4yrs to 5 yrs HSMP Rule JR Judgement on 6th April

[tech]

The HSMP Guidance doesn't talk about citizenship. The path to settlement comes from various categories which according to current rules varies shortest being 2 years (Marriage) to 14 years (long residency). But from settlement to citizenship it is 1 year period. Hence it is unlikely you will be able to claim that period back and use it as qualifying period towards Citizenship. But what is proposed, you don't have to prove anything for the period. like economic activity for the extra year. Say for instance your are in your 5th year and lost your job, you will still get ILR because you have already qualified and passed the test when you have applied for extension. The supporting documentation will be minimal.
Hope this helps.

[Sekkappan]

I think since the case ruling is based on the initial promise, your partner was promised prior to April and you can claim he applied basing on this promise and I think even though he got his passport stamped later hsi application for HSMP is what counts and if he had applied for hsmp within the date mentioned he must stand to benefit - I think.

[Edelweiss]

I have just sent in my documents for my second extension and paid my £750. I wonder if I will have to wait for my passport to come back and then re-apply for the ILR, or if they will just change the visa to ILR. It will be very interesting. I would hate to have to pay another visa fee now.

[supercreature]

Hi Edelweiss,

Let us know the outcome of your application. I feel you will get the FLR instead of ILR until Home office will publish new forms and invite people again to apply for ILR. Ofcourse based on the reactions of home office I feel Home office will adjust the 750£ towards the ILR fee. I also feel Home office will exempt the Life in UK test.

What I am not sure if home office will put backdated stamps ILR visa's for those who already had 4+ year period.

I am also optimistic to avoid another case against retro changes, House of lords which is already considering these JRs will not make any retro changes for those who will get ILR based on this JR or for those who already hold ILR. I am optimistic that they can apply for naturalisation after 1 year as the current rule is to person get eligible after 1 year. I think you will still have to give the Life in UK test for naturalisation.

[Edelweiss]

I will let you know the outcome of my application. I think I may have to send in the application a second time. But I don't even mind that. I don't mind having to do the Life in the UK test. I am just so happy to be able to bring the end to this drama a little nearer. I was worried about the new citizenship rules, but now, if I already have ILR, it will be a lot less likely to affect me. I am just really happy!

[Spartac]

Has anyone applied, or planning to apply under the old ILR rules?

I contacted the Home Office to ask them about the implementation of the recent judgement, not much of a reply:

Thank you for your Email.

Following the Judicial Review judgment of 6 April, UK Border Agency (UKBA) are currently looking at how it will give effect to the judgment. Policy will be published on our website www.ukba.homeoffice.gsi.gov.uk as it becomes available.

I am sorry that I cannot provide further information at this stage.

Regards

[sandip32p]

I am living in the UK since 7 years. In Dec'2005 my WP approved and stamped on passport same month. After that I applied for HSMP in Feb'06 and I received my HSMP approval letter on 21March06 and then applied for FLR(IED) and I got passort stamped with 07april06 with 1 year visa. When I applied for extension HO gave me 4 years visa and mention in the letter that ILR is now 5 year instead of 4 years. Recently HSMP forum won the case for ILR after 4 years of HSMP stay. I have 2 questions:-

1) I am eligible ILR after 4 years of HSMP stay because is for HSMP holder before 03april06. However, I have approval with 21March06 and visa for 1 year stamped with 07arpil06.

2) If answer is yes, will my 4 months of WP will count for ILR.

Thanks,
Sandip

[supercreature]

Sandip,
Your WP will count toward the ILR period. secondly, right now you have to go through 5 years ILR rule until home office will implement the new rules under JR Rule. They probably will publish new forms for this JR.

[Papafaith]

Do you think HO will give a refund to those who had to pay for the extra year...

I think HO may drag its feet to such a date when all the eligible people would have reached their 5 years!

But the ruling does set a precedence vis a vis the earned citizenship stuff - no more retrospective application of rules!

Where is Papafaith - I assume you are laughing all the way to Croydon

Yes Papafaith should be jumping up and down. It has been a struggle but thanks to those who have kept the faith.


with regards to fees
80. It was made clear during the hearing, as I have already stated, that the Secretary of State accepts that it is necessary to deal with the individuals who were members of the scheme before April 2006. She accepts too that no individuals should be disadvantaged in relation to being removed from the UK and in relation to being asked to pay an additional fee. However, in my judgment, the proposed policy referred to in the letter of 19 February 2009 does not go far enough, for the reasons I have given.

81. My provisional view is that the Claimant is entitled to the relief sought, but I shall invite submissions from counsel as to the appropriate relief in this case before deciding on the form of the Order.

F2k, Chess, i am indeed jumping up and down. Am ready with my apps, as soon as HO publish the new policy doc i will apply. Then i n July when i complete 5yrs i will go for naturalization and ask HO to use their discretion to wave the 12 month i was suppose to wait, which was their problem anyway. This was a long drawn war. An i thank God we won.