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News » UK Border Agency have implemented HSMP Forum Ltd's 4 to 5 years Indefinite Leave to Remain (ILR) Judicial Review
Background: Prior to 3 April 2006 the continuous residence requirement for ILR under the Highly Skilled Migrant Programme (HSMP) was four years. This requirement was increased to five years on 3 April 2006. The HSMP Forum Ltd brought a Judicial Review on the grounds that those who entered onto the HSMP before the qualifying period for ILR was increased should be eligible to apply for ILR after four years on the scheme. The judge ruled the case in favour of the HSMP Forum.
On the 20th May 2009, UK Border Agency have implemented the HSMP Forum Ltd's ILR Judicial Review formally. As per the policy document, You are covered by the judgment if we sent you a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of an application made before 3 April 2006, and you obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain' or LtR) on the basis of that letter.
Migrants covered by the judgment fall into a number of groups, depending on their circumstances.
- Migrants who have already settled in the United Kingdom under the HSMP or Tier 1 (General) on the basis of having completed five years continuous residence in a qualifying category
- Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category
- Migrants who will soon have completed four years' continuous residence in the United Kingdom in a qualifying category
- Migrants who applied for settlement after four years and had their application refused
- Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category and have applied to extend their stay
