Indefinite Leave to Remain based on 4 / 5 years’ continuous residence under the HSMP ILR Judicial Review
If you would like a free assessment and advice regarding your potential ILR application (either the Premium service or postal application), please contact us online, or call us now on 0845 226 4030.
In order to qualify for Indefinite Leave to Remain (ILR) status on the basis of the HSMP ILR Judicial Review, applicants must meet a range of different criteria. If the applicant applied for an HSMP approval letter prior to 3rd April 2006, the applicant must have at least 4 years of continuous residence in the UK. If the applicant applied for an HSMP approval letter between 3rd April 2006 and 7th November 2006 the applicant must have at least 5 years of continuous residence in the UK. In both of the above situations, applicants must have resided in the UK with leave to remain as a Highly Skilled Migrant and the most recent leave must have been spent as a Tier 1 (General) migrant. Please note that there are exceptions to these qualifying residence periods; please contact us for further information.
Applications can generally only be submitted up to 28 days prior to the residential qualifying period being met.
During the residential qualifying period the applicant must have been economically active. Any periods where the applicant was inside the UK without valid leave to remain will not count towards the qualifying period.
It is not necessary for applicants for ILR under the HSMP ILR Judicial Review to demonstrate knowledge of English Language and Life in the UK. This means it is not necessary to take the ‘Life in the UK Test.’
On 6th April 2011, the UK Border Agency introduced a new criminality threshold for the majority of applicants for ILR. The new criminality threshold means that where the applicant has an unspent conviction, the application for ILR would be automatically refused. This rule is not relevant for individuals submitting applications under the HSMP ILR Judicial Review. Please note, however, that whilst an unspent conviction is not an automatic reason for refusal, unspent convictions may lead to an application being put at risk.
If you are interested in making an ILR application, please contact one of our consultants on 0845 226 4030 for initial advice on the strength of your case and the requirements. Alternatively, you can direct email enquiries to info@uk-wp.com.
