judgment should check this website regularly.

luke

April 15. 2009 16:38

Hello,
Its great news. However if someone could confirm if this applies to me also since i was inititally on workpermit in Aug 2005 and then after 2 years moved over to HSMP to allow myself flexibility of changing jobs. Thnx

Salman Akram

April 16. 2009 01:40

Hi Salman,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information or dates on which the official policy will be announced and implemented by the UK Border Agency (Home Office). Nor are we able to confirm the implications of the ruling, for example, whether the Life in the UK test will still be a requirement. We will continue to update our website accordingly.

Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, or on any visa type other than HSMP (eg Work Permit, Ancestry), the 5 year requirement for ILR will still be in place.

We apologise if this was not made clear in our news article.

For further information, please visit www.ukba.homeoffice.gov.uk/.../indefiniteleavetoremainforhsmp

Stephen Atkinson

April 16. 2009 13:57

Hi

I would like use your expertise for my ILR. Here details of husband's visas.

23/3/2004 to 23/9/2004 - C-Visit
29/9/2004 to 29/09/2006 - Work permit
22/12/2006 to 22/06/2007 - C-visit
20/3/2007 to 20/3/2009 - work permit
12/12/2007 to 12/12/2009 - HSMP (shifted to HSMP due to change of job)

Now my HSMP is due for renewal in dec this year, should i apply for extension or ILR. Please let me your fees also.

Thanks
L Dhage

L Dhage

April 17. 2009 01:06

Hi L Dhage,

Thank you for your enquiry.

I am confused - you have listed your husband's visas, but then asked whether you should apply for an extension or ILR?

If you could please respond direct to me (reply directly to this response) giving the same details for yourself as you have for your husband, I will see if I can assist you.

I look forward to hearing back from you.

Stephen Atkinson

April 18. 2009 18:56

Hi,
I received my hsmp approvl letter dated 2nd march 2006. However i got my entry clearance (visa stamped) on 23 may 2006. Am i eligible to apply after 4 years?

Thanks
norman

norman

April 20. 2009 07:58

Hi,

I understand the JR is only for HSMP visa holder. But If workpermit holders file a similar case to consider the WP visa holders / Right to Apply for ILR in 4 years as promised by the HO in the visa of pre 6 April 2008,will it succeed and how much it would cost and how long it will take to get the JR?

Thanks,

Vijaya

April 20. 2009 08:12

Hi Vijaya,

Thank you for your comment.

Unfortunately this falls outside of our remit and scope of work performed. Perhaps you could enquire with HSMP Forum Ltd direct to ascertain this information.

Sorry we could not be of more assistance in this instance.

Stephen Atkinson

April 21. 2009 06:14

HI Vijaya,
I am on the same lines as you are thinking.
Please advise if you find more details about filing a similar case to consider the WP visa holders / Right to Apply for ILR in 4 years as promised by the HO in the visa of pre 6 April 2008.
I obtained workpermit in Aug 2005 and have been on workpermit ever since and i think it is unfair treatment if just HSMp are given 4 years and not Workpermit holders. as worholders were promised too...

Lakshmi

April 21. 2009 07:25

Hi Lakshmi,

There are many people who had already started to form a group.

If you live in London you can meet up this week end.

http://gopetition.com/online/26927.html
http://petitions.number10.gov.uk/workpermit-ilr/
www.immigrationboards.com/viewtopic.php

Please have a look at these URLs.

All the best.If you know any WP visa holder's group,please let them know.

Best Wishes,
Vijaya

Vijaya

April 21. 2009 08:13

I got my HSMP approval in Dec 2005 and initial 1 year Leave to remain was stamped in Jan 2006. When I applied for extension in jan 2007, I was granted 4 year extension after new points were proved (75 as against 60 initially). My query is whether this will affect my ILR application after 4 years as extension was given with new point system.

mahendran chetty

April 21. 2009 08:52

Hi Mahendran,

Thank you for your enquiry.

As you were initially entered into the HSMP scheme prior to 03 April 2006 and once the new ILR policy is launched, I feel you should be eligible to apply for ILR based on the 4 year rule.

I hope this has assisted.

Stephen Atkinson

April 21. 2009 09:07

Thanks vijaya- I shall send it across to other workpermit holders I know. I have signed the petition too.

Lakshmi

April 21. 2009 09:18

WP Forum has been setup to support and assist Work Permit holders in the UK,
http://www.wpforumltd.com/
and other links i thought might help wp holders

http://gopetition.com/online/26927.html

Lakshmi

April 22. 2009 07:05

HI
can you please tell me roughly how much time they take to implement this judicial order?

amjad

April 22. 2009 07:26

Hi Amjad,

Highly skilled migrant programme (HSMP) Forum Judicial Review - Judgement of 6 April 2009

14 April 2009

Prior to 3 April 2006 the continuous leave requirement for indefinite leave to remain (ILR) under the highly skilled migrant programme (HSMP) was that migrants should show that they had spent four years' continuous residence in the United Kingdom. The four year qualifying period was increased to five years' qualifying residence on 3 April 2006.

