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Highly Skilled Migrant Programme

Highly skilled migrant worker

HSMP Forum judicial review (settlement in the United Kingdom)

This page explains the arrangements that have been put in place for migrants covered by the 6 April 2009 judgment in the judicial review brought by the HSMP Forum Ltd. This judgment relates to the continuous residence requirement for settlement in the United Kingdom (also called 'indefinite leave to remain' or ILR).

You are covered by the judgment if we sent you a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of an application made before 7 November 2006, and you obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain' or LtR) on the basis of that letter.

Arrangements for these migrants are set out in Appendix S of the Immigration Rules. There are two different arrangements - the arrangement that applies to you depends on whether:

  • you received a HSMP approval letter on the basis of an application submitted before 3 April 2006, and you obtained entry clearance or permission to stay in the United Kingdom on the basis of that letter; or
  • you received a HSMP approval letter on the basis of an application submitted between 3 April 2006 and 7 November 2006, and you obtained entry clearance or permission to stay in the United Kingdom on the basis of that letter.

If you applied to the HSMP before 3 April 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter

You are eligible to settle in the United Kingdom when you have completed four years' continuous residence in relevant immigration routes. You do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application.

You can find out more by selecting the group from the list below that matches your circumstances.

Migrants who have already settled in the United Kingdom under the HSMP or Tier 1 (General) on the basis of having completed five years' continuous residence in a qualifying category

You fall into this group if:

  • you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements;
  • you then successfully applied to extend your stay by a further three years; and
  • you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom.

Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category

You fall into this group if:

  • you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements;
  • you then successfully applied  to extend your stay by a further three years; and
  • you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom, but you have not yet reached the point of applying for settlement.

Migrants who will soon have completed four years' continuous residence in the United Kingdom in a qualifying category

You fall into this group if:

  • you were initially granted entry clearance or permission to stay in the United Kingdom under the HSMP requirements, for one year (if your application was approved before 3 April 2006) or two years (if your application was made before 3 April 2006 but not approved until after that date); and
  • you then successfully applied to extend your stay by either three or four years, but you have not yet reached the point of applying for settlement.

Migrants who applied for settlement after four years and had their application refused

You fall into this group if your application for settlement was refused purely because you had not completed five years continuous residence in the United Kingdom, and:

  • you won an appeal against the refusal decision and were later granted permission to stay; or
  • you did not appeal the refusal decision; or
  • you appealed the refusal decision but your appeal was dismissed.

Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category and have applied to extend their stay

You fall into this group if:

  • you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements;
  • you then successfully applied  to extend your stay by a further three years; and
  • you have now applied for a second extension in order to complete five years' continuous residence in the United Kingdom.

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If you applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter

You are still required to complete a period of five years' continuous residence in relevant immigration routes before you can apply to settle in the United Kingdom. This is because you did not enter the HSMP until after the Immigration Rules had changed on 3 April 2006. However, you do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application.

You can find out more by visiting the Migrants who applied to the HSMP between 3 April 2006 and 7 November 2006 page.

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