HSMP Forum judicial review: New forms published

Arrangements in place for implementing judgment on migrants
21st May 2009: The UK Border Agency has put arrangements in place for migrants covered by the judgment of 6 April 2009 in the judicial review brought by the HSMP Forum Ltd.

The judgment relates to the ‘continuous residence’ requirement for migrants, who want to settle or be given ‘indefinite leave to remain’, in the United Kingdom.

It covers migrants, who were sent a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of applications made before 3 April 2006, and who obtained entry clearance or permission to stay in the United Kingdom (also called ‘leave to remain’) on the basis of that letter.

The arrangements are set out in a policy document and in the HSMP Forum judicial review (settlement in the United Kingdom) section of UK Border Agency website (

The agency has also published a revised version of its SET (O) application form. The form should be used by certain types of applicants, when they apply for settlement, also called permanent residence or ‘indefinite leave to remain’ in the United Kingdom.

The new version of the form, and the related guidance, can be downloaded from the Completing application form SET (O) page of the agency’s website.

The previous version of the form will remain valid for 21 days, so it will be accepted for applications made until 10 June.

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