Immigrationboards.com

Posted: **Mon Mar 01, 2010 3:26 pm**

My Situation:

Arrived in the UK, 5th December 2005 on HSMP
The above means I completed my 4 years requirement on 4th December 2009.
I Applied for ILR on 11 November 2009 HSMP JR
Got ILR in January 2010 dated 13th January 2010 [instead of backdated to 4th december 2009]

My Question

Shouldnt the stamp on my ILR be backdated to 5th December 2009? [and not 13 January 2010]
Can I ask UKBA to backdate this?

Things I stand to lose because of the one month variation

One month worth of Child benefit's payment
One month worth of Tax credit's payment
Plus I have to wait till 13 January 2011 [instead of December 2010] to apply for naturalization

I will be glad to see your responses.

Posted: **Mon Mar 01, 2010 3:43 pm**

The stamp on the ILR in your passport apparantely can only be dated the same as the date of issue. I dont think they can issue a stamp with a historic date.

That being said those who got 'back-dated' ILR got a letter as well as the stamp. The letter states that for the purposes of applying for naturalisation ILR is deemed to have been issued to the previous date. Maybe you might want to contact the caseworker who issued your ILR to find out about this letter, you should have their name on the other letter which confirms you have ILR

Posted: **Mon Mar 01, 2010 3:48 pm**

f2k wrote:...Maybe you might want to contact the caseworker who issued your ILR to find out about this letter.

I think I will do just that.

Thanks you very much

Posted: **Mon Mar 01, 2010 5:37 pm**

they cannot backdate the ILR stamp on the passport. however, you should receive a letter saying that you are deemed free from immigration control as of 4 Dec 2009. contact your caseworker.

Posted: **Mon Mar 01, 2010 10:15 pm**

bani wrote:contact your caseworker.

I have just sent my caseworker an email and will let you know the outcome

Thanks,

Posted: **Tue Mar 02, 2010 11:58 am**

I written an email but she hasn't come back with any reply, so I'm putting a hard copy in the post to her later this afternoon.

Posted: **Tue Mar 02, 2010 1:56 pm**

Hi , how did you find out who your case worker is ?

thanks

bobo77 wrote:
bani wrote:contact your caseworker.
I have just sent my caseworker an email and will let you know the outcome

Thanks,

Posted: **Tue Mar 02, 2010 2:28 pm**

ilrwanted wrote:Hi , how did you find out who your case worker is ?

thanks

there was a cover letter signed by her

Posted: **Tue Mar 02, 2010 3:59 pm**

Hi , do you know of any way to find out who the caseworker is before they write to you themselves ?
thanks

bobo77 wrote:
there was a cover letter signed by her

Posted: **Tue Mar 02, 2010 4:07 pm**

ilrwanted wrote:Hi , do you know of any way to find out who the caseworker is before they write to you themselves ?
thanks

bobo77 wrote:
there was a cover letter signed by her

No,

Posted: **Wed Mar 10, 2010 9:19 pm**

bobo77 wrote:
bani wrote:contact your caseworker.
I have just sent my caseworker an email and will let you know the outcome

Thanks,

I have no reply from my caseworker, seems she cant be bothered at all.

Since she hasn't replied, is there anyone else I can write or complain to?

Thanks

NB

The link below describes what she should have done; a supplementary letter backdated a month

http://www.immigrationboards.com/viewtopic.php?t=52801

Posted: **Wed Mar 24, 2010 10:58 pm**

Hi
I am in the same situation ILR issued 41 days later than due date. I did not contact home office but I feel I should do soon as you did and wait for any reply from them. If I do and get an answer i will post here

regards

Posted: **Wed Mar 24, 2010 11:51 pm**

I would call her and talk to her. And write down the date and time you called as she might deny what she said on the phone. But if you know that date and time you can always give them and they can easly find out as HO do record phone conversations!

On the phone insist that you would like to talk to your! case worker the one who send you that letter. And keep calling untill you talk to her. If you want I can give you land line numbers that you can call using your mobile instead of their 0870 numbers.

Good luck.

Posted: **Wed Mar 24, 2010 11:57 pm**

You cant backdate the ILR. Simple reason is that you never become eligible automatically for ILR. You actually become eligible to "APPLY" for ILR. No matter when you applied, the ILR is valid from the date ukba made a positive decison on your application and issued it, so there is no case for backdating it.

Posted: **Thu Mar 25, 2010 9:35 am**

Hi
Today morning I telephoned home office and get to know that it is impossible to get the ILR backdated but I did not speak to the case worker but whoever took the phone when get the reply to my call. If anybody know more about this please give details

Posted: **Thu Mar 25, 2010 9:39 am**

What I wrote before:

I have also written to my case worker but I have not received any response yet.

Actually, I am thinking that how can it be tenable anywhere, a situation where the ILR stamp date on my passport for example is different from the cover letter given by HO.

How are we sure this will not be queried when I want to apply for Naturalization, that the dates on the passport is different from the HO cover letter?

Has anybody who is in the scenario described above got his/her citizenship/naturalization approved without any issue?

I think I am begining to believe I might have lost 120 days to due late application in hope that it will be backdated. If it happens I will take positive from the fact that I have atleast been given ILR and now have opportunity to be a citizen if or when I want to.

I am grateful for that, so I will conclude no disappointment overall.

What do you say?

And now:
My fears and doubt above has now been dispelled after I received a cover letter from my case worker back dating my ILR to November 2009 and stating that I will need to submit it with my passport when applying for citizenship.

