HSMP / Tier 1 General leftover transition to ILR (or settled status)

Some Indian applicants in 2026 still hold residual permission from legacy routes — HSMP (Highly Skilled Migrant Programme 2002-2008) or Tier 1 General (2008-2015 with extensions until December 2018). These routes were closed but transitional provisions preserved some applicants' settlement claims.

For [CLIENT_NAME] entering UK on [ENTRY_DATE]:

§1 — HSMP + TIER 1 GENERAL HISTORICAL CONTEXT (120-150 words)

HSMP (2002-2008):
  ▪ Points-based for highly skilled migrants
  ▪ No employer sponsor required
  ▪ Common for Indian PhD researchers, senior IT professionals
  ▪ Path to settlement: 5 years lawful residence
  ▪ Subject to court challenge (HSMP Forum Ltd v SSHD [2008] EWCA Civ 1110) which restored some applicants' rights

Tier 1 General (2008-2015):
  ▪ Successor to HSMP under PBS structure
  ▪ Points-based; no sponsor needed
  ▪ Same path to settlement: 5 years
  ▪ Closed to new entrants in 2015; existing holders could extend until 2018
  ▪ All Tier 1 General permissions expired by December 2018

For [CLIENT_NAME] starting on HSMP / Tier 1 General [ENTRY_DATE]: complete the historical chain.

§2 — CURRENT TRANSITION OPTIONS (120-150 words)

For applicants whose Tier 1 General / HSMP expired:

Option A — Already on ILR:
  ▪ If applicant secured ILR before route closure → still settled
  ▪ ILR is permanent unless lost via extended absence (2 years+ outside UK) or revocation

Option B — Transition to Skilled Worker:
  ▪ Find sponsor employer with Skilled Worker Sponsor Licence
  ▪ Sponsor assigns CoS
  ▪ Apply for Skilled Worker visa
  ▪ Previous Tier 1 General time DOES NOT count toward Skilled Worker 5-year ILR clock — new 5-year start
  ▪ But Long Residence (10-year) may apply if continuous lawful residence

Option C — Long Residence Route:
  ▪ If applicant has 10+ years continuous lawful residence (HSMP + Tier 1 + Skilled Worker etc.)
  ▪ Apply for ILR under Long Residence (Appendix Long Residence)

Option D — Global Talent / Innovator Founder / Investor routes:
  ▪ If applicant has built UK business / academic profile, may qualify for current routes

For [ROUTE_HISTORY] + [CURRENT_VISA]: assess best option.

§3 — ILR UNDER LONG RESIDENCE FOR LEGACY APPLICANTS (150-180 words)

Most legacy Tier 1 General applicants reach 10 years before current visa expires, allowing Long Residence application:

Eligibility:
  ▪ 10 years continuous lawful residence
  ▪ All time on any lawful UK visa (HSMP, Tier 1 General, Tier 2 General, Skilled Worker, Dependant, Discretionary Leave)
  ▪ Currently on lawful visa at application
  ▪ Appendix CR absences rule applies (180 days rolling)
  ▪ KOL (Life in UK test + English B1)

For typical Tier 1 General applicant:
  ▪ 2010-2015: Tier 1 General
  ▪ 2015-2017: Tier 1 General extension
  ▪ 2017-2018: Tier 1 General expired; switched to Tier 2 General
  ▪ 2018-2023: Tier 2 General / Skilled Worker (5 years)
  ▪ 2023+: Eligible for both Skilled Worker 5-year ILR AND Long Residence 10-year ILR

Choose Long Residence for:
  ▪ Lower salary requirement (no fixed threshold at ILR application date, although current employment helps)
  ▪ Better treatment of absences (slightly more discretion)

§4 — DOCUMENTATION FOR LEGACY APPLICANTS (120-150 words)

The complexity is documenting status across many years:

For HSMP holders (2002-2008):
  ▪ Original HSMP approval letter
  ▪ Subsequent visas (extensions, switches)
  ▪ HMRC employment record going back 15+ years (request via HMRC SARS)
  ▪ Bank statements for periods covered

For Tier 1 General holders (2008-2015):
  ▪ Original Tier 1 General visa pages
  ▪ Extensions + their underlying applications
  ▪ Income evidence (Tier 1 General required certain earnings)
  ▪ Self-employment evidence (if applicable)

For all legacy applicants:
  ▪ Complete passport history (current + previous passports — collect all expired passports)
  ▪ UK absences calendar reconstructed from passport stamps
  ▪ Employment continuity evidence
  ▪ Tax compliance evidence

§5 — TRANSITIONAL PROVISIONS + CASE LAW (80-100 words)

Key cases preserving HSMP/Tier 1 holders' rights:
  ▪ HSMP Forum Ltd v SSHD [2008] EWCA Civ 1110 — Home Office had to honour pre-2006 HSMP terms
  ▪ Various judicial reviews of Tier 1 closure (mostly unsuccessful)

For applicants who failed to extend before December 2018 closure:
  ▪ Long Residence remains available
  ▪ Discretionary Leave with humanitarian grounds (very narrow)
  ▪ Return to home country + apply afresh under current routes

§6 — STRATEGIC GUIDANCE (80-100 words)

For [CLIENT_NAME] with [ROUTE_HISTORY]:

Step 1: Reconstruct full visa history with dates
Step 2: Identify any gaps in lawful status (> 28 days = problematic)
Step 3: Calculate continuous residence to current date
Step 4: Assess absences against 180-day rolling rule
Step 5: Determine ILR eligibility (Skilled Worker 5-year vs Long Residence 10-year)
Step 6: Confirm KOL + English requirements met
Step 7: Apply via SET (Long Residence) form

§7 — POST-ILR CONSIDERATIONS (60-80 words)

Once ILR granted via Long Residence:
  ▪ Settled status — permanent unless lost via extended absence (2+ years)
  ▪ Can apply for British Citizenship after 12 months on ILR
  ▪ Spouse / family members can apply for settlement
  ▪ Children born in UK to settled parents = British citizens automatically (or on application)

End with: "DRAFT — for OISC/IAA-registered adviser or solicitor review. Legacy HSMP / Tier 1 General cases are complex; engage an immigration solicitor with experience in pre-PBS routes. Reconstruct complete visa history with expired passports + HMRC SARS request. Long Residence route is often the cleanest path for legacy applicants who have spent 10+ years cumulative on various routes."