Urgent Guidance Required- Help Senior Members!

Hi, I wish to put a question infront of senior members, the question is that - after successful judicial review of HSMP--1 , as per policy, the Home office considered the time spent outside UK towards qualifying period for settlement. Is this only for ILR purpose or the same rule will be applied when somebody applies for nationality after successfuly attaining ILR? Thanks

hi i am not a senior member but my mum was on hsmp you can not stay outside uk for more than 90 days in 1 year and i think 270 days in total even after you get ilr it will affect your naturlisation application.once you have british passport you can stay for as long as you want.

saqibmalik11 wrote:Hi, I wish to put a question infront of senior members, the question is that - after successful judicial review of HSMP--1 , as per policy, the Home office considered the time spent outside UK towards qualifying period for settlement. Is this only for ILR purpose or the same rule will be applied when somebody applies for nationality after successfuly attaining ILR? Thanks

you need to give exact dates and count your days outside the uk its very simple can you give more detail so we can work out of your days out.

Hi, I wish to put a question infront of senior members, the question is that - after successful judicial review of HSMP--1 , as per policy, the Home office considered the time spent outside UK towards qualifying period for settlement. Is this only for ILR purpose or the same rule will be applied when somebody applies for nationality after successfuly attaining ILR? Thanks

You need to fulfil the standard requirements irrespective of whatever concessions you had for your ILR

I came UK on 29th July 2006 on old HSMP scheme. I left the UK 3rd Feb. 2007, when home office introduced changes in the HSMP scheme. Later,High Court declared those changes unlawful and home office published its policy and counted the time spent outside uk towards settlement qualifying period. I was reinducted in the programme on 14th November 2009 and I came back in UK on 29th December 2009 and was granted ILR on 29th July2010.
Now the big gap of 1060 days ( 3rd Feb. 2007 till 29 Dec. 2009) was due to the unlawful act of home office and as a remedy this time was counted towards qualifying period for settlement.
Does it make any sense if the home office does not count the time for naturalisation which it counted for ILR?

saqibmalik11 wrote:I came UK on 29th July 2006 on old HSMP scheme. I left the UK 3rd Feb. 2007, when home office introduced changes in the HSMP scheme. Later,High Court declared those changes unlawful and home office published its policy and counted the time spent outside uk towards settlement qualifying period. I was reinducted in the programme on 14th November 2009 and I came back in UK on 29th December 2009 and was granted ILR on 29th July2010.
Now the big gap of 1060 days ( 3rd Feb. 2007 till 29 Dec. 2009) was due to the unlawful act of home office and as a remedy this time was counted towards qualifying period for settlement.
Does it make any sense if the home office does not count the time for naturalisation which it counted for ILR?

Have you tried calling the HO to find out?

will appriciate if you give me some good contact number or e-mail

thanks for contribution of learned members. I have asked for information under freedom of information act. It sounds strange if that consession was for ILR only. Look at my case
First Entry in UK : 29th July2006
Left UK: 3rd Feb. 2007
Came Back UK on HSMP JR-1 : 29 December 2009
Got ILR on 29th July 2010.
Practicaly speaking my count down for 5 years start from 29 December 2009. Because one has to be physically present in UK before 5 years in UK and I was not in UK from 3rd feb 2007- 29 dec 2009. Means I can not apply between 4feb. 2012 till 29th 2014. Any body help.........

Is there any chance for JR success? coz High Court declared that H/O acted unlawfuly and it was this unlawful act that resulted in my excess absences from UK. This was also acknowledged by the home office as grant of ILR to me and by counting the time spent outside UK towards qualifying time for ILR. Why it can not be carried for nationality?

The whole point of the HSMP JR was changes made to settlement. No one guaranteed you BC with HSMP and citizenship rules have not been changed.

I see your point that it is the wrong doing of the HO that forced you out of the UK but nothing is stopping you from applying in a few years time so I doubt if you could claim that losing the option to apply for citizenship now is breaching human rights legislation as it was with the HSMP changes.

Also from your time line, you left the UK after 7 months so you can't really argue that you were forced out of the UK as your HSMP visa was about to expire.

Thanks for your reply. I left UK after consultations with the law experts they said that there was no chance for extension, naturaly I had to look for options back into my homeland.
Yes nothing stops me from applying in few years time but.... you know they are planning to introduce new changes for nationality very soon may be in couple of months time and I can not apply until Dec. 2014. Being in the state of uncertainity for another 4 years just because of H/O's fault is also a big issue.
Can anybody suggest me some solution? I thank you again for your reply and looking forword for your response

saqibmalik11 wrote:thanks for contribution of learned members. I have asked for information under freedom of information act. It sounds strange if that consession was for ILR only. Look at my case
First Entry in UK : 29th July2006
Left UK: 3rd Feb. 2007
Came Back UK on HSMP JR-1 : 29 December 2009
Got ILR on 29th July 2010.
Practicaly speaking my count down for 5 years start from 29 December 2009. Because one has to be physically present in UK before 5 years in UK and I was not in UK from 3rd feb 2007- 29 dec 2009. Means I can not apply between 4feb. 2012 till 29th 2014. Any body help.........

yes in case of natuarlization u have to fulfill all the requirements including life in uk etc i know a family who applied for natualization(same case like u) and HO refused it and if u will apply they will definately refuse becaz of absence there is no way except to wait

ok, thank you very much for your input. Can any senior member tell me that If I go for Judicial Review and take following stance

It is established fact that the Home Office's changes were unlawful and that is why they counted the time spent outside UK towards qualifying period for ILR-
It is also a fact that the Naturalization policies are about to change
The earliest time for me to apply for naturalization is now and it would have been successful provided I had spent time in question in UK. I stisfy all the standard conditions except excess absences. I have passed the Life in UK test as well.
Now say after 3 years when I makeup the gap, I apply for naturalization and find that I can not satisfy the new conditions that HO might set.
Means I wont be able to qualify for nationality just becasue of HO's unlawful steps? or they will allow people like me to apply on same terms. Please note I can apply in Dec. 2014, and what I have learnt is that some where in 2013 is the last date to apply for nationality on present terms.

Regards

saqibmalik11 wrote:I came UK on 29th July 2006 on old HSMP scheme. I left the UK 3rd Feb. 2007, when home office introduced changes in the HSMP scheme. Later,High Court declared those changes unlawful and home office published its policy and counted the time spent outside uk towards settlement qualifying period. I was reinducted in the programme on 14th November 2009 and I came back in UK on 29th December 2009 and was granted ILR on 29th July2010.
Now the big gap of 1060 days ( 3rd Feb. 2007 till 29 Dec. 2009) was due to the unlawful act of home office and as a remedy this time was counted towards qualifying period for settlement.
Does it make any sense if the home office does not count the time for naturalisation which it counted for ILR?

Hi brother,
Could you please tell me wherer you applied for your ILR?
Thanks