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hsmp28122006 wrote:Hi Guys,
I have a question regarding Judicial Review (which is due) of government's changes to 5-year ILR system from 4 years.
A friend of mine came to the UK as WorkPermit holder when 4-year ILR was in place. Now he is on HSMP. Would he be affected by the judicial review if it goes against government decision?
TIA!
In my honest opinion, ILR rules in effect (under HSMP, and not nder WP) at the time the HSMP application (for initial approval, not EC/visa/FLR application) was submitted should be applicable.hsmp28122006 wrote:Hi Guys,
I have a question regarding Judicial Review (which is due) of government's changes to 5-year ILR system from 4 years.
A friend of mine came to the UK as WorkPermit holder when 4-year ILR was in place. Now he is on HSMP. Would he be affected by the judicial review if it goes against government decision?
TIA!
I think you are confusing between HSMP approval and HSMP Extension Approval. The rules are as they were when you received your initial approval, basically for application of ILR the HO would need to reinstate immigration rules namely 135G which has now beenhsmp2010 wrote:this is disoppinting for us who got extension under JR but cant get ILR after 4 years as we are granted hsmp approval after apr,06.
Did you read the HSMP guidelines when you applied? Did you not see it mentioned that the ILR qualifying period is 5 years??hsmp2010 wrote:no i was given initial approval in november 06
We have to wait for the HO to update its rules/forms. I think they can even still appeal this judgement. Last year (for HSMP JR), they used up the time they were given to appeal, then showed up in court to say they would not appeal judgement. It took them from April to July to release the new HSMP extension forms and guidance notes.drnitinbb wrote:Hi All,
Could someone guide when can we apply for ILR now that we have won the case if we are already in 5th year of HSMP
Regards
Nitin
I hope so! But it will be an administrative/paperwork nightmare.drnitinbb wrote:Thanks Bani for your prompt reply. But do you think they will retrospectively take into consideration the time spend in this review while assessing our application for citizenship. As they will buy time to implement the newer laws to prolong the citizenship..
Regards
Nitin