ILR effect on HSMP approved on old rules

Immigrant06 · Post by **Immigrant06** » Mon Sep 14, 2009 5:13 pm

Dear all

I applied on 13th October 2006 and got HSMP on Dec 2006 as per old rules (before new point based system).

Am I eligible to to get the ILR after 5 years?

Is the new bill commencing from summer 2011 is also about me?

Best regards

Immigrant06 · Post by **Immigrant06** » Wed Sep 16, 2009 3:19 pm

Hello all

Does any body know the situation?

hsmpengineer · Post by **hsmpengineer** » Tue Sep 22, 2009 11:54 am

im afraid as it stands if you havent got ILR by July 2011 then yes i think the new rule will affect you... I've been in this country since jul 2004...

jul 2004 - feb2006 student visa, march2006 - feb2007 segs, march2007-feb2009 hsmp, april2009 till date tier 1.... and it affects me too!!!! :-( not good!

Immigrant06 · Post by **Immigrant06** » Thu Oct 01, 2009 6:55 pm

But then what's meant by following quote on UKBA website

http://bia.homeoffice.gov.uk/siteconten ... ea=Working

"The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.
"

crowbar6 · Post by **crowbar6** » Fri Oct 02, 2009 7:57 am

Immigrant06 wrote:But then what's meant by following quote on UKBA website

http://bia.homeoffice.gov.uk/siteconten ... ea=Working

"The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.
"

Your case will be considered under the conditions applicable when you were granted the visa. So don't worry and you will not be affected by the changes. Moreover, please check if you are covered by the HSMP Forum Ltd Judicial Review judgement - if you are eligible, then you will get ILR in 4 years intead of 5.

dr_raihan29 · Post by **dr_raihan29** » Fri Oct 02, 2009 11:05 am

hi there.........I am also in the same boat got approval under old hsmp 0ct 06.......changed in country from PFT to HSMP nov 06 First extension under JR(did not need points for extension) nov 08. I was so confused and anxious I called up home office and they said that its "very clear"(???!!??) on their website that all HSMPs(NOT TIER 1) are covered and we shall get ILR as per old rule even if our ILR due after july 11, more over as we shall have ILR which will be PR in the new sense we WONT need to go through probational stage and all those crap and asked me to see the new citizenship flowchart which has PR AFTER probational period(after probation u can either apply for pr or for citizenship) so he in a sense by getting ILR we are actually skipping that stage and can get natuaralised after one yr of PR. this is such a big big relief for me I cant tell you guys I had been troubled with this for many months now and now I am relieved!. the only thing is I dont qualify for 4 yr JR and have to go through 5 yrs in total and apart from that no difference between april 06 hsmp and oct 06 hsmp.
thanks for all your help guys

dr_raihan29 · Post by **dr_raihan29** » Fri Oct 02, 2009 3:44 pm

oh sorry guys forgot about one thing.........that guy from home office also said that all HSMPs who are covered for ILR and naturalization under old rule would be sent a letter by post "soon enough(??!!)" to inform them about a tentative date for qualifying for ILR, when I asked that in my last hsmp JR extension letter there was a date like that he said they are again going to send and also asked me if I changed address or not. I think its very important that home office records for our CURRENT address are uptodate as you dont really want to miss any post from them! thanks again

Immigrant06 · Post by **Immigrant06** » Fri Oct 02, 2009 6:17 pm

Dear crowbar6

Thanks very much. It's now clear for me.

Thanks to dr_raihan29 for sharing his case and especially the information he got from home office.

Best regards

rizwan567 · Post by **rizwan567** » Fri Oct 02, 2009 6:50 pm

dr_raihan29 wrote:oh sorry guys forgot about one thing.........that guy from home office also said that all HSMPs who are covered for ILR and naturalization under old rule would be sent a letter by post "soon enough(??!!)" to inform them about a tentative date for qualifying for ILR, when I asked that in my last hsmp JR extension letter there was a date like that he said they are again going to send and also asked me if I changed address or not. I think its very important that home office records for our CURRENT address are uptodate as you dont really want to miss any post from them! thanks again

Dr_raihan, thanks for the useful info but (dont take me wrong) info provided over the phone line by members of UKBA is not reliable enough. We can not rely on the info provided over the phone. As it can not be used as an evidence in future applications. It can not be trusted. As I myself have had contradictory info from members of UKBA on the phone on different issues. Some of them may be temp workers, some of them may be not trained enough, some of them may be not competent enough to deal with ever changing guidances of UKBA

dr_raihan29 · Post by **dr_raihan29** » Fri Oct 02, 2009 7:08 pm

i know what you mean........but that guy seemed to know wht he was talking about............maybe when we get the letter by post it would be more confirmatory........but i still do feel tht things are nowhere as bad as wht it seemed initially for hsmps so yes still i am more relaxed!

satishbhawra43 · Post by **satishbhawra43** » Fri Oct 02, 2009 9:54 pm

Am I eligible to to get the ILR after 5 years?

Is the new bill commencing from summer 2011 is also about me?

Mrs Khan · Post by **Mrs Khan** » Sat Oct 03, 2009 5:31 pm

My friend who is a doctor got initial HSMP approval in 2005 got four years extension under Point Based system.
My question is in this scenario is he covered under Judicial Review or Not?

rizwan567 · Post by **rizwan567** » Sat Oct 03, 2009 9:51 pm

Mrs Khan wrote:My friend who is a doctor got initial HSMP approval in 2005 got four years extension under Point Based system.
My question is in this scenario is he covered under Judicial Review or Not?

yes, he is difinately covered. And is already due for ILR if he/she came in UK before 1 Nov 2009.

hsmp2010 · Post by **hsmp2010** » Sun Oct 04, 2009 7:06 pm

http://www.ukba.homeoffice.gov.uk/manag ... l-it-work/

This page explains how the Government's new earned citizenship system will work.
There will be three routes to citizenship:
Work - for highly skilled and skilled workers who are in the United Kingdom under Tiers 1 and 2 of the points-based system);
Family - for the family members of existing British citizens and permanent residents; and
Protection - for refugees and migrants who have been given humanitarian protection.
For all of these routes, there will be three clear stages which a migrant must complete.

So in bold letters one can clearly see that following rules are for Tier1 and Tier2 of points based system. and we are under scheme of HSMP not Tier 1 or Tier 2 so i am now 100% sure that we are safe enough.

pkumar · Post by **pkumar** » Sun Oct 04, 2009 7:55 pm

so what about people who came in as HSMP but got extention in Tier 1?

cheshiregoan · Post by **cheshiregoan** » Sun Oct 04, 2009 7:59 pm

pkumar wrote:so what about people who came in as HSMP but got extention in Tier 1?

I guess the legitimate expectation they will have is to get ILR 5 years after reaching the UK.

If you look at HSMP and Tier 1, most of the changes are cosmetic.

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ILR effect on HSMP approved on old rules

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