ILR time might go down to 4 years for people already here in the UK (If the Judicial Review JR is successful).
HSMP Forum Ltd, has had its JR application heard on 13th March 2009. This case fights the 'illegal' retrospective increase of settlement period from 4 to 5 years.
Hopefully the result will be in the HSMP forum favour; however I would like to discuss what is the best option for people whose leave to remain is ending in the next couple of weeks? As we are not sure how long will we have to wait for the judgement date and decision?
Shall they apply for ILR straight away, I know they will be refused but then they can appeal against it as many others have successfully got ILR after 4 years once they appealed. The downside is that what will happen if for any reason the decision does not go in favour of the HSMP forum? That might also make it difficult for people to gain ILR after 4 years through an appeal.....?
Thank you