Indefinite Leave to Remain under Judicial Review

You can apply for indefinite leave to remain under the judicial review if you have been in the UK for 4 years as a highly skilled migrant.

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This section explains the judgment of 8 April 2008 (extension of stay). Those who an HSMP approval letter that was issued under the requirements in place before 7 November 2006, and you obtained entry clearance or permission to stay in the United Kingdom on the basis of the letter, you may be affected by the HSMP Forum Ltd judicial review judgment of 8 April 2008.

If you have joined the HSMP from 5 December 2006, then you will not be affected by this judgment. The section below will give you some information:

1.      Current HSMP Leave before 7 November 2006 – those migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future, will apply in accordance to the requirements set in place before 7 November 2006.

2.      Refusal of Extension – those migrants who have been refused an extension of stay and are in process of making an appeal would fall under this group. The Home Office will re-consider your case and decide whether you meet the HSMP extension of stay requirements in place before 7 November 2006.

3.      Migrant switching to another category due to refusal – you would fall onto this category and you can ask the Home Office to re-consider their decision. This would be decided on the rules placed before 7 November 2006.

4.      Migrants who did not apply for extension – you would fall into this category if you have not applied for an extension, however switched into another immigration category. The Home Office will allow you to switch from your current immigration category even though it is not permitted on the Tier 1 General. However you can request the Home Office to re-consider the decision under the HSMP extension of stay placed before 7 November 2006.

5.      Left UK before 7 November 2006 – please note if you were on an HSMP and left the UK prior to that date, you are not covered by that judgment.

6.      Those who have meet the settlement threshold – you would be unaffected and should apply for settlement.

7.      Covered by Judgment and awaiting outcome – the Home Office are currently processing the application, and if successful, you will receive a grant of leave as normal.

All dependants would follow of the principal applicant. Those who have been granted a discretionary leave following an appeal and have successfully switched back to the HSMP category, then the new grant as a highly skilled migrant will count towards the settlement threshold.