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ILR in 4 year or 5 year on HSMP?

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ahui9832
Newly Registered
Posts: 2
Joined: Fri Sep 22, 2006 7:04 am

ILR in 4 year or 5 year on HSMP?

Post by ahui9832 » Tue Sep 15, 2009 9:41 am

I got HSMP paper in Aug 2005,and came in UK in Feb 2006. When I applied for extension in Feb 2007, the home office refused my HSMP extendtion and gave me one and half years work permit since the changes rule in Nov 2006.And my visa had switched back Tier 1 (HSMP) in Sept 2008 since the rule changed again.
Now due to UK Border Agency have implemented HSMP Forum Ltd's 4 to 5 years Indefinite Leave to Remain (ILR) Judicial Review,I do not know I need settle in UK for 4 year or 5 year to gain PR.

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Re: ILR in 4 year or 5 year on HSMP?

Post by nksg » Tue Sep 15, 2009 10:44 am

Your case is unique.. but since your initial HSMP was issued before April 06, i think you should come under 4 years JR.

BTW, what was the reason for the rejection of extn... and this WP.. To what i am aware when HO changed the rules in Nov 06 it said that any one moving from HSMP to WP will loose the time spent on HSMP for the ILR threshold.. but they did withraw this ruling in Jan 2008. I think you should consult a solicitor atleast for once....
ahui9832 wrote:I got HSMP paper in Aug 2005,and came in UK in Feb 2006. When I applied for extension in Feb 2007, the home office refused my HSMP extendtion and gave me one and half years work permit since the changes rule in Nov 2006.And my visa had switched back Tier 1 (HSMP) in Sept 2008 since the rule changed again.
Now due to UK Border Agency have implemented HSMP Forum Ltd's 4 to 5 years Indefinite Leave to Remain (ILR) Judicial Review,I do not know I need settle in UK for 4 year or 5 year to gain PR.

SKUK
Member of Standing
Posts: 252
Joined: Sun Dec 16, 2007 3:59 pm

Post by SKUK » Tue Sep 15, 2009 11:00 am

BTW, what was the reason for the rejection of extn... and this WP..
There was a provision for old HSMP applicants (applied prior to Apr 2006) to change to WP if they did not qualify under the then new HSMP rules which came into effect in December 2006.

To the OP, I am pretty sure you can apply for ILR in Jan/Feb 2010 (28 days prior to 4 years of completion of legal stay in UK) subject to you passing conditions like absences and being economically active etc.

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