The HSMP Forum Ltd brought a Judicial Review against the Home Secretary on the basis that those who entered onto the HSMP before the qualifying period for ILR was increased from four to five years, should be eligible for ILR after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgement can be found on the BAILII website, on the right side of this page.

We are currently looking into implementing the court's decision. We will publish our remedies as soon as they are finalised and migrants who believe they may be affected by the judgement should check this website regularly.

1st Contact Visas

April 22. 2009 08:54

Hi,

I received my HSMP approval letter in July 2005, and got my 1 year LTR on 19 Aug 2005. This was renewed and extended for 4 years until 19 Aug 2010.

Am I right in assuming that this coming Aug 2009 I should be able to apply for ILR?

Also - the ruling only states about ILR. What is the situation with regards to citizenship? In July 2005 when I had my HSMP approved the ruling was 4 years until ILR and after a total of 5 years you could obtain citizenship. This has subsequently changed to 5 years until ILR and a total of 6 years until citizenship.
Seeing that the are backtracking on the ILR changes, does this affect the citizenship criteria as well, or does this remain unchanged?

Thanks,

Bernard

Bernard Pretorius

April 22. 2009 08:59

Hi,

I received my HSMP approval letter in July 2005, and my 1 year LTR took effect on 19 Aug 2005. This was extended in Aug 2006 for four years until 19 Aug 2010.

Am i right in assuming that after the court ruling I should be able to apply for ILR this coming Aug 2009?

Also - What is the situation with regards to citizenship?
When my HSMP was approved, the time frame was set on 5 years until you would qualify for citizenship. This has subsequently been changed to 6 years. In the light of the review with regards to ILR, does this affect citizenship as well - i.e. that they will revert back to the 5 year period if your HSMP has been approved before April 2006?

Thanks,

Bernard Pretorius

April 22. 2009 09:15

Hi Bernard,

It is unlikely that the Citizenship/Naturalisation rules will be amended, as there has always been the requirement for an applicant to have been free from immigration control (ILR) for 12 months prior to applying.

1st Contact Visas

April 22. 2009 09:20

Hi,

So does that mean, that should I be eligible for ILR Aug 2009, I should be free to apply for citizenship by Aug 2010?

Bernard Pretorius

April 22. 2009 09:37

Hi Bernard,

If you obtain ILR in August 2009, you should be eligible to apply for British citizenship in August 2010.

1st Contact Visas

April 22. 2009 15:28

I WAS UNDER THE HSMP FROM FROM NOV 2004.I APPLIED FOR ILR NOV 2008.I WAS REFUSED ON BASES OF SPENDING 4 NOT 5 YEARS UNDER HSMP.IS THERE ANY LEGAL PERSON/ORGANISATION WHO CAN HELP ME RE-APPLY AFTER THIS NEW DECISION FROM THE HIGH COURT

FEROZ

April 23. 2009 05:17

Hai,

Congratulation to all of you. I got HSMP in July'05 and afterward I had extension for other three year so my five year visa will finish in July'10.
so shall I apply for indefinite visa after four year.

Could you please advise me. … I am waiting for your positive reply. .. Highly Appreciate.

Pankaj

April 23. 2009 05:45

Hi Pankaj,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information or dates on which the official policy will be announced and implemented by the UK Border Agency (Home Office). Nor are we able to confirm the implications of the ruling, for example, whether the Life in the UK test will still be a requirement. We will continue to update our website accordingly.

1st Contact Visas

April 23. 2009 09:58

Highly skilled migrant programme (HSMP) Forum Judicial Review - Judgement of 6 April 2009

From the UKBA website - 23 April 2009

www.ukba.homeoffice.gov.uk/.../indefiniteleavetoremainforhsmp1

This news item follows on from the news item published on 14 April 2009.

The Court Order, dated 8 April 2009, in relation to the above judgment gives the UK Border Agency 42 days to implement that judgment.

Work is underway to put the necessary remedies in place. This is not a simple matter and it is right and proper that we take the time available to make sure that correct policy and procedures are in place for all those affected.

We appreciate that those affected will be keen to formalise their position in relation to the judgment but ask you not to submit an application based on the outcome of the judicial review, until policy and procedures are published on this website.

There will be some people whose leave is due to expire before (or shortly after) the policy and procedures are published on the website. Those people will need to submit an in-time application. If this is the case you can submit an application for indefinite leave to remain (ILR) and this will be held until policy and guidance is published. It would help if you can make sure you attach a note to your application identifying yourself as being affected by the ILR judgment handed down on 6 April 2009.

Policy and procedures for all those affected by the judgment will be published on or by 20 May 2009.

1st Contact Visas

April 23. 2009 11:13

HI
I was in W.P from 2005 Jan..and I tranfer it in HSMP 2008 jan so is it apply for me to apply for ILR after 4 yrs

Thanx

Mahit

April 24. 2009 02:11

Hi Mahit,

Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, or on any visa type other than HSMP (eg Work Permit, Ancestry), the 5 year requirement for ILR will still be in place.

We apologise if this was not made clear in our news article.

1st Contact Visas

April 24. 2009 09:12

latest new from HO

23 April 2009

This news item follows on from the news item published on 14 April 2009.

