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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13323
Experience:  Solicitor
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ILR visa, HSMP Judicial review after April before 6Nov 2006 Hi, I

Customer Question

ILR visa, HSMP Judicial review after April before 6Nov 2006

I am going to apply Indefinite visa in 2 weeks time by filling SET(O) form,
As far as I know I am eligable ILR after 5 years completion as HSMP Judicial review policy.
Because my HSMP letter is before 7th November 2006.

But the guidance says
If you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006, your application for indefinite leave to remain will be considered under the terms of the HSMP indefinite leave to remain (ILR) judicial review policy document.

Guidance does not mention about after April HSMP judicial review.

Do I need to collect points now as normal tier1 applicant?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
The difference between HSMP applicants first admitted pre and post April 2006 is that those pre April can apply after 4 years but others can only apply after 5. If you are subject to the judicial review policy however then you are exempt from passing the ESOL test and also you are not barred by minor motoring convictions and the like if that is relevant.

What category of current work permit do you hold? If you are still on HSMP you have to show you are employed and have been for the last 5 years and are not dependent on public funds. the rules are as they were when you arrived. that is effect of the judicial review so no it is not dependent on showing tier 1 points unless you now hold a tier 1 visa.

You can find the form and guidance on the UKBA website if you have not already done so - it is here:
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Customer: replied 5 years ago.
Required documents
I am still on HSMP what documents I need to provide in terms of employment:
I have bank statements of last 12 months.
Employer letter stating I was working at those dates

What else do I need to provide for employment.
I had couple of permanent job but at the moment I work as self employer
Expert:  Senior Partner replied 5 years ago.
If you follow the link I gave you it will take you to the forms and guidance which tells you exactly what you need to submit. If you are self employed then you will need to provide evidence of that - accounts and tax returns would do for example.

you have to show that you have been employed or self employed for 5 years and you have maintained yourself without recourse to public funds . they will know if you have drawn benefits . If you have bank statements of more than three months showing adequate funds that should be fine.

i recommend you download the form and he guidance notes and go through so you can see all the detail required
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