Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category and have applied to extend their stay

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;
• have spent a continuous period of four years lawfully in the United Kingdom in a qualifying category; and
• currently have an outstanding application for an extension of their stay.

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 requirements;
• you then extended that initial permission by a further three years; and
• you have now applied for a second extension in order to complete five years' continuous residence in the United Kingdom.

We will send you a letter inviting you to vary your extension application to an application for settlement, if you want to do so. The letter will have a reply stencil (reply form) attached. You must complete the stencil, indicating whether you want to vary your application, and return it within 28 days of receiving the letter.

If you do want to vary your application, you will also need to compete the SET(O) application form. You must return the SET(O) form with the reply stencil to the address given on the stencil. The SET(O) form has been amended so that you can identify yourself as being affected by the HSMP Forum Ltd judicial review. You can download the SET(O) 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. 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.

If you choose not to vary your application, you must still complete and return the reply stencil to the address given within 28 days. We will then be able to proceed in considering your application to extend your stay.