The Court Order, dated 8 April 2009, in relation to the above judgment gives the UK Border Agency 42 days to implement that judgment.

Work is underway to put the necessary remedies in place. This is not a simple matter and it is right and proper that we take the time available to make sure that correct policy and procedures are in place for all those affected.

We appreciate that those affected will be keen to formalise their position in relation to the judgment but ask you not to submit an application based on the outcome of the judicial review, until policy and procedures are published on this website.

There will be some people whose leave is due to expire before (or shortly after) the policy and procedures are published on the website. Those people will need to submit an in-time application. If this is the case you can submit an application for indefinite leave to remain (ILR) and this will be held until policy and guidance is published. It would help if you can make sure you attach a note to your application identifying yourself as being affected by the ILR judgment handed down on 6 April 2009.

Policy and procedures for all those affected by the judgment will be published on or by 20 May 2009.

luke

April 26. 2009 17:03

Hi

I received HSMP approval letter towards the end of 2005 but got my visa started from April 17, 2006 and arrived in the country on the 18th of April 2006. May I also become eligible to apply for ILR after 4 years? Or am I not covered by the judgement since I arrived in the country after April 3, 2006?

Many thanks in advance
Kind Regards
Jim

Jim Ergun

April 27. 2009 01:34

Hi Jim,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information regarding the official policy until it is announced and implemented by the UK Border Agency (Home Office) by 20 May 2009. Nor are we able to confirm the implications of the ruling, for example, whether the Life in the UK test will still be a requirement. We will continue to update our website accordingly.

Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, or on any visa type other than HSMP (eg Work Permit, Ancestry), the 5 year requirement for ILR will still be in place.

We apologise if this was not made clear in our news article.

1st Contact Visas

May 1. 2009 08:14

Hello,
Could you please advise, is a 4 year visa granted in 2004 on UK ancestry and work the same as HSMP, or is it just viewed as UK ancestry. My Australian brother in law has been refused ILR as he was unaware he had to apply for a one year extension and put in for ILR immediately.

Jan

Jan Beesley

May 1. 2009 12:26

I am admitted to HSMP around Mar05 and get my visa extension on 5th April 05. Do you know if I need to be in employment when I renew my visa?

bin

May 1. 2009 12:27

What I mean is when I apply for ILR

bin

May 3. 2009 10:10

Plans are underway to take HO to court to include Work Permit holders as well.Few letters have already been to sent to UKBA and their respond was, Work permit holders are not included in the ruling.Moreover, the Conservative and the Lib Dems will shortly receive letters from pre April 2006 work permit holders.For further details about what is going on on this issue, please visit www.immigrationboards.com and click
GENERAL UK IMMIGRATION FORUM, and scrow down to "TO ALL THE WP HOLDERS".Here you will get to see the UKBA's pathetic response.If you still have got your WP issued pre April 2006, if you can turn to point 16 of the conditions governing the issue of the permit, its clearly stated that after 4 years, you can apply for ILR,so this governmnet is trying to play fun games with us.They have to stick to their promise.

WEBBY

May 4. 2009 06:03

Hi Bin,

Thank you for your comment.

It is very important that you are in employment, whether as a salaried employee of a company or self-employed, at the time of submitting an application for ILR.

1st Contact Visas

May 5. 2009 04:41

Hi,

I applied under the old HSMP rules on 30th November 2005. I received some emails from homeoffice in March 2006 regarding my home address etc. Those emails contained my HSMP alloted no which was later on my HSMP approval letter.

I received the HSMP approval letter on 04th May 2006 and visa on 23rd May 2006.

In May 2007 I got my further extension for 4 years.

Will this court decision benifit me?

Thanks

Aziz

A U Hakeem

May 5. 2009 05:28

Hi Aziz,

Thank you for your enquiry regarding the Judicial Review victory regarding Indefinite Leave to Remain (ILR) for HSMP holders.

At this early stage, 1st Contact is unable to provide any further information regarding the official policy that will be announced and implemented by the UK Border Agency (Home Office) on or by 20 May 2009. Nor are we able to confirm the implications of the ruling, for example, whether the Life in the UK test will still be a requirement. We will continue to update our website accordingly.

1st Contact Visas

May 5. 2009 07:43

-I thought you only need to economically active, i.e you are trying hard to look for employment as that is the criteria for HSMP people admitted prior to April06?
-Do I need to have £800 in my bank accounts for previous three months when I apply for indefinite LR?
-when the HO say you need have the balance of £800 at all time, does it mean every single day of those three months?

Bin

May 5. 2009 07:44

Is your service on a no win no payment basis for ILR?

Bin

May 5. 2009 07:49

Hi Bin,

At this early stage, 1st Contact is unable to provide any further information regarding the official policy regarding ILR that will be announced and implemented by the UK Border Agency (Home Office) on or by 20 May 2009. Nor are we able to confirm the implications of the ruling, for example, whether the Life in the UK test will still be a requirement. We will continue to update our website accordingly.

1st Contact Visas

May 5. 2009 07:50

Hi Bin,

Yes, 1st Contact Visas operate on a 'no visa-no fee' policy guarantee.

