IMPLICATIONS OF JUDICIAL JUDGEMENT 6 THE APRIL 2009

I have quick question for every one,first I want to congratulate the team of the HSMP forum for there struggle and hats off for ther success.It will hopefully go a long way to decrease the agony being faced by the potential migrants.
Now my question is that the change to 5 to 4 years requirement for ILR have came so late for my as I have applied for my ILR exactly after 5 years otherwise I would have done before that now can it give me oppurtunity to apply for naturalisation if I get my ILR but have more than 5 years legal stay on work permit ,but not completing 1 year on indefinte leave.In hindsight I would hve applied for naturalisation had the law not being applied retrospectively.
I hope we would not need to go for any other judicial review.Please clarify on this point.

Drasif wrote:

I have quick question for every one,first I want to congratulate the team of the HSMP forum for there struggle and hats off for ther success.It will hopefully go a long way to decrease the agony being faced by the potential migrants.
Now my question is that the change to 5 to 4 years requirement for ILR have came so late for my as I have applied for my ILR exactly after 5 years otherwise I would have done before that now can it give me oppurtunity to apply for naturalisation if I get my ILR but have more than 5 years legal stay on work permit ,but not completing 1 year on indefinte leave.In hindsight I would hve applied for naturalisation had the law not being applied retrospectively.
I hope we would not need to go for any other judicial review.Please clarify on this point.

Since you have applied and get your ILR before this judgment, in order to avoid any complication or rejection if you get to apply now for naturalization, I will advice that you wait for a full one year to fulfil the naturalization criteria.

You may also decide to wait for the home office to come up with their own application of the judgement of 6 April 2009. You may get a better idea on how to go about your naturalization then.

Any way I congratulate some of us that are just about to apply for our ILR, who had already accepted the fact that we may have to wait for 5 yrs instead of 4yrs.

CONGRATS!!!

iyanu wrote:Since you have applied and get your ILR before this judgment, in order to avoid any complication or rejection if you get to apply now for naturalization, I will advice that you wait for a full one year to fulfil the naturalization criteria.

I agree, that is probably the safer way, and there is little that can go wrong.

It would be different if you had applied for ILR before and the application had been refused - in that case you could probably challenge the refusal retroactively.

Irrespective of the court ruling, anyone applying for naturalisation should be free of immigration control (i.e. on ILR) atleast for a year before applying.
The recent court ruling I think do not have any bearing on the above clause for naturalisation, which still holds true for any naturalisation application.

dnicky wrote:Irrespective of the court ruling, anyone applying for naturalisation should be free of immigration control (i.e. on ILR) atleast for a year before applying.
The recent court ruling I think do not have any bearing on the above clause for naturalisation, which still holds true for any naturalisation application.

unless ILR can be back dated