Congratulations, HSMP won ILR JR

[Mrs Khan]

Just check the HSMP website and am glad to announce that HSMP forum has won JR for ILR

[ran]

whoohoooo

[geriatrix]

Press Release

regards

[Ali_Sch]

Hi congrats all - great moment indeed

Now the question is what should the people do who already completed their 4 years - should we wait for home office to incoporate these changes[/b]

[rathnavadivel]

I am wondering what the criteria is for eligibility for this 4 year rule? The press release says “...it would be unlawful for the Secretary of State to withhold indefinite leave to remain from all those members of the HSMP who were already on the scheme before the 3 April 2006...".

I applied for my HSMP (when I was in UK on work permit) in early March 2006 (old rules) but got my VISA stamped only on Apr 20 2006. Not sure if I qualify under this scheme.

[geriatrix]

Judgment Transcript

regards

[hsmp2010]

this is disoppinting for us who got extension under JR but cant get ILR after 4 years as we are granted hsmp approval after apr,06.

[bani]

this is disoppinting for us who got extension under JR but cant get ILR after 4 years as we are granted hsmp approval after apr,06.

nothing you can do about that, it's just about timing. some of us have already paid for Tier 1 extension and are approaching (or have gone past) 5 years already. but it is still a great victory.

[jazzmann]

This is great news that HSMP 4 year rule is backed up by the court to implement back.

Does this mean those people who were on HSMP earlier and were eligible for ILR( indefinite) a few months ago will now get a back dated ILR or will the HO/Border Agency shorten the period as an exception to those who get a delayer ILR when they apply for British citizenship?

[bani]

This is great news that HSMP 4 year rule is backed up by the court to implement back.

Does this mean those people who were on HSMP earlier and were eligible for ILR( indefinite) a few months ago will now get a back dated ILR or will the HO/Border Agency shorten the period as an exception to those who get a delayer ILR when they apply for British citizenship?

Not sure how they will implement it. I am on the same boat.

It is a great victory for all even if you are not pre-April 2006. I don't think the HO will again dare to push retrospective laws, and this gives all Tier 1 migrants more security from now on.

[republique]

This is great news that HSMP 4 year rule is backed up by the court to implement back.

Does this mean those people who were on HSMP earlier and were eligible for ILR( indefinite) a few months ago will now get a back dated ILR or will the HO/Border Agency shorten the period as an exception to those who get a delayer ILR when they apply for British citizenship?

It doesnt mean anything until the HO makes an annoucement that the will implement it.
Second, the HO still can appeal this ruling so there is nothing to celebrate yet.

[push]

Its a very positive step although its too early to celebrate. Lets wait for HO's reaction.

[tech]

This is an just extension of last year Judgement and there won't be appeal as there is nothing to argue. So this time around the judgement will be implemented fairly quickluy.

[bani]

I guess even if an appeal were allowed, the HO knows it's very hopeless. By extending this case an extra year the words "illegal", "abuse of power", "legitimate expectation", "human rights" have been thrown about even more. Now they have another JR judge and several AIT judges telling them they were wrong. Plus how many times has the HO's lawyer been called unconvincing in the judgement? It was a disastrous defeat. It would save them a lot of embarrassment if they just let this go, and quickly (I hope).

[Mrs Khan]

What about such case

HSMP approval prior to April 2006 but extension of 4 years granted under new rules (it was before HSMP won case regarding retrospective changes).

Will the home office revoke their 4 years extension & make it for three years?