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ILR (Probationary citizenship) & HSMP (tIER1)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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markotsg
Member
Posts: 110
Joined: Mon Oct 09, 2006 11:17 am

ILR (Probationary citizenship) & HSMP (tIER1)

Post by markotsg » Sat Jan 09, 2010 7:30 pm

Hello All I am currently on Tier 1 extended from HSMP till July 2012
I have been aware new rules will be in place from July 2011.

Considering I will be aplying for ILR in July 2012 will I be apllying under old rules?

The bellow is confusing


The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP


As I have entered UK in July 2007 as HSMP does that mean new rules will not effect me?

Many thanks

jessica_halida
Junior Member
Posts: 91
Joined: Sat May 24, 2008 1:05 pm

Post by jessica_halida » Wed Mar 10, 2010 12:34 pm

I have exactly the same question, can anyone clarify?

GETMEIN
Newbie
Posts: 40
Joined: Tue Mar 09, 2010 9:57 pm

Post by GETMEIN » Wed Mar 10, 2010 12:46 pm

I hope everybody who enters this country on HSMP/Tier 1 on basis of current rules should be eligible for ILR after 5 years of legal stay. Home Office has already commited itself to give ILR to all who entered/received approval before Nov 2006 and shall give them ILR after 5 years. Good thing is new rules coming in July 2011 won't affect them.
What is still not clear is those who have entered after Nov 2006, whether government will implement new rules. Time will tell and if Conservatives come in to power things might get delayed. Who knows? :roll:

Markie
Senior Member
Posts: 681
Joined: Wed Sep 21, 2005 3:17 am
Location: Surrey

Re: ILR (Probationary citizenship) & HSMP (tIER1)

Post by Markie » Wed Mar 10, 2010 12:49 pm

The one you quoted below will not applicable to you as it refers to those individuals who applied under HSMP on the following periods:

1. Those who applied before Apr 06, when the residency period was increased from 4 -> 5yrs; and

2. Those who applied between Apr-06 until Nov 06 when the HSMP was suspended and the new Tier1 programme was rolled out.

To guide you better, please refer to the statement from the BIA website below and focus on items 1 and 2. The last statement refers to the HSMP ILR JR decision.

The Borders, Citizenship and Immigration Act received Royal Assent on 21 July 2009. Sections 39-41 and 47-49 of Part 2 of the Act give effect to earned citizenship, which we plan to introduce in July 2011. We will announce the specific date of introduction closer to the time.

As the Borders, Citizenship and Immigration Bill progressed through Parliament, the government listened to the views of both the House of Lords and the House of Commons. The government subsequently agreed the following transitional arrangements:

1. If a migrant has already been given indefinite leave to remain (also known as settlement) on the date when earned citizenship is introduced, they will automatically be considered to be a 'permanent resident'. They will not need to pay or apply for this to occur. They will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

2. If a migrant has applied for indefinite leave to remain before the date when earned citizenship is introduced, and is subsequently granted indefinite leave to remain, they will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.
The introduction of earned citizenship has been postponed by six months, to give people time to adjust to the new system and to allow more applicants who are already in the United Kingdom to apply under the current rules. Earned citizenship will now be introduced in July 2011.




markotsg wrote:Hello All I am currently on Tier 1 extended from HSMP till July 2012
I have been aware new rules will be in place from July 2011.

Considering I will be aplying for ILR in July 2012 will I be apllying under old rules?

The bellow is confusing


The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP


As I have entered UK in July 2007 as HSMP does that mean new rules will not effect me?

Many thanks

GETMEIN
Newbie
Posts: 40
Joined: Tue Mar 09, 2010 9:57 pm

Post by GETMEIN » Wed Mar 10, 2010 1:01 pm

The Borders, Citizenship and Immigration Act received Royal Assent on 21 July 2009. Sections 39-41 and 47-49 of Part 2 of the Act give effect to earned citizenship, which we plan to introduce in July 2011. We will announce the specific date of introduction closer to the time.

This is not clear. Even the government has not given a specific date which means things might change and they could implement the rules even later. One thing is sure, you can never trust Home Office. So, fingers crossed for all who applied after Nov 2006. Let's be positive.

jessica_halida
Junior Member
Posts: 91
Joined: Sat May 24, 2008 1:05 pm

Post by jessica_halida » Wed Mar 10, 2010 1:34 pm

just check my HSMP approval letter is actuall december 2006. So, I am not included on those under HSMP judicial review.
I just hope I am still included on "HSMP" category (since the vignette on my visa said HSMP :-)) thus can apply for ILR in 2012.

juliajules1979
- thin ice -
Posts: 326
Joined: Wed Jul 22, 2009 10:39 pm

Post by juliajules1979 » Wed Mar 10, 2010 3:36 pm

Do you think there is a chance they will bring in the new changes before July 2011?

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