HSMP JR 5 yr rule

[gidoc]

Hi all,
Can someone please clarify this for me re 5 yr HSMP rule for ILR
JR applying to those having HSMP approval between Apr -Nov 2006(The migrant applied to enter onto the HSMP between 03 April 2006, and 7 November 2006 and was successful in that application)

The migrant has spent a continuous period of five years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant, and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder , leave as an Innovator or leave as a Tier 1 (General) migrant.
For some of us last leave cannot be HSMP as we were made to switch to Tier 1

So I have 1 yr WP Apr 2005-6 + 2 Yr HSMP June 2006-08 + 3 yr Tier 1 2008-11

I complete 5 yr in Apr 2010, does JR apply to me and I dont need to take Life in UK test? My last leave to remain is Tier 1 and not HSMP!

Please advise

best regards

[geriatrix]

If your application for HSMP approval was submitted before 07-Nov-06, you are covered by the JR (extension of stay) 2008. You (and dependents, if any) do not have to pass the KOL/Life in the UK test for your ILR application.

I believe all HSMP migrants who applied for FLR after Tier 1 (general) was introduced have the Tier 1 (General) migrant stamp in their passports. And this shouldn't be an issue!

I applied for extension in May 2008 using Tier 1 form (before FLR Tier 1 (HSMP) form was notified by UKBA) and have Tier 1 (General) stamp. My spouse, who applied for extension in Jan 2009 using FLR Tier 1 (HSMP) form also has Tier 1 (General) migrant stamp in the passport. I am also aware that dependent(s) of an HSMP migrant who applied for EC as recently as last week (using VAF2 form and paying the much lower HSMP dependent fee) have been stamped with the Tier 1 (General) dependent vignette in their passports.


regards

[wpleo]

What did the JR say about those who got on HSMP between 3rd April - 7th Nov 2006? I thought JR was only for those who applied before 3rd April 06 which means they only needed 4 years to be eligible to apply for ILR.
Does this only concern the LIUK test, which those group are exempted from? Can someone kindly explain?

[gidoc]

Two points apply to this category
1. No life in Uk test required for ILR
2.Status of dependents follows that of the main applicant
5 yr ILR rule still applies.

Best regards

[geriatrix]

What did the JR say about those who got on HSMP between 3rd April - 7th Nov 2006? I thought JR was only for those who applied before 3rd April 06 which means they only needed 4 years to be eligible to apply for ILR.
Does this only concern the LIUK test, which those group are exempted from? Can someone kindly explain?

See HSMP Forum judicial review (extension of stay) and HSMP Forum judicial review (settlement in the United Kingdom).

regards

[wpleo]

Thanks for replies.

So LIUK test is not essential when applying for ILR in this case, however might still make sense to get the test done and over with as I reckon it will be needed for citizenship.

[Markie]

yup...LIUK needed when you apply for citizenship.

Thanks for replies.

So LIUK test is not essential when applying for ILR in this case, however might still make sense to get the test done and over with as I reckon it will be needed for citizenship.