HSMP to spouse visa. ILR?

[rakushka]

Hello!

I'd appreciate your reply on my query please.

I got HSMP visa in March 2005 for 1 year , in March 2006 extended for further 3 years until March 2009 (1+3 case). In July 2007 got married to a british national and got spouse visa in September 2007.
Are there any chances I can apply for ILR now and not to wait September, knowing that they might introduce probation stupidity? Any chances I can use JR 1+3 case, which HO lost?

thank you!

[bani]

You are no longer on HSMP (don't fulfill the criteria for four years continuous stay on HSMP) and cannot benefit from this judgement. You can argue you would never have switched if they didn't change the rules, but I have a feeling that would not work, and is it really worth the tedious arguing to save another six months? The appeals might take that long.

I'm surprised you switched (and gave up an independent visa) to save 6 months in the first place. I admire it because that is absolute proof of faith in your marriage.

As for the probationary bill, it hasn't passed yet and there is already opposition to applying it retrospectively. I think you'll be OK. Good luck.

[rakushka]

Hi!

thanks for your reply.

I thought so as well, but wanted to make sure, if there any loop holes I can use to save 6 months.
Well, the marriage is genuine therefore I didn't have problems of switching, also, I asked a lawer and he said that because my status changed I had to change visa as well.
Nevermind, I'll wait 6 more months, the only thing, as I said, I don't like as many of us, is this probabation proposal. I understand that they haven't approved it yet, but knowing how fast HO can be in implementing disgusting things, I wanted to try to cover myself.


thanks.

[f2k]

Hello!

I'd appreciate your reply on my query please.

I got HSMP visa in March 2005 for 1 year , in March 2006 extended for further 3 years until March 2009 (1+3 case). In July 2007 got married to a british national and got spouse visa in September 2007.
Are there any chances I can apply for ILR now and not to wait September, knowing that they might introduce probation stupidity? Any chances I can use JR 1+3 case, which HO lost?

thank you!

I do not think you will benefit from this ruling as pointed out by Bani. Infact you really want to stay on the visa that you are on at the moment because you will get citizenship quicker than switching back to hsmp. The reason is you are due for ILR in September 09 (well you can apply in August 09 really), and because you on spouse visa all you have to show for naturalisation is that you have ILR and been resident in the country for at least 3years. So you can technically come from one of the PEO say Croydon, Liverpool and head straight to the NCS or post office to submit your application for citizenship