Croydon 16th May Success - Strange situation

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 9:34 am

Hello all. I am currently in Croydon PEO For my ILR. It has been granted and I am awaiting passport.

The caseworker has given me a letter saying I am deemed to have given ILR in 2010. I trier to explain het that I m applying under JR between April and Nov, so it should be 5 years for me and not 4. She checked her system and said that no her system says 4 years for me according to previous application history.

I am not sure if she is correct or if I have missed something.

Now if I apply for citizenship using this letter, can that still cause problem?

Wht can I fo to ensure that I m not making a mistake.

Thanks

jerryyang · Post by **jerryyang** » Mon May 16, 2011 9:54 am

No idea. But good luck man! I have the same VISA situration with you.

rentmeda · Post by **rentmeda** » Mon May 16, 2011 10:02 am

Hi Congrats,

What documents have you been asked to submit.
As in your previous posts you mentioned about having lost some P60's. Did they ask for any.

John · Post by **John** » Mon May 16, 2011 10:08 am

vipul1981, I think you need to wait and see what the ILR visa actually says. Do let us know.

smaganti · Post by **smaganti** » Mon May 16, 2011 10:10 am

Hi,

Congrats..

could you please let us know the documents you've been asked for...

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 10:15 am

Jerry, thanks and same to u.

Rentmeda, I obtained letter from HMRC for past 4 years and attached 2010-11 P60. No questions asked.

John, I will update the forum as soon as I get the stamped passport. What should it say to make me eligible to apply for Citizenship in June this year?
Another thing John, the CW has already given me a letter explaining the backdated ILR and have Asked me to enclose it with citizenship application

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 11:29 am

Hi John, I have got the passport now. It says issued on 16th May 2011 and validity Indefinite and other general details.

As I mentioned earlier, the caseworker has given me a letter conforming I became free from visa restrictions in June 2010.

Please let me know if I should be going ahead with Naturalisation in June this year.

rentmeda · Post by **rentmeda** » Mon May 16, 2011 11:51 am

Hi Vipul,

How long did it take to get the letter from HMRC and does it list tax payed each year and the name of the employer, or can you tell what information the letter had on it.

John · Post by **John** » Mon May 16, 2011 11:51 am

It does sound like you can apply for Naturalisation next month.

However I think it would be helpful if anyone who has previously got the sort of letter you mention, what was their experience applying for Naturalisation?

I accept that is a caution approach but I think that is right, given the amount of the Naturalisation application fee.

Other opinions very welcome.

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 12:36 pm

Hi Rentmeda,

It took under 2 weeks.

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 12:38 pm

Hi John,

I have gone through requirements of Citizenship as well and it says following

Quote
Immigration time restrictions
You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.
If you are free from immigration time restrictions, there will probably be a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions. See The documents we require for naturalisation applications for details of how to prove you are free from immigration time restrictions.
Unquote

The letter clearly says that I am considered to have been free from immigration restrictions from the date specified (12th June 2010)

I request people with similar experience to please respond.

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 12:40 pm

Smagnati, thanks.

Following is the list of docs i submitted. I wasnt asked for any other documents

App form
HSMP Letter 2006
Tier 1 Letter 2008
Employer Letter
6 months pay slips
6 months bank statement
2010-11 P60
HMRC earning statement for 4 previous years

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 1:11 pm

Sushdmehta, any inputs?

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 4:29 pm

Sushdmehta,

I was hoping if you can respond. Seen that you have input on Citizenship matters, Will appreciate your response.

geriatrix · Post by **geriatrix** » Mon May 16, 2011 8:15 pm

Had you been living in the UK under a qualifying immigration category (e.g. - WP) before you applied for HSMP in 2006? Or did you travel to UK first time ever after receiving entry clearance based on your HSMP approval?

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 8:28 pm

Hi SushdMehta,

Thanks for your reply.

I was already in UK. I was under WHM in UK since September 2004.

Thanks

geriatrix · Post by **geriatrix** » Mon May 16, 2011 8:44 pm

WHM isn't a qualifying immigration category (for settlement), so the letter you have received stating that you have been deemed free of immigration time restriction since June 2010 has been issued in error (incompetence of the caseworker).

If it is the case that UKBA cannot rectify any error regarding an (already issued) endorsement if and when they discover the error, then you may make an application for naturalisation in June 2011 (one year from the day you are deemed free of immigration time restriction) on the basis of this letter.

But, if UKBA discovers the error and has the legal authority to rectify the mistake, then if you make an application for naturalisation and the caseworker notices that the letter has been wrongly issued, then your naturalisation application may be refused. In such case, whether or not you'll be entitled to a (naturalisation application fees) refund is something I cannot comment on.

vipul1981 · Post by **vipul1981** » Mon May 16, 2011 8:56 pm

Thanks mate. U think it's worth calling HO and discuss.

Few people I discussed this with said that I should go for Naturalistion as I have the letter which clearly says it. Reason I am inclined towards this is that I genuinely don't remember my HSMP application date.

geriatrix · Post by **geriatrix** » Mon May 16, 2011 9:04 pm

What is the issue date of the leave to remain you were granted on basis of HSMP approval?

Requesting a copy (of HSMP approval letter submitted alongwith FLR(IED) application in 2006) through SAR may help you figure out your HSMP application date (perhaps?).

vipul1981 · Post by **vipul1981** » Tue May 17, 2011 5:50 am

Issue date was 12th June. This is the stamp date of first HSMP

vipul1981 · Post by **vipul1981** » Fri Sep 30, 2011 2:52 pm

Just to let folks here know that I did obtain citizenship and completed the process in August.

Thanks for your help

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Croydon 16th May Success - Strange situation

Croydon 16th May Success - Strange situation