Highly skilled migrants, who applied for indefinite leave prior to April 2006, and were granted entry clearance (or leave to remain in the UK) following a court ruling, can now apply for indefinite leave to remain in the UK after four years.

Following the ruling on 20 May 2009, the UK Border Agency has announced that individuals who applied for and were granted entry clearance (or leave to remain in the UK) under the ‘Highly Skilled Migrant Programme’ (HSMP) will be able to apply for Indefinite Leave to Remain (‘ILR’) after four years’ lawful residence in the UK as opposed to the current five years.

The new regulations will apply to applications made before 3 April 2006 and for those who meet the criteria can apply for ILR under the ‘Fast Track’ same-day service operated by the Home Office.

The Border Agency predicts that those applicants who have obtained ILR after five years of residence may no longer be required to wait 12 months after ILR before being eligible to apply for British Citizenship (this may be on a discretionary basis).