This goes to show that though the ILR stamp date on your passport cannot be back dated, the backdated letter covers you for naturalization/citizenship when you want to apply.

Posted: **Thu Mar 25, 2010 10:41 am**

I wrote this:

Dear Sir/Madam,

I have recently been granted ILR but wish to receive additional information relating to the date from which I was free from immigration controls, I have written twice (letters addressed to my caseworker) seeking this information but have received no reply to my requests.

I would be glad if you could advice on further line of action.

I got this reply:

Dear Sir/Madam,

Thank you for your enquiry.

Please note you are not subject to immigration control from the date indefinite leave to remain was granted to you.

Yours faithfully,

xxxxxxx
Immigration Group
UK Border Agency

Posted: **Thu Mar 25, 2010 10:44 am**

Please let us know if anyone gets similar reply. Thanks

Posted: **Thu Mar 25, 2010 6:04 pm**

I disagree with the caseworker please! here is my own case, I floated a log the day I received my ILR and there was no backdated letter and people advised me to write HO and/or my case worker, see http://www.immigrationboards.com/viewto ... c&start=40

I then wrote HO attaching a letter:

I hereby request that you kindly issue a back dated letters to me and my spouse indicating the date we are deemed to have been freed from immigration control, that is, 01 November 2009.

Both of us were recently granted Indefinite Leave to Remain (ILR) of which we are highly grateful.

We applied under the HSMP Judicial Review Rule at PEO Cardiff using the premium service, on receiving the letters ICD.3745 & ICD.3748 today 17-March 2010, it does not state when we are deemed to have been freed from immigration control, which in our case, suppose to be from Nov 2009 because we first entered the UK 27 November 2005 using HSMP Entry Clearance.

And according to the HSMP Judicial Review Policy for applicant who entered the UK before April 2006, we qualify to benefit of a back dated letter as most of the other candidates who had applied before us.

I believe this was an oversight by the case worker, who was a very wonderful and straightforward person, who also displayed a high level customer service skill when attending to me in PEO Cardiff.

This was the reply:

Dear [Iyanu],

Thank you for your enquiry.

Please click onto the following link for clarification regarding your
enquiry:

http://www.ukba.homeoffice.gov.uk/worki ... mp-judicia
l-review-09/four-years-residence/

If you require the UK Border Agency to issue you with letters confirming the date that you were granted Indefinite Leave to Remain, you will need to send a formal, written request to the Caseworker who considered your application.

Yours Sincerely,

[Name of Replier]
Immigration Group
UK Border Agency

If you intend to reply to this email please ensure that you re-send all the information from your original enquiry.

I later wrote my case worker in Cardiff and today I received a back-dated letter explaning that I could use it when I apply for Cititizenship. In fact, two letters, one each for me and my misus.

So I think if you qualify under the HSMP JR it will definitely be back dated. And the letter will quote that becasue you applied under the HSMP Judicial Review you are have been given the back dated letter. And signed by my case worker

Posted: **Thu Mar 25, 2010 6:57 pm**

iyanu wrote:I disagree with bthe caseworker please! here is my own .....
So I think if you qualify under the HSMP JR it will definitely be back dated. And the letter will quote that becasue you applied under the HSMP Judicial Review you are have been given the back dated letter. And signed by my case worker[/b]

Thanks Iyanu, I will write once again

Posted: **Thu Mar 25, 2010 6:57 pm**

iyanu wrote:I disagree with bthe caseworker please! here is my own .....
So I think if you qualify under the HSMP JR it will definitely be back dated. And the letter will quote that becasue you applied under the HSMP Judicial Review you are have been given the back dated letter. And signed by my case worker[/b]

Thanks Iyanu, I will write once again

Posted: **Fri Mar 26, 2010 4:34 pm**

My name is HANNAN my story like this

1* 1st application for HSMP Visa December 2005.
2* Work Permite Approval letter Granted 19 January 2006.
3* 1 year (HSMP) Visa grnated 8 April 2006.
4* 1st Entery in UK as HSMP on 10 May 2006.
5* HSMP Visa extended for 4 years in UK
6* HSMP visa Valid until 8 April 2011.

Till date 4 years has been completed as HSMP.
Now i want to determine either i am elegible for apply to indefinte visa.
And let me know to apply as old or new (HSMP) case.

Posted: **Fri Mar 26, 2010 5:40 pm**

hannan wrote:My name is HANNAN my story like this

1* 1st application for HSMP Visa December 2005.
2* Work Permite Approval letter Granted 19 January 2006.
3* 1 year (HSMP) Visa grnated 8 April 2006.
4* 1st Entery in UK as HSMP on 10 May 2006.
5* HSMP Visa extended for 4 years in UK
6* HSMP visa Valid until 8 April 2011.

Till date 4 years has been completed as HSMP.
Now i want to determine either i am elegible for apply to indefinte visa.
And let me know to apply as old or new (HSMP) case.

You are covered by the HSMP Forum Ltd. Judicial Review (settlement) policy document, therefore eligible to apply for ILR after 4 years.

regards

Posted: **Sat Apr 10, 2010 10:58 am**

Hi

Thanks god I got the back dated ILR letter today morning saying that it is an oversight when dealing first and under HSMP JR it has been back dated. Thank you all for the valuable information given in the forum that prompt me to apeal for this.

Kind regards and success to all in this regards

Posted: **Sat Apr 10, 2010 3:22 pm**

bobo77 wrote:
f2k wrote:...Maybe you might want to contact the caseworker who issued your ILR to find out about this letter.
I think I will do just that.

Thanks you very much

I got the said letter today

Thanks everyone.

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