applying for ILR before completing 4 years of residence in the UK

shafiqur rahman made this Freedom of Information request to UK Border Agency

The request was successful.

From: shafiqur rahman

27 June 2009

Dear Sir or Madam,

I enetered UK in August 2005 as an HSMP migrant and got an
extension for 4 years up to August 2010. Can I apply for ILR up to
28 days prior to 4 years period of residence in the UK under the
Judicial Review? That is can I submit my application for ILR after
7th August, 2009 where 4 years will complte on 31 August 2009?

Yours faithfully,

S. Rahman

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From: Freedom Of Information Team ( IND )
UK Border Agency

30 June 2009

Dear Shafiqur Rahman

Thank you for your message below, sent to the Freedom of Information
Team. As your request refers to progress on your current application we
have forwarded your message to the UKBA Public Enquiry Team to take
forward.
They should contact you shortly.

Kind Regards

UKBA
FOI Team

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From: shafiqur rahman

1 July 2009

Dear Freedom Of Information Team ( IND ),

I did not ask to know about the progress of my current application.
I have just wanted to know that I netered UK in August 2005 as an
HSMP migrant and got an extension for 4 years up to August 2010.
Can I apply for ILR up to 28 days prior to 4 years period of
residence in the UK under the Judicial Review? That is can I submit
my application for ILR after 7th August, 2009 where 4 years will
complte on 31 August 2009?

I look forwrad to hearing from you soon.

Yours sincerely,

shafiqur rahman

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From: IND Public Enquiries

2 July 2009

Dear Sir/Madam,

Thank you for your enquiry.

Please be advised that the applicants are covered by this judgment if
they applied for their HSMP approval letter before 3rd April 2006. This
will apply to them even if they didn't receive the letter or subsequent
LTE or LTR until after this date. As long as the initial application for
their HSMP approval letter was before 3rd April 2006, they will be able
to apply under the judgment.

In order for an applicant that is covered by the judgment to apply for
ILR they will need to meet the following criteria:

The applicant must have spent a continuous period of four years lawfully
in the UK, with their most recent leave being under the Highly Skilled
Migrant Programme (HSMP) or Tier 1 (General) and the remainder of their
leave being made up of leave under HSMP, Tier 1 (General), Work Permit
holder or Innovator.

Throughout the 4 years spent in the UK the applicant must have been able
to maintain and accommodate themselves and any dependants without
recourse to public funds.

The applicant must be economically active in the UK in employment,
self-employment or both as per the terms of their leave.

If applicants meet these requirements, they can make an application for
ILR in the normal way using SET(O). Application forms are available from
the UK Border Agency Website www.ukba.homeoffice.gov.uk or by calling
the Application Forms Unit on 0870 241 0645. All details and
instructions are included with the forms.

Like other settlement applications applicants can apply 28 days before
they meet the qualifying period.

Knowledge of Language and Life in the United Kingdom

Any applicants that are covered by the judgment and meet the above
criteria are not required to meet the Knowledge of Language and Life
(KOL) requirement when making their ILR application. Any dependants
applying as part of this application will also be exempt from the KOL
requirement.

Yours faithfully,

Amrit Haria
Immigration Group
UK Border Agency

If you intend to reply to this e-mail please ensure that you re-send all
the information from your original enquiry.

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