I entered UK under HSMP in July 2004. I was supposed to apply for an extension last July to take me to my qualifying period for ILR. However, my immigration consultant filed the application (though 5 weeks before the expiry of the previous visa) with the wrong fee. The Home Office returned the application 3 weeks after the expiry of the visa to the consultant. He reapplied without telling me, this time with correct fee but an invalid version of the forms. In mid-August, the application was directly returned to me having being made on invalid forms. I took advice from Home Office advisors and reapplied with correct forms and fee requesting their discretion.
I was finally given my extension in late September (89 day gap to be precise). The letter that I received from the Home Office reads words to the effect, "As you entered UK before November 2006, your request for the extension of your stay in UK has been considered under the rules prevalent prior to November 2006 and the HSMPForum Judicial Review Judgement. Your request for extension is approved and a further leave to remain in UK is granted for 3 years. This period is sufficient for you to achieve the qualifying period of 5 years for Indefinite Leave to Remain under the existing rules."
Now with the end of the 5th year in sight, I am getting panic and anxiety attacks. I shall be grateful if any one could please advise if the above mentioned 89 day period in case of my application will be considered a visa gap. If so, will the implementation of the latest HSMPForum's Judicial Review Judgement on ILR 4-5 years provide me with any relief.
Thank you and best wishes
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