Delay in ILR application - HSMP JR

Kotiara · Post by **Kotiara** » Tue Aug 11, 2009 9:55 pm

I have an HSMP visa and qualify to apply for ILR after 4 years of residence according to HSMP Judicial Review (4-5 years). My current HSMP residence permit expires after 5 years of residence in the UK. Can I apply for ILR during my 5th year of residence? If so, will I be able to apply for citizenship after 5 years of residence anyway or will i have to wait 1 year from the point when i get ILR?

vinny · Post by **vinny** » Wed Aug 12, 2009 1:34 am

Are you affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009 (settlement in the United Kingdom)?

Kotiara · Post by **Kotiara** » Wed Aug 12, 2009 6:35 am

vinny wrote:Are you affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009 (settlement in the United Kingdom)?

Thanks for the link. I know that i am affected by the JR, but I haven't found answers to my questions on the web site.

http://www.ukba.homeoffice.gov.uk/worki ... our-years/ - there is no information here regarding applying after 4 years of residence for those who haven't yet spent four years in the counrty AND qualify under JR.

vinny · Post by **vinny** » Wed Aug 12, 2009 8:21 am

Kotiara wrote:I have an HSMP visa and qualify to apply for ILR after 4 years of residence according to HSMP Judicial Review (4-5 years). My current HSMP residence permit expires after 5 years of residence in the UK. Can I apply for ILR during my 5th year of residence? If so, will I be able to apply for citizenship after 5 years of residence anyway or will i have to wait 1 year from the point when i get ILR?

If you are in your 5th year of residence, then you should have completed 4 years of continuous residence.

HSMP Forum judicial review (settlement in the United Kingdom) wrote:Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category

You fall into this group if:

* you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements;
* you then successfully applied to extend your stay by a further three years; and
* you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom, but you have not yet reached the point of applying for settlement.

Moreover,

Migrants who will soon have completed four years' continuous residence in the United Kingdom in a qualifying category wrote:When you have completed four years' continuous residence, you will be able to apply for settlement using the SET(O) application form.

However,

Kotiara wrote:there is no information here regarding applying after 4 years of residence for those who haven't yet spent four years in the counrty AND qualify under JR.

if you haven't spent 4 years of continuous residence in the UK, then you would not qualify yet.

Kotiara · Post by **Kotiara** » Wed Aug 12, 2009 6:31 pm

vinny wrote:
if you haven't spent 4 years of continuous residence in the UK, then you would not qualify yet.

Sorry, i didn't make myself clear. I didn't find answers to the following questions:

If i wait until 4 years of residency, but then wait a few more months before I apply for ILR, will i be granted ILR given that my temporary visa will still be valid at the time of application? If so, will i be able to apply for citizenship after 5 years of residency even if i apply for ILR after 4.5 years, for example?

global gypsy · Post by **global gypsy** » Wed Aug 12, 2009 7:16 pm

Kotiara - the short answer to your question is: Yes

However, the devil may be in the details...

To take my own example: my clock started Jan 2005, which means I would have been eligible to apply under JR ruling by Jan 2009. However at that time I was not eligible because the JR hadn't come into effect. I applied for ILR this July, and my ILR was granted with effect from Jan 2009.

In your case, now that the JR ruling is known, if you waited too late, they could question why you didn't apply when you were eligible. Suggest you consult with a lawyer on this, unless someone here can provide you definitive advice.

f2k · Post by **f2k** » Wed Aug 12, 2009 7:59 pm

Kotiara wrote:
vinny wrote:
if you haven't spent 4 years of continuous residence in the UK, then you would not qualify yet.
Sorry, i didn't make myself clear. I didn't find answers to the following questions:

If i wait until 4 years of residency, but then wait a few more months before I apply for ILR, will i be granted ILR given that my temporary visa will still be valid at the time of application? If so, will i be able to apply for citizenship after 5 years of residency even if i apply for ILR after 4.5 years, for example?

It all depends if they give the magic letter backdating your ILR. As global gypsey said you may not get it as they might ask why you didnt apply straight away. The revised application procedure has been around for almost 3 months now and i think at some point sooner rather than later the HO is going to stop issuing the backdated letters as most pple have had a chance to apply now.

When are you due to reach the 4 year mark and is there any reason why you wont apply straight away

bani · Post by **bani** » Wed Aug 12, 2009 8:14 pm

In answer to the other part of your question, yes you can apply for ILR even though your temporary visa (Tier 1) is still valid. So do apply when you reach 4 years, don't wait a few more months -- f2k and globalgypsy have already explained why.

hert · Post by **hert** » Mon Aug 17, 2009 9:41 am

vinny wrote:
if you haven't spent 4 years of continuous residence in the UK, then you would not qualify yet.

Am bit confused- Does it mean if someone entered in UK on 1st Sept-05 under HSMP can not apply for ILR before Sept-09 (HSMP JR)? I though one can apply 28 days before completion of 4yrs- in Aug-09 as in this case. Please correct me if I'm wrong.

vinny · Post by **vinny** » Mon Aug 17, 2009 10:21 am

Applying for settlement in the United Kingdom wrote:You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

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Delay in ILR application - HSMP JR

Delay in ILR application - HSMP JR

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