18-07-2009, 12:53 PM
The HSMP Forum Ltd brought a judicial review against the Home Secretary on the basis that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years, should be eligible for ILR after four years on the scheme. The judge found in favour of the HSMP Forum on this point, in April this year.
The UK Government has now announced that migrants who are covered by this judicial review - those who have received their HSMP approval letter before 3 April 2006 - and who have completed at least four years' continuous residence in the UK in a qualifying category, can now apply for settlement in the UK. Migrants covered by this judicial review will also not need to meet the 'knowledge of language and life in the UK' requirement, as this was not part of the settlement requirements when they first applied under the HSMP.
If the application for settlement is successful, migrants will receive a one-off payment to cover the cost of the second HSMP extension application, which would not have otherwise been required. In addition, if the application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the UK from the point when you first completed four years' qualifying residence.
http://www.breytenbachs.com/news.asp
The UK Government has now announced that migrants who are covered by this judicial review - those who have received their HSMP approval letter before 3 April 2006 - and who have completed at least four years' continuous residence in the UK in a qualifying category, can now apply for settlement in the UK. Migrants covered by this judicial review will also not need to meet the 'knowledge of language and life in the UK' requirement, as this was not part of the settlement requirements when they first applied under the HSMP.
If the application for settlement is successful, migrants will receive a one-off payment to cover the cost of the second HSMP extension application, which would not have otherwise been required. In addition, if the application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the UK from the point when you first completed four years' qualifying residence.
http://www.breytenbachs.com/news.asp