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ILR after 4 years

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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settler_wanabe
Newly Registered
Posts: 1
Joined: Fri May 09, 2008 2:46 pm

ILR after 4 years

Post by settler_wanabe » Tue May 27, 2008 3:40 pm

The official response from the Home Office is that the HSMP JR has no bearing the ILR dispute. It is only relevant to FLR (in their view).

Reading between the lines I get the feeling that they are not totally convinced themselves. IMHO.

I believe an application after 4 years for ILR should be successful if supported by:

1) the Joint Parliamentary report on the HSMP retrospective changes
2) the AIT case declaring unlawful the refusal of ILR after 4 years

Personally I have completed 4 years last month. Unfortunately I am going to need my passport this summer and cannot have it tied up in the application/appeal process. By the time I am ready to submit my application it is only going to be a few more months to the 5 years mark. Not much point in applying then :(

On the other hand, if rumors about ILR after 8 years are confirmed, it is going to be a different kettle of fish. :x

MORBULOUS_PRIME
Junior Member
Posts: 92
Joined: Tue Mar 11, 2008 1:09 pm

Re: ILR after 4 years

Post by MORBULOUS_PRIME » Tue May 27, 2008 4:09 pm

settler_wanabe wrote:The official response from the Home Office is that the HSMP JR has no bearing the ILR dispute. It is only relevant to FLR (in their view).

Reading between the lines I get the feeling that they are not totally convinced themselves. IMHO.

I believe an application after 4 years for ILR should be successful if supported by:

1) the Joint Parliamentary report on the HSMP retrospective changes
2) the AIT case declaring unlawful the refusal of ILR after 4 years

Personally I have completed 4 years last month. Unfortunately I am going to need my passport this summer and cannot have it tied up in the application/appeal process. By the time I am ready to submit my application it is only going to be a few more months to the 5 years mark. Not much point in applying then :(

On the other hand, if rumors about ILR after 8 years are confirmed, it is going to be a different kettle of fish. :x
I'm in the same boat as you. The only reason that I submitted for an "extension" is that this ILR issue still remains unresolved and my four years came up.

This is when I would love to have MONEY and POWER. Because I can tell you that it would have been A FULL COURT PRESS if I had it.

I have read and re-read the JR and AIT decisions numerous times. I really would like to hear what the judges think of the essential "non-application" of their ruling by these "higher-than-thou" bureaucrats. It's not up to them "to interpret" the rulings, THE ARE TO FOLLOW AND APPLY THEM.

The Judge in the JR was quite specific when he stated that there were "inter-locking" terms to HSMP settlement.... ILR after the promised four years comes to mind.

Geesh....
Last edited by MORBULOUS_PRIME on Tue May 27, 2008 8:43 pm, edited 1 time in total.

chakku71
Junior Member
Posts: 91
Joined: Thu May 15, 2008 2:24 am

Re: ILR after 4 years

Post by chakku71 » Tue May 27, 2008 8:33 pm

MORBULOUS_PRIME wrote:
settler_wanabe wrote:The official response from the Home Office is that the HSMP JR has no bearing the ILR dispute. It is only relevant to FLR (in their view).

Reading between the lines I get the feeling that they are not totally convinced themselves. IMHO.

I believe an application after 4 years for ILR should be successful if supported by:

1) the Joint Parliamentary report on the HSMP retrospective changes
2) the AIT case declaring unlawful the refusal of ILR after 4 years

Personally I have completed 4 years last month. Unfortunately I am going to need my passport this summer and cannot have it tied up in the application/appeal process. By the time I am ready to submit my application it is only going to be a few more months to the 5 years mark. Not much point in applying then :(

On the other hand, if rumors about ILR after 8 years are confirmed, it is going to be a different kettle of fish. :x
I'm in the same boat as you. The only reason that I submitted for an "extension" is that this ILR issue still remains unresolved and my fours years came up.

This is when I would love to have MONEY and POWER. Because I can tell you that it would have been A FULL COURT PRESS if I had it.

I have read and re-read the JR and AIT decisions numerous times. I really would like to hear what the judges think of the essential "non-application" of their ruling by these "higher-than-thou" bureaucrats. It's not up to them "to interpret" the rulings, THE ARE TO FOLLOW AND APPLY THEM.

