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HSMP holders: reminder that you might qualify for settlement after 4 years

24 March 2010

We wish to advise our readers that it is still possible to make an application for settlement in the United Kingdom pursuant to the arrangements which have been put into place for HSMP holders covered by the 6 April 2009 Judgement in the judicial review brought by the HSMP Forum Ltd and implemented in the “HSMP Indefinite Leave to Remain (ILR) Judicial review: policy document” published on 19 May 2009.

The High Court’s decision covered migrants who entered the scheme prior to the Rules change of 3 April 2006. Under paragraph 5 of the policy document, the requirements for ILR for a person qualifying for consideration under this policy document are:

a. The migrant has spent a continuous period of four years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant, and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of the Immigration Rules), leave as an Innovator (under paragraphs 210A to 210F of the Immigration Rules) or leave as a Tier 1 (General) migrant Migrants who make a successful ILR application will also be considered to have first obtained ILR from when they had completed four years qualifying residence.

Please note that applicants who qualify under this policy will not need to take the Life in the UK test. However, they will be able to apply after five years for nationality under section 6(1). At this point they will be able to show that they have passed the Life in the UK test and that they have complied with the residence requirement.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.