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Hi,

I first applied HSMP before 3 April 2006, but got approval letter later than that. I presume I still belong to HSMP ILR judicial review category, right?

Thanks,
Derek

Yes! ILR in 4 years.

regards

I thought if you have received approval letter after 5/04/2006, you cannot apply after 4 years but 5 years for ILR. Please let me know if I am wrong.

GETMEIN wrote:I thought if you have received approval letter after 5/04/2006, you cannot apply after 4 years but 5 years for ILR. Please let me know if I am wrong.

It is about the date that you applied. So those who applied before before April 06 (not sure the exact date) are eligible under 4years even if approval was received much later

Yes, you qualify for ILR in four years. But you need proof that your application was sent before 3/4/06.

bani wrote:Yes, you qualify for ILR in four years. But you need proof that your application was sent before 3/4/06.

That's not easy, but the good thing is that I once asked for application status back to the March of 2006 through email, and they replied. So I think I can print that as proof.

derekldn wrote: That's not easy, but the good thing is that I once asked for application status back to the March of 2006 through email, and they replied. So I think I can print that as proof.

Do you have an acknowledgment letter that they received your application? Or your bank statement or credit card statement saying they charged the application fee at a particular date?

The email is good, just wondering if it will be sufficient.

f2k wrote:So those who applied before before April 06 (not sure the exact date) are eligible under 4years even if approval was received much later

03-Apr-06.

regards

bani wrote:

derekldn wrote: That's not easy, but the good thing is that I once asked for application status back to the March of 2006 through email, and they replied. So I think I can print that as proof.

Do you have an acknowledgment letter that they received your application? Or your bank statement or credit card statement saying they charged the application fee at a particular date?

The email is good, just wondering if it will be sufficient.

Did they send acknowledgement letter? I don't think I have kept bank statements for 4 years. I hope they can check the application history in their system.

This is might be a very stupid question, my apology.
How is the HSMP differ from prior to Nov 2006 and after? Because I applied after november 2006 and still got my passport labelled as "HSMP".
Is this means that HSMP prior to Nov 2006 qualify to apply ILR under 5 years rule (and before april 2006 is under 4 year rule), but there is no guarantee that I will be qualified even after 5 years?

jessica_halida wrote:This is might be a very stupid question, my apology.
How is the HSMP differ from prior to Nov 2006 and after? Because I applied after november 2006 and still got my passport labelled as "HSMP".
Is this means that HSMP prior to Nov 2006 qualify to apply ILR under 5 years rule (and before april 2006 is under 4 year rule), but there is no guarantee that I will be qualified even after 5 years?

hi jessica, UKBA changed the rules on HSMP twice -- once in April 2006 and again in Nov 2006. That is why there are differences in qualifying time for ILR.

And yes, sorry, there is no guarantee for you to get ILR after 5 years. In fact, with the new immigration rules next year, you will have to go through probationary citizenship.

That's what I really keen to know, because at the moment I only know this. The only thing I know about probationary citizenship in July 2011 is this :

http://www.bia.homeoffice.gov.uk/siteco ... nts-earned

"The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.

Am I included on this exception or not, probably only time will tell.

jessica_halida wrote:That's what I really keen to know, because at the moment I only know this. The only thing I know about probationary citizenship in July 2011 is this :

http://www.bia.homeoffice.gov.uk/siteco ... nts-earned

"The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.

Am I included on this exception or not, probably only time will tell.

I'm afraid not. In Nov 2006, they reworded the HSMP guidelines so that new applicants have no legitimate expectation of when they would get ILR. Legally covering themselves after all the protests and court cases about the changes in rules.

I see,
I don't understand why don't they called it a different name after november 2006.
Having so many flavour of HSMP is confusing. Everytime I read something with the word HSMP, I always wonder, "is that including me?".

I'm afraid not. In Nov 2006, they reworded the HSMP guidelines so that new applicants have no legitimate expectation of when they would get ILR. Legally covering themselves after all the protests and court cases about the changes in rules.

I am afraid, I think slight differently (On basis of Home Office quotes and HSMP JR). Just as people who can apply even if they submitted prior to Apr 2006 and if someone has applied prior to Nov 2006, they still qualify for the HSMP JR. It's clear from the JR which mentions approval on basis prior to Apr 2006 & Nov 2006. Hence I think Jessica and others in the same category do qualify for 5 years ILR.

Cheers

GETMEIN wrote:

I'm afraid not. In Nov 2006, they reworded the HSMP guidelines so that new applicants have no legitimate expectation of when they would get ILR. Legally covering themselves after all the protests and court cases about the changes in rules.

I am afraid, I think slight differently (On basis of Home Office quotes and HSMP JR). Just as people who can apply even if they submitted prior to Apr 2006 and if someone has applied prior to Nov 2006, they still qualify for the HSMP JR. It's clear from the JR which mentions approval on basis prior to Apr 2006 & Nov 2006. Hence I think Jessica and others in the same category do qualify for 5 years ILR.

Cheers

if you read jessica's first post carefully, she applied after Nov 2006 so she's in a different category.

In conclusion, there is 3 types of HSMP holder. Am I right?

1. Prior to April 2006 (4 years ILR)
2. Between April-Nov 2006 (5 years ILR)
3. After Nov 2006 (not guarantee to have 5 years ILR if probationary citizenship come to the picture).

jessica_halida wrote:In conclusion, there is 3 types of HSMP holder. Am I right?

1. Prior to April 2006 (4 years ILR)
2. Between April-Nov 2006 (5 years ILR)
3. After Nov 2006 (not guarantee to have 5 years ILR if probationary citizenship come to the picture).

I came here on WP in Nov 2006, will I qualify for 5 years ILR ?

In response to the OP query, I may add that:
The form used for application changed on 03/04/2006-Monday, so if you used the one dated 04/2005, this gives evidence of your applying prior to the change date, hence eligible for ILR in 4 yrs.
Best Regards