What is judicial review judgment of April 6, 2009? Well, this is the judgment that comprises the arrangements on settlement in the United Kingdom brought about by the HSMP Forum. Now, if you hold a HSMP approval letter, which is being made on your application produced prior November 7, 2006 and are permitted to enter or reside in the UK, then you are covered by the April 6, 2009 judgment!

Let’s have a look at the summary of the judicial review from HSMP that were amended on April 6, 2009. The judgment is basically related to the requisite of indefinite stay or residence in the UK. With this judgment, arrangements were made to facilitate migrants who have received a HSMP approval letter that is based on their application produced prior November 7, 2006 and eventually got the permission to enter and reside in the UK.

Below are the arrangements made for the migrants covered by the judgment:

You may fall under any of the two arrangements, in case if you are with an HSMP approval letter:

• On the basis of an application produced prior April 3, 2006, and eventually you got the entry clearance or permission to reside in the UK or
• On the basis of an application made in between April 3, 2006 and November 7, 2006, and eventually obtained the entry clearance or the leave to remain permission in the UK.

Now, let’s have a look at the arrangements:

Did you apply for an HSMP approval letter to enter or stay in the UK before April 3, 2006 and eventually stay there on the basis of that? If yes, you are eligible to settle in the UK, given you have continuously been there for four years under qualifying visa category. Besides, this is not necessary to fulfill the requirement of meeting knowledge of UK language and life in order to apply for further settlement. Below are a few circumstances covered by the judgment:

• Settled migrants in the UK under the HSMP, who have stayed continuously 5 years there: People may fall into this group, if (1) they were primarily permitted to arrive the UK or granted the permission to stay in the UK for 1 year, as per the HSMP requirements; (2) they had applied for extension of stay for three more years; and (3) they had made a second application for further extension in order to complete five years’ continuous residence.
• Migrants completing four years of residence continuously in the UK: People fall into this group, who (1) were primarily permitted to arrive or granted with stay permission in the UK for 1 year; (2) then had applied for extension of stay for three more years; and (3) subsequently, had to make an extension in order to complete five years of continuous residence in the UK, but yet not reached the point to applying for settlement.
• Migrants soon going to complete 4 years in the UK: This arrangement covers those migrants who, (1) were primarily granted to stay in the UK for 1 year, given they received the approval letters prior to April 3, 2006 or 2 years, given an application was produced prior to April 3, 2006, but not being approved until after that date; and (2) applied for an extension of stay by 3 or 4 years, but have not yet reached the point to applying for settlement.
• Immigrants who made a settlement application after 4 years of stay, but they being refused: People fall into this group (1) whose settlement applications were refused, reason being they had not meet the requisite of continuous stay for five years in the UK; (2) they had appealed against the decision and subsequently granted leave to remain; (3) did not appeal against the refusal; and (4) did appeal the decision, but was dissolved.
• Migrants who have resided in the UK for continuous 4 years and applied to extend their stay: Migrants fall into this group who, (1) were permitted to stay in the UK for 1 year; (2) had applied for an extension of stay for 3 more years; and (3) have applied for another extension in order to complete 5 years of continuous residence.

Now, even if you made an application to the HSMP between April 3, 2006 and November 7, 2006, and eventually being granted to enter or stay in the UK with an approval letter, you are still required to meet the requisite of continuous residence for five years under qualifying visa category in order to settle in the country. For more information on this, contact an Immigration and Visa consultant!