1st Contact Visas

May 6. 2009 09:13

I got my HSMP approval letter in October 2005, however the Entry Clearance Officer refused to grant my entry clearance. I appealed immediately.I won the appeal and was later granted the entry clearance in June 2006. Note however that I was not given a new approval letter despite the HSMP entry clearance granted in June 2006. I was made to understand that once there is pending appeal on a case that the status quo does not change, meaning that the entry clearance officer subsequent grant of my HSMP entry clearance revalidated the approval letter and hence retained the original October 2005 date as the case may be. In the eyes of the law, it was granted on the basis of the early application made in 2005 for entry clearance.Again, when I was asked to come and pick my entry clearance, I did not make any application agagin as everything was based on the application submitted in 2005 for entry clearance. What is your take on this?

CJ

CJ

May 6. 2009 11:36

Hi CJ,

Thank you for your comment and query.

Until the official policy document has been released by the UK Border Agency regarding ILR for HSMP holders pre 03 April 2006, we here at 1st Contact cannot comment further.

We will update our website as and when news is forthcoming.

1st Contact Visas

May 8. 2009 07:23

i just want to know this new rule is same for work permit holders april 2006as well.thanks

seara

May 9. 2009 12:03

Hi.

I qualify for my ILR in FEB 2010. At present my family
is in India would they be able to qualify for their ILR with
me or would they have to stay in UK for 4 years

Mayur

Mayur Desai

May 9. 2009 16:32

hi, me n my husband got our hsmp visa for 1 year issued on 15 april 06 but we entered in uk on 06.06.06,after 1 year i got my resident permit till 2011,now the rules have changed so plz tell me whether we r eligible to apply for indefinite next year in april 10,or we have to complete 5 years,thanks.

mrs javed

May 11. 2009 20:50

It is a great victory and this became possible by HSMP FORUM. I appreciate the founders of this non profit organization and congratulate them and salute to those brave people who faught for the common intrest of HSMP visa holders who came in the UK on previous rules of the HSMP policy.

tariq mughal

May 11. 2009 20:55

Hi CJ,
You are coming under old rules and your indefinite leave to remain would be after 4 years and if any extention will be needed for your case that also would be treated under previous rules of the HSMP policy when your approval was issued originally.
Tariq Mughal

tariq mughal

May 11. 2009 20:58

Congratulation to all HSMP visa holders who came to UK under HSMP old rules, on 6 April 2009 decision of High Court.

tariq mughal

May 14. 2009 11:54

Hi,

The rule is applicable to those who joined HSMP before 3 April 2006. What does join mean? is it issue of approval letter or submission of the HSMP application under the old rules of HSMP before this date.

Regards

A U Hakeem

May 19. 2009 04:42

Dear Sir,

My HSMP visa is started from 1st March 2006. I have initial HSMP approval letter on 26th January 2006. Till now I am alone here on HSMP visa and this year I will be getting married.
Actually my fiancée is a doctor and I am wondering if any additional condition imposes on her visa.

Could you please advice on below-
- If she will eligible for HSMP dependent visa without the condition of “No work as doctor in training” as per “HSMP Forum judicial review Nov 2008” as I have not this condition on my visa?

- If recent High court decision of 6 April 2009 is implemented then can we both apply for indefinite (after 4 years) under old HSMP rules. Actually she will be here in UK for 4-5 months only by then.

- Is there any condition applies to indefinite stay? Like “No recourse to public funds” or “No work as doctor in training”

Thank you very much.

D Singh

D Singh

May 19. 2009 07:22

Hi,
I got my Workpermit in feb 05 and then changed into HSMP in dec 05. Will i be eligible to apply for ILR now and will i be given ILR starting from Feb 2009 or should i wait until dec 09 to apply for ILR?
Regards,
Vidya.

vidya

May 20. 2009 05:24

I Got my HSMP approved in Jan 2006 , but I got my visa stamped on 16th April 2006 and entered UK on 20th April 2006 , from which date I have been continuously working . Am I eligible for ILR in 4 years as I got my HSMP approved before April 2006 ? Or do Home office looks for the date when the visa was stamped ?

seth

May 20. 2009 07:51

DEAR FORUM FRIENDS, I FEEL THAT THE WP HOLDERS AND OTHERS WHO ENTERED UK BEFORE APRIL 2006 ARE DISCRIMINATED. BECAUSE THE LAW USE TO STATE THE SAME FOR THEM THAT THEY COULD GET THEIR ILR AFTER FOUR YEARS AND NOW THIS ONLY APPLY'S TO HSMP. WHEN I ENTERED UK IN THE SEPTEMBER 2005 THE LAW STATED THAT I HAD THE RIGHT TO APPLY FOR ILR AFTER FOUR YEARS.this is what the court has come out with...The Judgment concluded "in the circumstances, I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them."
Many Thanks
Sergio

SERGIO

May 20. 2009 13:25

This is a discrimination against those who were originally qualified for 4 years. If HSMP have won the case it means that those who settlet in the UK before the new ruling came into power should automatically be accepted.

sergio

May 21. 2009 05:50

hi
i got my hsmp visa in june'05 for 1 year (june'05 to june'06)
i came in july'05.my family came in dec'05.i ext.my visa in june'06.i recived visa for 4 years (june'06 to june'10)total 5 years.am i eligible for ilr in july'09?
my family came in dec'05 so when they eligible?
dharmesh

Dharmesh

May 21. 2009 07:12

Hi Dharmesh,

Thank you for your enquiry.

