Migrants who 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;
• have completed at least four years' continuous residence in the United Kingdom in a qualifying category; and
• now want to apply to settle in the United Kingdom.

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 then had to make a second extension application in order to complete five years continuous residence in the United Kingdom, but you have not yet reached the point of applying for settlement.

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.

If your application for settlement is successful, you will also receive a one-off payment to cover the cost of your second extension application, which would not have otherwise been required. We will make the one-off payment by cheque to the person listed as the main applicant in the second extension application. This cheque will be sent separately, not with your grant of settlement, and you do not need to take any action to request the payment - we will take the necessary action to generate it.

In addition, if your application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the United Kingdom from the point when you first completed four years' qualifying residence. We will send you a letter to confirm this with your grant of settlement. If you apply for citizenship, you will need to submit this letter with your application as confirmation of your position.