ILR and BIA response toHSMP

[RSARD]

Hi

Now that BIA has decided not to challenge the ruling for HSMP does it mean that ILR shall also be issued after 4 years to old HSMP people as the judge had said that the scheme should be applied in totality.

Thanks

[ddjj1978]

How about for work permit holders?

[bani]

Hi

Now that BIA has decided not to challenge the ruling for HSMP does it mean that ILR shall also be issued after 4 years to old HSMP people as the judge had said that the scheme should be applied in totality.

Thanks

This is being discussed a lot at the HSMP-specific forum. So you should check there.

It doesn't mean that the 4 year ILR will be reinstated, but the group that won the judicial review is also challenging that specific rule change.

WP holders are a different group so this particular judgement does not help them.

[goldfish]

i think there was a judicial review of the 4-to-5 year change for work permit holders last year and they lost

[centennial]

Last year ILR fight was for work permit holders only not for HSMPians.
HSMP forum is considering appeal against it incase govt doesnt implement it.

regards,

[goldfish]

Last year ILR fight was for work permit holders only not for HSMPians.
HSMP forum is considering appeal against it incase govt doesnt implement it.

regards,

yes exactly, so work permit holders have to wait 5 years for ILR, after the JR last year.

for HSMPs it is still tbc for those pre Nov 2006.

[peter786]

you mean pre 2006 hsmpians can apply for ILR after 4 years???

[goldfish]

you mean pre 2006 hsmpians can apply for ILR after 4 years???

We don't know yet. One interpretation of the judge's comments would suggest we can apply after 4 years. However, the 4-5 year change wasn't the question being decided, so we may be over-interpreting surrounding comments. I think there is another review planned to clarify the 4-5 year question for pre-2006 HSMPs, but not sure of the details.

[sesseda]

Do you know whether Home Office is ever going to consider to change the ILR qualifying period from 5 to 4 years for pre-2006 HSMP holders? I have just called the immigration enquiry line and have been informed that it is still being applied retrospectively. Is there process that we can kick off as individuals by writing, etc?

you mean pre 2006 hsmpians can apply for ILR after 4 years???

We don't know yet. One interpretation of the judge's comments would suggest we can apply after 4 years. However, the 4-5 year change wasn't the question being decided, so we may be over-interpreting surrounding comments. I think there is another review planned to clarify the 4-5 year question for pre-2006 HSMPs, but not sure of the details.