Based on the HSMP Judicial Review policy document for ILR after 4 years, you will be eligible to apply for ILR 28 days prior to you meeting the 4 year residency requirement, which would be some time in June 2009.

The good news is that your dependents will also be eligible at the same time as you, the principle applicant. All of your applications will be submitted on the same form.

1st Contact Visas

May 21. 2009 09:02

Can anyone answermy question pl
Many Thanks
SERGIO

sergio

May 21. 2009 10:14

Hi Sergio,

Unfortunately I cannot see any questions - only statements?

1st Contact Visas

May 21. 2009 10:23

DEAR FORUM FRIENDS, I FEEL THAT THE WP HOLDERS AND OTHERS WHO ENTERED UK BEFORE APRIL 2006 ARE DISCRIMINATED. BECAUSE THE LAW USE TO STATE THE SAME FOR THEM THAT THEY COULD GET THEIR ILR AFTER FOUR YEARS AND NOW THIS ONLY APPLY'S TO HSMP. WHEN I ENTERED UK IN THE SEPTEMBER 2005 THE LAW STATED THAT I HAD THE RIGHT TO APPLY FOR ILR AFTER FOUR YEARS.this is what the court has come out with...The Judgment concluded "in the circumstances, I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them." Can anyone answermy question pl Is anyone going to take WP holders case on.
Many Thanks

Many Thanks
Sergio
SERGIO

sergio

May 22. 2009 01:42

Hi Sergio,

Unfortunately I am not aware of any group or groups campaigning for Work Permit or Ancestry visa holders.

Perhaps you should write to your local MP?

1st Contact Visas

May 22. 2009 07:17

Hello,
I came to uk on a workpermit in Feb 2005 working for employer A.
I then applied for HSMP in June 2005 and got the Approval letter in July 2005 and subsequently got it stamped in December 2005.

I then changed to employer B during 2006 and have been with the same employer ever since 2006.

Now that i have completed my stay in UK legally for 4years i can apply for ILR according to the new judicial rule for the old HSMP scheme.

While i was on HSMP i took 1 year study leave (leave without pay) from my current employer but my visa status was still under HSMP.

So my question to the forum is if i would still be able to apply for ILR since i have completed 4 years on HSMP & work permit combined or should i exclude the 1year study leave for applying for ILR.

I would greatly appreciate your response on this issue.

Thanks a lot.

vidya

May 22. 2009 20:55

Hi,

I am not sure if I am eligible for 4 Years.

HSMP approval Letter issued on: 16th March 2006.
Applied for HSMP visa straight after, but got HSMP visa starting from 27th April 2006. (I was already in UK at that time on SEGS visas)

Would I be able to apply for ILR after 4 years, ie in april 2010 or after 5 years that is in april 2011?

Many Thanks

Jigar patel

May 27. 2009 14:15

Hi,
My HSMP visa expires in Apr 10 at which time I will have been in the UK for 5 years. I am assuming now based on the ruling I will be able to apply for ILR immediately rather than waiting til next April. I am also currently on unpaid maternity leave so not sure how the "economically active" requirement would be applied. Do I have to wait until I start working again in order to apply for the ILR, or can I submit the application now? Also once I have had the ILR for one year, can I apply for citizenship or do I have to wait for an additional 3 years [there is a bill awaiting parliament in relation to this I believe, that requires 8 years in thecountry before citizenship can be granted rather than the current 5 years].

Ann

May 29. 2009 04:53

Hi,
My wife came to the UK as a student and after graduating, whilst still in the UK, applied for the HSMP visa and got it in August 2005 for 1 year which was consequently renewed for another 4 years expiring Aug 2010. She worked for the entire period and is currently on maternity PAID leave. Could she apply for ILR in July this year?

A Sokwala

June 2. 2009 09:04

Hi all,

Regards to WP & other visa holders, can we all put our views on http://www.wpforumltd.co.uk. I just came across this site today and we have to be united in the cause.

Thanks

Suresh

June 2. 2009 14:15

hi

i came to the uk as hsmp on sept 2005 but unfortunately i went india for 355 days due to medical problem so i can submit my file for ilr in sept2009 please advice me

Tej

Tej

June 4. 2009 13:03

Where have i been wow, this is a great news. Many thanks to the HSMP Forum you are all blessed to represent the interest of all.

Please a quick question, i started my HSMP 11 Oct 2005, after the initial 12months visa given, i was given leave to remain till October 2010, under this victory, can i now (immediately) apply for my ILR.

Thank you

Oneworld

Oneworld

June 5. 2009 01:22

Hi Oneworld,

Thank you for your enquiry.