The Judge in the JR was quite specific when he stated that there were "inter-locking" terms to HSMP settlement.... ILR after the promised four years comes to mind.

Geesh....
Hi did you simply apply for an extension or switch to Tier 1? I am in the same boat. Mine is due for extension on June 1st.Thank You
BB

MORBULOUS_PRIME
Junior Member
Posts: 92
Joined: Tue Mar 11, 2008 1:09 pm

Re: ILR after 4 years

Post by MORBULOUS_PRIME » Wed May 28, 2008 10:58 am

chakku71 wrote:
MORBULOUS_PRIME wrote:
settler_wanabe wrote:The official response from the Home Office is that the HSMP JR has no bearing the ILR dispute. It is only relevant to FLR (in their view).

Reading between the lines I get the feeling that they are not totally convinced themselves. IMHO.

I believe an application after 4 years for ILR should be successful if supported by:

1) the Joint Parliamentary report on the HSMP retrospective changes
2) the AIT case declaring unlawful the refusal of ILR after 4 years

Personally I have completed 4 years last month. Unfortunately I am going to need my passport this summer and cannot have it tied up in the application/appeal process. By the time I am ready to submit my application it is only going to be a few more months to the 5 years mark. Not much point in applying then :(

On the other hand, if rumors about ILR after 8 years are confirmed, it is going to be a different kettle of fish. :x
I'm in the same boat as you. The only reason that I submitted for an "extension" is that this ILR issue still remains unresolved and my fours years came up.

This is when I would love to have MONEY and POWER. Because I can tell you that it would have been A FULL COURT PRESS if I had it.

I have read and re-read the JR and AIT decisions numerous times. I really would like to hear what the judges think of the essential "non-application" of their ruling by these "higher-than-thou" bureaucrats. It's not up to them "to interpret" the rulings, THE ARE TO FOLLOW AND APPLY THEM.

The Judge in the JR was quite specific when he stated that there were "inter-locking" terms to HSMP settlement.... ILR after the promised four years comes to mind.

Geesh....
Hi did you simply apply for an extension or switch to Tier 1? I am in the same boat. Mine is due for extension on June 1st.Thank You
To be honest, I don't think I even know what I applied for at this stage, it has been so long since I applied for "my extension".... Come on guys... GET THE LEAD OUT! :twisted:

Mehr Nazakat Ali
BANNED
Posts: 24
Joined: Thu Jan 22, 2004 1:01 am
Location: London United Kingdom

Post by Mehr Nazakat Ali » Wed May 28, 2008 10:52 pm

hi

i had a chat with home office today and it seemed there is some new story, guidelines will be posted within a week or two as told. good luck. my 1+3 year is going to expire in July and I was advised to wait. I am preparing for the citizenship test at the moment.

wukong
Newbie
Posts: 37
Joined: Mon Jan 12, 2004 1:01 am
Location: London

Post by wukong » Thu May 29, 2008 12:29 am

Mehr Nazakat Ali wrote:hi

i had a chat with home office today and it seemed there is some new story, guidelines will be posted within a week or two as told. good luck. my 1+3 year is going to expire in July and I was advised to wait. I am preparing for the citizenship test at the moment.
Hi, what HO told you? Is there any chance we can get ILR after 4 years? I do not belive HO now, as they just spoke nonsence.
I think we should all call them or write to them for a answer!!!!

hsmpinuk70
Member of Standing
Posts: 268
Joined: Mon Mar 31, 2008 2:48 pm

Post by hsmpinuk70 » Thu May 29, 2008 2:04 am

In all likelihood, the person on the phone must have refered to new guidelines for pre-Nov'06 HSMP holders that BIA has to publish in light of the JR judgement and asked you to wait for the new forms/guidance before applying for another extension in July.

But you never know BIA, and what they are capable of :wink:
Mehr Nazakat Ali wrote:hi

i had a chat with home office today and it seemed there is some new story, guidelines will be posted within a week or two as told. good luck. my 1+3 year is going to expire in July and I was advised to wait. I am preparing for the citizenship test at the moment.
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