http://vbsi.org.uk/index.php?mact=New ... urnid=15
An individual HSMP holder took the HO to the AIT on the ILR4-5 issue and won the case. The Home Office appealed first, but then withdrew the appeal. This person is expected to obtain the ILR. The decision does not automatically grant any other HSMP holder the right to obtain the ILR after 4 years, but creates a strong precedent for other such cases in court.
Below is BIA's commentary on the recent victory:
"The judgement has no bearing on the position of HSMP migrants affected
by a separate immigration rules change in 2006 which raised the
settlement eligibility threshold from four to five years. We are not
accepting any applications for settlement or citizenship other than in
accordance with the timescale currently set down in the immigration
rules.
The recent AIT judgement... was an individual case
rather a change in policy from ourselves. As such we would advise
against making your application for ILR next month, as in line with
current guidelines your application would fall for refusal as you have
not yet completed the required five year qualifying period.
Regards
Adam Wilkie
Team Leader
Vulcan House - Steel
LTR5
North East, Yorkshire and the Humber Region
UK Border Agency
PO Box 3468
Sheffield, S3 8WA
Tel 0114 207 2405
Fax 0114 207 2886