Once you have completed 4 continuous years of residence in the UK on the HSMP/Tier 1 scheme, where your initial HSMP was granted based on the rules in place prior to 03 April 2006, you would be able to apply for Indefinite Leave to Remain based on the High Court Ruling of 06 April 2009.

The application can be submitted up to 28 days prior to your 4 year period, provided that you have not spent any periods in excess of 90 days away from the UK at one time, and have not spent more than 6 months outside the UK in total over the 4 year period. It is essential that you are working at the time of making the application.

There is no requirement for applicants to show that they have sufficient knowledge of language and life in the UK in order to qualify for settlement under this provision.

1st Contact Visas

June 7. 2009 05:06

Hi

I came to UK in July 2005 on work permit, then I applied for HSMP, I got the approval letter in Dec and visa stamped in Feb 2006, Please let me know if the give court ruling is accepted by BIA then can I apply for ILR in July or do I have to wait till Feb next year. My 4 years completes in July if we take work permit and HSMP years together.

Shailesh

June 7. 2009 18:06

Hi,

I got my HSMP in Nov 03, and therefore I would have been eligible for the ILR in Nov 07 (under the rules in 2003- four years qualifying residence) , however due to the change in rules, I had to apply and pay for another extension.

I am now (since Nov 08), eligible for the ILR anyway, as have already completed the new 5 years requirement.

On the Judicial Review it says: "Migrants who make a successful ILR application will also be considered to have first obtained ILR from when they had completed four years qualifying residence for the purposes of any subsequent citizenship application". Does it mean that if I apply for the ILR now, it will be considered as off Nov 07, when I applied for the second extension? If so, am I already eligible for the citizenship (once receive the ILR as off Nov 07)?

Well, I hope I was clear on my explanation and questions.

Thanks in advance for your help!

Best regards,

Ana

Ana

June 15. 2009 00:59

hi,

I have got the HSMP visa in feb.2009 . but due to some circumstances i could not able to go to uK till now. I want to knw that is there any timeperiod within which i have to land in UK for once atleast or else my HSMP visa will be cancelled.

Thanks
Naveen

naveen

June 15. 2009 15:27

hi,

We came in uk in dec. 2005 and at first we got 12 months visa and then we got 4 years extention in dec. 2006 up to dec. 2010.
i want to know as my wife will have baby in few months and she was main applicant do we need to apply for ILR in dec 2009 when she will be on maternity leave. do we need to provide payslips for her as i will be working at that time howeve she will be on maternity leave and we have around 10k saved up in saving account.

Ash.

Ash

June 17. 2009 08:43

Hi,

Does anyone know whats happening with any appeal for the Work permit holders regarding the ruling of the 4 year versus the 5 year ILR given for the HSMP.

Are there any forums or petitions set up challenging the ruling for WP Holders.

Thanks,

Denise

June 17. 2009 13:20

I know that HSMP applicants under Judicial Review do not need to take life in UK test but what is the situation with their dependents. Do the dependents not need to take life in the UK test as well.
Thanks

Muhammad

Muhammad

June 18. 2009 03:39

Hi Muhammad,

Thank you for your comment.

I can confirm that dependents who hold a valid HSMP dependency visa are not required to satisfy the Life in the UK test requirement under the HSMP ILR Judicial Review. They will however be required to pass this as part of a British Citizenship application.

1st Contact Visas

June 18. 2009 13:07

Thank you very much for your prompt reply.
Much appreciated.

Muhammad

June 21. 2009 06:14

hi all,
dunt u think this rule should be for other visas as well?i came in this country in may 2004 and had visa for 4 years.i finished my 4 years in may 2008.so i needed 1 year more extantion for qualify for ILR.my boss applied my workpermit extantion on time b4 my visa expire.but he didnt apply for other application FLR on time.anyways home office took 9 months for my extantion.and issue my visa on 23 feb 2009.and my time was goin to finish for my ILR in may 2009 according to 5 years rule.so in jun 2009.i went to PEO(sheffield).for my ILR.and they gave me heart attack lady jus saw my passport and said u have gap in ur visa now ur time is restart from 23 feb 2009 :d...im thinkin to go in court but when i saw all blogs and fourm..i seen im not the only 1 who is sufring in this..lods of pplz r sufring init.HSMP lads made effort and u all pplz can see the result they won...so it was the same promiss with us as well when we came in this country..dun u think we have to make move as well like HSMP guys?or jus we have to write comments to each other?i will apprisiate for all hsmp lads who made this effort and cong8 them.now its time to strike for workpermit holders.u can contact me any time.and this case will be pice of cake coz allready HSMPIAns gave us big ground.thx

ranz

June 23. 2009 18:07

I will be completing 4 yrs on HSMP in Nov 30th 2009.However my wife has come as my dependant only in Feb this yr. Will I be able to apply for ILR for my wife as my dependant along with me ?
Also when can I apply for British naturalisation?

Tarek

June 24. 2009 02:09

Hi Tarek,

Thank you for your comment.

Yes - your wife will be eligible to apply for ILR as your dependent at the same time as you.

Once you have completed 12 months of residence in the UK under the ILR conditions, you will both be eligible to apply for British citizenship.

