query about ILR JR

[ran]

Hiya All,

Firstly congratulations to all who have worked so hard for the JR's and to all the people who are going to have their lives made easier by this.

I have a strange question and would be grateful for any advice. I had my initial approval for HSMP before 2006 and as such should have been covered by the JR for ILR. But unfortunately I am not.

And my question is:
Can I still go by the normal route for ILR for a highly skilled migrant i.e. the 5 year route, even though my initial approval was before 2006? (The link to the HO guideline on the 5 year route to ILR for HSM is http://www.ukba.homeoffice.gov.uk/worki ... settlement)

I mean people who have got their initial approval before 2006 should be able to apply for ILR as a 'highly skilled migrant' or as a 'highly skilled migrant under ILR judicial review'. I didn't see any guideline on the HO website in contrary. As far as my understanding goes people whose initial approval was before april'2006 can in addition to the normal route take advantage of the ILR JR ruling, but it is not compulsory.
Any thoughts would be much appreciated.

My apologies for posting it in the forum for 'General UK immigration' too but I thought it was relevant in both forums.

Best Regards,
Ran

[ran]

hi,

any help or advice would be greatly apreciated.

regards,
ran

[larry]

Since you got approval letter before April 2006, why are you not qualified under ILR JR? You need to explain this to enable one advice you properly.

[ran]

Hi,

Thanks Larry for your reply. I should have put in all the background information in the first post itself! I am explaining e'thing in details below.

Immigraiton History:
I came to the UK in september 2002 on a student visa. In january 2004 I applied for a HSMP visa and in May 2004 I was granted one. BUt surprsisingly the visa was for 4 years and not the standard one year. I had called up the HO as well as consulted immigration solicitors on this at that time. I was adviced that the visa was valid and I should not worry about it. Also since the rules for ILR at that time only specified 4 years on an HSMP visa and not 1+3 they had adviced me that there shouldn't be problem with a future ILR application. In 2008 february I had applied for an EEA2 visa as under the new rules for extension for HSMP I was not satisfying the clauses. In october 2008 I was succsessful in my EEA2 application and I am currently on that visa.

In this context as per my understanding of the ILR JR guidelines on the HO website I am not falling in any of the categories. Firstly, because I had switched to a different immigration category. SEcondly, since all of the category guidelines specify the 1+3 format.

I have thought of the following plan of action based on my understanding of the guidance available on the HO website.
My plan was to re-instate my HSMP status as per the guidelines on the HO webiste under the JR for HSMP extension (April 2008). Here's a link to the page : http://www.ukba.homeoffice.gov.uk/worki ... ialreview/
I fall under categry four on this page. ALso you will find a link to the actual policy document at the lower part of this webpage. My case is covered under paragraphs 34 - 42. As per paragraph 40 in this document - if my HSMP status is re-instated the timeI have been on EEA2 visa will also be counted towards the HSMP qualifying period.
In that case as of now I have completed 5 years of continuous stay in UK unders HSMP rules. As such if my HSMP status is re-instated I would be able to apply for ILR under the current ILR rules of settlement for HSM.

But if I have to apply under ILR JR rules I don't qualify hence I had the query about whether people with initial approval before 2006 can apply under the normal 5 year rule.

I can easily stay on my EEA2 visa but then it would mean a long wait and besides I think it is only fair that I would be able to enjoy my original rights from HSMP.

Thanks for anyone who could help me. I am also in the process of consulting immigraiton solicitors.

Regards,
Ran