Frequently Asked Questions (FAQs) About ILR HSMP JR Policy Document

Q.1: Will my application for ILR under the HSMP JR policy document be refused if I have an unspent criminal conviction?

Answer: The criminality test does not apply to applications being made under the HSMP JR Policy document. However, if the conviction is for very serious offence, then the application may be refused by the Home Office, UKBA under general grounds for refusal.

Q.2: Do I have to pass the Life in the UK test if I am applying for ILR under the HSMP JR policy document?

Answer: No, it is not a requirement of the immigration rules to pass knowledge of life in the UK test if you are applying for ILR under the HMSP JR Policy document.

Q.3: Do I have to meet the earning criteria under the Point Based System (PBS) to apply for ILR under the HSMP JR policy document?

Answer: No, there is no minimum or maximum amount of earnings to be shown for your application to be successful under the ILR HSMP JR policy document. The requirement is to show that you have been economically active throughout the qualifying period of residence in the UK.

Q4. From where can I download the application Form to apply for Indefinite Leave to Remain (ILR) under the ILR HSMP Judicial Review (JR) Policy document?

Answer: You can download SET (O) Form to apply for ILR under the ILR HSMP JR Policy Document.

Q.5: What is the processing time (waiting time) for Indefinite Leave to Remain (ILR) application under the ILR JR Policy Document?

Answer:

• An application for ILR submitted through our same day visa service is usually decided by the Home Office, Public Enquiry Office (PEO) within 24 hours.
• An application for Indefinite Leave to Remain (ILR) submitted by post is decided according to the Home Office guidelines for processing of settlement/ILR applications.

Q.6: Within how many days I have to appeal against the refusal of my application for Indefinite Leave to Remain (ILR) under the ILR JR Policy Document?

Answer: If your application has been refused by the Home Office, UKBA, you may have a right of appeal against the refusal of your application if you submitted your application before the expiry of your leave and you did not have a valid leave at the time of decision on your application. Notice of appeal must be received by the 1st Tier Tribunal within 10 working days of the date of receipt of the refusal letter. If you do not get right of appeal against the refusal of your application, you can still challenge the refusal by way of Judicial Review in High Court, if there are good grounds for Judicial Review.
 

Q.7: When can I apply for ILR under the ILR HSMP JR Policy Document?

Answer: A person who applied for HSMP Approval letter before 6 November 2006 can apply for ILR once he has spent continuous five years in the UK under this category.

A person who applied for HSMP approval letter before 3 April 2006 can apply for ILR once he has spent continuous four years in the UK under this category.

We provide same day visa service for ILR applications.

Q.8: Can I include my dependants in my application?

Answer: You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants. Children over 18 must apply separately.