1st Contact Visas

June 25. 2009 11:59

Hi there,

I wonder if some one can help me to understand this Justise in a free / fair country, well, at least what they called.

I am working in the UK as a WP holder for over 4 years now so why i can't apply for ILR after 4 years of WP which are already over and HSMP holders can do so, after the Judicial Review by court filed/won by HSMP Forum.

The base of Judicial Review was breach of commitment/law by UKBA and that is same in case of HSMP and/or WP visa holders if you see the commitment/notes of UKBA for both catagories of that time.

So how UKBA after loosing in court can refuse now to accept the same logic for WP holders?

Also i will appreciate if someone could please advise how can i file my individual case to court on this matter?

Thanks,

Z

July 4. 2009 08:21

Hello,

I am a work permit holder and can't seem to find information regarding whether i can take out a study leave for a year (unpaid) if employer agrees and

thank u
susan

susan

July 9. 2009 16:02

hi there,
i been refused to (tier 1) IGS 2nd year extension on the grounds that i had not enough money in my account, and they did not give me right of apeal, i just wanted to know that how much chances that if i go back to home country (pakistan) and apply for the 2nd year IGS extension, i am waiting a reply,
thnx and regards

celesstial14

July 10. 2009 14:17

all you worried work permit holders, please visit www.immigrantwelfare.co.uk/forum.There is a lot of work being done to take the Homeoffice back to court

BIGJEF

July 10. 2009 14:19

www.immigrantwelfare.co.uk/forum .Solution for you all work permit holders who are being screwed up by the uk GVT

BIGJEF

July 21. 2009 08:52

To all Ancestry Visa Holders

Contact Mr Chapman on protect.uk.ancestry@googlemail.com

He is organising a possible court case to represent your group. He is trying to collect cases of affected members.

Thanks

Mai

August 7. 2009 16:55

hi ,
I need help i just got my ilr against judicial review.Do i need to take life in the uk test to get naturlization certificate or can i apply without taking the test against judicial review.

faiza

August 19. 2009 02:17

I got my HSMP on October 2005. In total I have spent more than 7 months outside of UK. I have not been away from UK more 90 days.
Could you please advise me how can I apply for ILR as I have been outside of UK more than 6 months.

Ibrahim

August 19. 2009 03:19

Hi Ibrahim,

Thank you for your enquiry.

Unfortunately there are no provisions within the Immigration Rules for absences outside the UK, however the UKBA exercises discretion up to a certain point, as described below:

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.

3.1. Discretion in cases where continuous residence has been broken

In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:

• there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or

• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

I trust this has assisted.

1st Contact Visas

August 27. 2009 02:04

Will the chances of getting a Student Visa be better, if u get admission to good foregn colleges?

web marketing

September 1. 2009 13:22

Hi 1st Contact

I arrived in the UK in Apr-03 as a working holiday maker and obtained a work permit in Jul-05 (having applied from my country of residence when my working holiday visa expired).

Am I entitled to apply for Indifinite Leave to Remain now (i.e. having been on work permits for just over 4 years) or do I need to wait until Jul-10 (i.e. 5 years)?

I have not been out of the country for more than 90 days at a time and my total time outside the UK is less than 6 months during the period I have held work permits.

Your assistance would be appreciated.

Cheers.

Steve

September 6. 2009 14:20

I am on hsmp visa under JR.
I have competed 4 year in March 09.

I was out of courty for 7 months and 5 month twice due to medical reason. I have medical certificates of home country and I have hand over this certifcates to my GP and I was trated in UK as well I got certifcates from UK GP as well. Can they consider my case for ILR ? I can apply at PCO personally for visa ?

Thanks

Shreekant

Shree

September 16. 2009 18:10

Hi 1st contact,

I came to UK in Sep'2006, on a dependent work-permit visa.
However, changed my status to HSMP in April-2008.

Now, in feb 2010 - my husband qualifies for ILR. Can I apply although with him? If not, appreciate if someone could let us know the protocol.

Many thanks,
Radhika

Radhika

September 28. 2009 06:24

Hi,

I want to know some thing regarding HSMP visa Rule. I come to this country in May 2005 as WHM visa for 2 years. I extended my visa with HSMP in Sep 2006 for 2 years. Then Extend again in Oct 2008 for another 3 years. I want to know some information. I have last 4 years p60 and i was working in IT jobs. Their is any chance i can apply for Indefinite stay in this country for next year or i have to wait for some time. What is the procedure for apply for Indefinite stay to this country when i can apply for this rule.

Thanks

Shah.

Shah

September 28. 2009 07:38

Hi Shah,

Thank you for your enquiry.

Based on the information you have provided, you will only be eligible for ILR in September 2011.

This Judicial Review does not apply to you, unless you made your application for HSMP prior to 03 April 2006.

1st Contact Visas

September 30. 2009 11:54

Can anyone please let me know what happened to Work Permit holders who got their WPs prior to April 2006? Are they eligible for ILR after 4 years?

Abhijit

October 1. 2009 01:45

Hi Abhijit,

Thank you for your enquiry.

