Retro application of HSMP requirement of 5 years before ILR

[saurya_s]

HI guys,
I was wondering there is a hearing pending for this and I was wondering if the court declares is unlawful, will I be able to apply for ILR if I have been on work permit from 2002-2006 but switched to student visa later.
Many thanks
S

[bani]

HI guys,
I was wondering there is a hearing pending for this and I was wondering if the court declares is unlawful, will I be able to apply for ILR if I have been on work permit from 2002-2006 but switched to student visa later.
Many thanks
S

The ILR JR is specific to HSMP. Unfortunately, you were not an HSMP visa holder prior to April 2006 (when the rule changed) so it won't apply to you. Your only hope is if VBSI revives their 4-to-5 year ILR challenge (or someone else does) for WP holders. It might happen if the HSMP hearing is successful. But it will be a long wait. Good luck.