ILR Question

[guly3]

Hi,
I got iLR last year after spending 5 years in UK on WP + HSMP. I initially came to UK on work permit in May 2003 and then moved to HSMP in June 2005. In May 2008, I applied for ILR and got it in June 2008.

The question is that one of my friend told me that I could have gone for ILR after 4 years of my stay in the UK. He said that there is some judgement, which says that anyone who came to UK before they changed the naturalisation criteria from 4 to 5 years can get ILR in 4 years. Is that correct?
I look forward to responses from someone who has actually got ILR on this basis.

Many Thanks
Gul

[Siggi]

Gul,
Your friend is partly right, but in practice wrong,what I mean is that a group of HSMP visa holders had a descision in there favour, last year by a judge, saying that applying new with inmeadate effect was wrong and could not be applied retrospectivley.
So in theory people who had HSMP visas, before the law change in May 2007 should be allowed to apply for ILR after fours years.
In pratice the HO has done nothing to rectify this judgement, so it was a hollow results.
HO are not fair and play to there own rules.

[global gypsy]

Also see here:
http://www.immigrationboards.com/viewto ... 472#231472

[guly3]

thank you

So to sum it all up, I could not have got ILR after 4 years, but pending decision on March this year, people would be able to get ILR after 4 years.
Might help somebody else