Unfortunately the Judicial Review only covers migrants who entered into the HSMP scheme prior to 03 April 2006 - it does not cover any other immigration category.

1st Contact Visas

October 6. 2009 10:33

Hi
I came into the country under a Working Holiday visa and transferred to a HSMP visa prior to April 06. I initially completed 1 year under the working holiday (the second year of a two year visa residing in the country during that time).

Can I count the 1 year under the Working Holiday towards the 4 years I have to reside in the country?

Many thanks for any assistance you can provide.

Brett

Brett

October 7. 2009 03:31

Hi Brett,

Unfortunately any time spent in the UK under the working holiday scheme does not count towards the residency qualifying period.

Once you meet the 4 year requirement under the HSMP category, you will then be eligible to apply for ILR.

1st Contact Visas

October 17. 2009 03:20

Hi, can anyone shed some light if anything more has happened for the Ancestry visa for people arriving before 3 Apr 06 and the 4 to 5yr rule. Has their been anything submitted or a case pending to fight this ruling similar to that of the HSMP ruling?

I know about the extension visa but am hoping that the 5yrs comes back to 4 for people entering prior to a certain date. Surely this should be honoured.

Karen

October 19. 2009 04:01

Hi Karen,

Thank you for your enquiry.

Unfortunately there have not been any new developments for those on visas other than the HSMP.

1st Contact Visas

October 21. 2009 08:07

Hi there, my work permit started in July 2005, so I assume i am eligible for ILR next year i.e. July 2010 and citizenship in July 2011. However, at the moment are you aware of any rules that would apply from April 2010 - that could impact my application dates and process?

thanks
JJ

JJ

October 21. 2009 08:14

Hi JJ,

Thank you for your enquiry.

At present we are not aware of any rule changes planned for 2010 that have not been tabled already.

1st Contact Visas

October 29. 2009 18:55

hi 1st Contact Visas,

I wanted to inquire few things. Firstly me and my wife are on HSMP and we had our approval just before 7th November 06 (2+3). As my wife was pregnant and there was no one other then me to look after her properly and also due to her ill health during pregnancy she had left UK for a full year i.e. 12 months. She however have been working prior to that.

My query is, she being the main applicant and given her situation back then, please can you advise if she will be still qualified for ILR after 5 years (2011) and can we both get naturalised the following year. We both are covered by JR. Please advise, your response is much appreciated.

thanks and Regards,

Vishal.

Vishal Bhatt

October 30. 2009 18:50

i will be eligible to apply for ILR under the judicial review 5th december,but am unable to get an appointment yet, as all the dates are taken,does anybody know when the appointments are released each day?
is my only option to apply by post then???

minijo

November 4. 2009 04:22

Hi
I was got approvel letter for HSMP visa before 03 April 2006. And i came in uk under HSMP, May 2006.But i move into workpermit in Oct 2007 due to new rules for hsmp extention and that time i cant able to extend my visa under HSMP (with new rules) so thats why my company offer me work permit till 2012.
So Really what i wana to ask, Am I entitled to apply for Indifinite Leave to Remain now under HSMP judicial review?
Please let me know in detail.
Thanks
Saj.

Sajjad

November 17. 2009 09:22

Hi there,

I am also on an Ancestral 4 year Visa, the costs involved in extending the Visa are crazy..it basically is going to cost more than my visa cost me in the beginning. Has no rule being passed yet to consider the holders of 4yr Ancestral visas to be eligible to apply for ILR? I think considering that we have relatives that decended from the UK, you would think that we have more rights to stay in the country than most people, i am not picking here, but i also hold a degree,majority of my family live here too and now i am thinking i should have just come into the country on a HSMP...This whole process of extending the visa and then only applying for the ILR is a costly process and i feel that we need to take this to the courts, so anyone else on a 4 year Ancestral visa, lets join up and take them on!!

Justin

December 4. 2009 06:29

Hi there,

I have been granted work permit in Jan 2006 for 5 year . I have been contiunesly getting increments every year upto 20% every year, will this cause a problem when i apply for my ILR in jan 2011.

diehard

December 8. 2009 07:37

I think the ruling is welcomed. Although I was subject to purchasing a 5year ancestory visa, when my 4year visa had expired. This served me for 1year, whereafterwards I then went to ILR.

Do think there will be grounds for a reimbursement of 5year visa?

Thank you

David

December 29. 2009 15:24

Hi,

Can any one please help me with my query.

I was landed in UK on Nov,2005 first time on HSMP Visa and granted 4 year extention in 2006 than was out of UK for 3 times and longes period was around 179 days and other was 3 months and third time i was on official holiday now i was away because of one of my family health issue can i declare or produce any statement or doctory certificate regarding those to file my ILR Visa.

My 4 years is completed in nov, 2009.

Quick help would be highly appreciated.

Thanks

keith

January 2. 2010 12:56

Dear Sir/Madam

I got my HSMP visa in 6 DEC 2005 and i arrived in UK on dated 21 JAN 2006. I went on holiday to INDIA in dec 2oo8 for 34 days and again I went in SEP 2009 for 25 days. Now I like to know when I eligible to apply for my ILR in UK. Thanks.

bharti