Highly Skilled Migrant Programme
Migrants who will soon have completed four years' continuous residence in the United Kingdom in a qualifying category
This page explains the arrangements we have put in place for migrants who:
- are covered by the HSMP Forum Ltd judicial review (settlement in the United Kingdom ) judgment; and
- have spent less than four years in the United Kingdom in a qualifying category.
You fall into this group if:
- you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirement, or for two years where your HSMP application was made before 3 April 2006 but not approved until after this date; and
- you then extended that initial permission by either three or four years, but you have not yet reached the point of applying for settlement.
When you have completed four years' continuous residence, you will be able to apply for settlement using the SET(O) application form. This form has been amended so that you can identify yourself as being affected by the HSMP Forum Ltd judicial review. You can download the application form and guidance notes from the right side of this page.
We will consider your application against the settlement requirements described in paragraph 7 of the policy document, which you can download from the right side of this page. To be granted settlement, you will need to have spent a continuous period of four years lawfully in the United Kingdom in a qualifying category. However, you will not need to meet the 'knowledge of language and life in the United Kingdom' requirement, as this was not part of the settlement requirements when you first applied under the HSMP.
Please note that, if your application falls for refusal under the General Grounds for Refusal in paragraphs 320-322 of the Immigration Rules, we will refuse it even if it otherwise qualifies under the terms of this policy. This might happen, for example, if you have broken United Kingdom immigration law or have a criminal conviction.
Frequently Asked Questions
- How are dependants affected? Dependant status will follow that of the principal applicant.
Application for permanent residence in the UK in an employment or other category listed on the form
- Form SET(O) PDF 641KB opens in a new window
- Guide SET(O) PDF 240KB opens in a new window
- Photo guidance (new)PDF 374KB opens in a new window