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Tier1 to ILR. Qualifying date?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ffixed
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Tier1 to ILR. Qualifying date?

Post by ffixed » Fri Apr 02, 2010 11:10 pm

I have a slightly complex case. I am currently in the UK on Tier1 visa (which was given in 2008 for 3 years). Initial application for HSMP was made in February 2006 (e.g. under old rules), however this application was declined, I then immediately requested review of the case (end of March 2006) and received confirmation of successful outcome in May 2006.

I would like now to apply for ILR in July 2010 when 4 year period is over (under HSMP ruling). However, in the view of the initial refusal of my HSMP application, I am not sure whether I actually qualify for ILR after 4 years under the ruling. I am thinking that the ruling should apply as I made initial application before April 2006. What do you think?

bani
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Re: Tier1 to ILR. Qualifying date?

Post by bani » Sat Apr 03, 2010 12:38 am

ffixed wrote:I have a slightly complex case. I am currently in the UK on Tier1 visa (which was given in 2008 for 3 years). Initial application for HSMP was made in February 2006 (e.g. under old rules), however this application was declined, I then immediately requested review of the case (end of March 2006) and received confirmation of successful outcome in May 2006.

I would like now to apply for ILR in July 2010 when 4 year period is over (under HSMP ruling). However, in the view of the initial refusal of my HSMP application, I am not sure whether I actually qualify for ILR after 4 years under the ruling. I am thinking that the ruling should apply as I made initial application before April 2006. What do you think?
As both the initial application and the review were initiated before 3 april 2006, you qualify for ILR after 4 years. Do you have proof of those dates? Any of the ff. -- copy of your application form (which would be on the old form), acknowledgment letter, correspondence about the refusal and review prior to April 2006?

ffixed
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Re: Tier1 to ILR. Qualifying date?

Post by ffixed » Wed Apr 07, 2010 4:20 pm

bani wrote: As both the initial application and the review were initiated before 3 april 2006, you qualify for ILR after 4 years. Do you have proof of those dates? Any of the ff. -- copy of your application form (which would be on the old form), acknowledgment letter, correspondence about the refusal and review prior to April 2006?
Thank you.
I think I have all paperwork (I definitely have copies of the application form, my letters, original application and review request - all of them in Feb/March). I also found confirmation e-mail from 3rd March 2006 following initial application and e-mail which they sent on 8th April 2006 after my request confirming that they received my review application.

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