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HSMP (post Apr 2006 approval) to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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timm
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Posts: 5
Joined: Mon Dec 28, 2009 8:26 pm

HSMP (post Apr 2006 approval) to ILR

Post by timm » Mon Dec 28, 2009 8:57 pm

My HSMP was approved prior to April 2006.

Prior to that I was in UK on student visa. However, I could not switch status and had to travel to obtain HSMP visa to return to the UK.

I am curious if I can count period prior to my HSMP approval (arrival as student) towards eligble period for ILR?

I should be qualified in 2010 for the 4 year rule under judicial review but my current HSMP extension expired June 2011.

Can I apply for ILR from a year to my current expiration (june 2010 - four years from initial issue of entry clearance based on HSMP approval) , this would have been the expiration has the criteria based on intial criteria prior to the additional year been fixed by the judicial review, or do I have to wait till four years from date I entered UK on HSMP?

gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 6:50 pm

Post by gidoc » Tue Dec 29, 2009 12:48 pm

Hi,

>>I should be qualified in 2010 for the 4 year rule under judicial review but my current HSMP extension expired June 2011>>

Your wording is not too clear but this is how I understand what you are asking:
You need 4 yrs of residence in UK, which is effective from the date you entered UK, based on your HSMP approval. For example if you entered in June 2006, you are eligible for ILR in end of May 2010. As your visa is valid until June 2011, you have one year to apply for ILR.
If your visa is expiring in June 2010, you can still apply for ILR in May 2010, depending upon the exact date of your entry.

Hope this helps.

Best regards

timm
Newly Registered
Posts: 5
Joined: Mon Dec 28, 2009 8:26 pm

Post by timm » Tue Dec 29, 2009 3:04 pm

Many thank you for your response.

Although my HSMP visa was issue June 2006, I did not return to UK on HSMP till September 2006. Hence my 4 years of residency from first day of entry based on HSMP is September 2010.

Would that mean prior I was in as a student would not count?

Kind Regards

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