Guidance Version 6.0 Valid from 09.08.07
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Point 68. To qualify for settlement in the UK you must have spent a continuous period of five years in the UK in a category leading to settlement
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Indefinite Leave to Remain
102. If you have been granted permission to stay in the United Kingdom as a Highly Skilled Migrant for a total of five years and wish to remain in the United Kingdom on a permanent basis you can apply at the end of the five-year period for permanent residence.
Regards,
Tipu
Smart22 wrote:Yes there is legitimate expectation for settlement but after how many years ??? Did it mentioned in guidence notes in post 7 Nov 2006 ?vc wrote:Had this been the case, HO would just defer the implementation to Nov 11 instead of july 11, I think anyone reading the guidance notes for hsmp issued after the changes in Nov 06 would also have legitimate expectation for settlement.
Smart22 wrote:On top on this I would like more.confusedhsmp wrote:...........................WAiting for 'push' to post now.......
EDIITED* SOrry, but I got a point to note here. What is the test of legitimate expectation? I think applicants who were asked to make UK their main home, like us HSMP'ian (post 2006), had this and hence clearance from HO.
But what i can clearly gather from the statement is that Tier1 and or workpermit holders may not given the same treatment.
HO has not given up..It covers HSMPians till 7 Nov 2006.After this whoever received HSMP they might not be covered becasue there is reason for that.If somebody applied for HSMP after 7 Nov 2006 at that time HO never promised PR in the HSMP scheme.Only HO had made promises to the HSMPians who got their approval before 7 Nov 2006.
Even the HSMPian after implimentation of new bill (After July 2011) would get PR but still they have to face New citizenship law.Because they are going to apply after implimentation of new law.As per new law you must have ILR to get 2 year benefit where u can apply under old rule.
Does it make sence???
If HO has said 5 years or 6 year or ... then yes every HSMPian has legitimate right to settle after promised period during the time when your first HSMP has been approved.