JR situation can be of 2 types:
1. if you sent initial HSMP application between Apr and Nov 2006, you have to do 5 years but dont have to do Life in the Uk Test.
see page: http://www.ukba.homeoffice.gov.uk/worki ... ter-remain
2. If you sent initial HSMP application BEFORE April 2006, then you have to do 4 years and dont have to do life in the Uk test.
see page: http://www.ukba.homeoffice.gov.uk/worki ... -review-09
jinkazama_11 wrote:Hi Surajbansurajban wrote:Hi jinkazama_11,
Please find the link for HIGHLY SKILLED MIGRANT UNDER THE TERMS OF HSMP ILR JUDICIAL REVIEW POLICY DOCUMNT
http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy
As we can clearly see in the point 4 in the introduction section (The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.)
With regards to above point we can select the option 2 from set(0) form.
Hope this clears the point.
Thank you for sharing the policy document. I am familiar with the policy document and as you mentioned paragraph 4 clearly accommodates the migrants came between Apr and Nov 2006.
But the guidance notes for FORM SET(O) states some thing else which is misleading. This is what geekhatri is confused about. Page 2, paragraph 2 of guidance notes for FORM SET(O).
"* If you applied successfully under the highly skilled
migrant programme (HSMP) before 3 April 2006, your application for indefinite leave to remain will be considered under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document"
This is misleading, link for guidance notes is http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf
The second issue is with the Section 9 (Documents) of form SET(O). option 9G is for normal HSMP holders and 9H is for HSMP holder who came before Apr 2006. Their is no other option for migrants came between apr - nov 06 and have to complete 5 years before applying for ILR. What would you suggest which section one have to complete 9G or 9H? Its a bit confusing.