Problem with my IND application

I would like to share my experience with the EPO office in Croydon to which I applied for an Indefinite Leave to Remain (“ILR”).
Last week, I applied for an ILR in person in Croydon after booking an appointment. My application was based on the following:

18 months Spouses of persons with limited leave to enter or remain (holder of a UK work permit)
7 months Work Permit holder
23 months (and continuing) Highly Skilled Migrant Programme (“HSMP”)

Surprisingly, the immigration officer in Croydon refused to allow me to apply for the ILR claiming that the first period of my stay as a dependant does not count towards the 4-year requirement for an ILR and that I should return back after 18 months.

Following an advice posted on this web site, I took a copy of the Immigration Rules with me, which clearly states that as a HSMP holder I am allowed to amalgamate the above period of stay when applying for ILR. However, the immigration officer (on the ground floor) refused my explanation and said that his interpretation of the rule is different than mine. So I had no choice than to leave the building.

In the same day, I consulted an immigration lawyer who made a number of inquiries (one of them with t a supervisor at the Public Enquiry Office in Croydon) and opined that indeed I am eligible to apply for an ILR. The immigration lawyer drafted a letter to the EPO Croydon arguing my case. I took the lawyer letter and the rest of required documents again to Croydon this Wednesday and applied for ILR. Unfortunately, the Immigration Officers in Croydon refused my case one more time stating that I am not eligible yet for ILR. They claimed that my lawyer is wrong and that I was given wrong advice from the Supervisor in EPO Croydon (I gave them her name). It was very difficult to argue my case as they were rude and arrogant.

I will be very grateful for your advice about what I should do next. Should I apply by post and enclose a letter explaining my case. What are my chances of getting the ILR through that route. The advice and guidance of people on this web site are much needed and appreciated.

actually dependant does not count towards the 4-year requirement for an ILR (it's written on the immigration rules) but returning back after 18 months doesn't sound right if there were no breaks for a longer period of time in between your visas.

Also it's a bit conflicting because Immigration Rules also states that as a "HSMP holder" one is to amalgamate the above period of stay when applying for ILR.

btw is your spouse still working and on her/his own visa?

correct me if i am wrong

According to Immigration Rule number 135G, you can amalgamate a period of stay as a spouse of person with a limited leave to enter or remain (which is under paragraphs of 194-196 of the Immigration Rules) if you are applying for IND as a HSMP applicant. Below is an extract from the IND web site.

Indefinite leave to remain as a highly skilled migrant

135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:

(i) has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom in this capacity or has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom which includes periods of leave to enter or remain granted under paragraphs 128 - 319 of these Rules; and

(ii) for the period of leave as a highly skilled migrant, has met the requirements of paragraph 135A (i)-(iii); and

(iii) for any period of leave not in this capacity, has not had recourse to public funds; and

(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.

From your post it seems as if there is one person in that office who agrees with
your position. So I think if you can get in touch with this supervisor and
then, agree the day on which you will come to that office.

Then if they stop you downstairs, tell them her name and get them to talk to her.
Go up and do the same if the person who has your application gives you trouble.

The other thing I can think of is to talk to the HSMP team and get a letter from them.

I hope they haven't made you pay for these excursions.

Hope it works out for you. It can be quite stressful.