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HSMP->Tier1->ILR - Possible Visa Gap?

General UK immigration & work permits; don't post job search or family related topics!

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ob40
Junior Member
Posts: 62
Joined: Thu Aug 21, 2008 6:24 am

HSMP->Tier1->ILR - Possible Visa Gap?

Post by ob40 » Wed Apr 15, 2009 7:15 am

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

tech
Member of Standing
Posts: 278
Joined: Tue Jan 06, 2004 1:01 am

Post by tech » Wed Apr 15, 2009 11:57 am

You may be alright because new ILR JR which is going to allow HSMP holders who came before April 3 2006. So relax and wait for the new forms

troyguy21
Junior Member
Posts: 67
Joined: Tue Apr 14, 2009 1:51 pm

Post by troyguy21 » Wed Apr 15, 2009 1:21 pm

Please to anyone who has gotten ILR (SETO) under HSMP or Tier1, I've been reading in this forum where people are mentioning a letter from employer as part of the required documents.

I would have thought that this is only required for those applying under Work Permit. Besides it was not mentioned in the SET(O) HSMP/tier1 form for such a letter.

Can someone who has successfully applied under this category clarify this please.

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