Unsure re qualifying period

[singhshivs]

I would like to get some advise from you about the Indefinite Leave to Remain application I hope to submit soon, however I am finding the information available on this a bit ambiguous, therefore thought best if I get you to handle the matter for me.

I submitted the application for my HSMP via an immigration consultant in February 2006, this application was declined by the Home Office stating that I did not have sufficient points. The consultant company appealed this decision in March 2006. We had lots of back and forth between them and the Home Office all through March to June 2006 because of mistakes made by the Home Office processing team.

In June 2006 I was then referred to an Immigration Solicitor, who continued correspondence with the Home Office going to the extent of threatening Judicial Review if they did not provide a proper review of all the documents submitted Februray 2006. The Home Office then responsed and granted me my HSMP in August 2006 (6 months later after a phenominal amount of money in fees to both the Immigration Consultancy and Solicitor)

I need to establish if I qualify for ILR now in August 2010 (i.e. 4 years continous stay) based on the fact that my application was submitted in Feb 2006 whilst the law was still 4 years for ILR or do I fall into the 5 years for ILR because my application was only approved in August 2006?

I have consulted the Immigration Solicitor that I used in 2006, who has been very unhelpful and has very rudely imformed me that I have to wait till August 2011 (5 year ILR) because my approval was recieved after 3 April 2006 and the date of my application makes NO difference what-so-ever.

I have been reading through these immigration boards and have seen a few strings that state the 4year ILR should be based on the date the application was received by the Home Office and not the approval date.

Of course this is a bit of an unsual situation because of the time period between my application and approval.

Please can you advise if I am able to proceed with my application now in August 2010 (4 year ILR) and if so can you recommend a credible Immigration solicitor I could used for this?

Urgent feedback much appreciated.

[geriatrix]

Read this document carefully: HSMP Forum Ltd judicial review (settlement) policy document

and tell your solicitor to take a hike!



regards

[singhshivs]

Thanks for the very prompt response, much appreciated.

I will have to look through all my documentation to see if I can find my application comfirmation date, is there a simpler way to get this?

Also how do I go about getting an appointment in croydon to apply for ILR in person.

Thanks

[mrlookforward]

http://www.ukba.homeoffice.gov.uk/conta ... pointment/

[singhshivs]

I have another question.

The online facilty and also posts on this board mentions that you can only apply for ILR 28 days before your leave expires.

My application was approved in August 2006 (6 months after my application in Feb 2006), therefore had initial grant of two years and then a further grant of three years, therefore my current Residence Permit expires on 11 Aug 2011.

Is this going to be a problem to apply now in August 2010?

Please help verify, I have had many issues with Home Office Case workers in the past therefore want to make sure I've covered off everytyhing before I apply.

Thanks

[mrlookforward]

I have another question.

The online facilty and also posts on this board mentions that you can only apply for ILR 28 days before your leave expires.

My application was approved in August 2006 (6 months after my application in Feb 2006), therefore had initial grant of two years and then a further grant of three years, therefore my current Residence Permit expires on 11 Aug 2011.

Is this going to be a problem to apply now in August 2010?

Please help verify, I have had many issues with Home Office Case workers in the past therefore want to make sure I've covered off everytyhing before I apply.

Thanks

If you are eligible to apply on or before 11 aug, then what could possibly be a problem?

[geriatrix]

The online facilty and also posts on this board mentions that you can only apply for ILR 28 days before your leave expires.

Not 28 days before your leave expires, but no earlier than 28 days before qualifying for ILR (in your case, 4th anniversary of date of entry in to UK).


regards

[geriatrix]

Thanks for the very prompt response, much appreciated.

I will have to look through all my documentation to see if I can find my application comfirmation date, is there a simpler way to get this?

Also how do I go about getting an appointment in croydon to apply for ILR in person.

Thanks

Do you have a copy of the refusal letter that UKBA sent to you (March 2006)? Proves you submitted application before April 2006!


regards

[singhshivs]

Thanks, that's wonderful news

I think do have the refusal letter from them, if not I will have to get a copy from my solicitor.

Do you recommend I take this along with me and also a copy of the Judicail Review Judgement when I go to apply at Croyden.

Your assistance in this matter is much appreciated.

[geriatrix]

Do take a copy of the refusal letter. Also, if you have copies of written communication regarding your review / appeal that shows the date of review / appeal submission.

HSMP JR copy not needed, IMHO, but no harm in carrying it with you.


regards

[singhshivs]

Hi,
I have managed to locate the acknowlegement of receipt from the Home office for my application dated 14 March 2006, unfortunately this is a copy sent to me from the immigration consultancy I engaged to to the application on my behalf.

Will this copy be okay to use for my JR ILR 4 year period?

Also I am unable to locate a copy of the initial refusal letter, but to have a copy of the refusal letter sent to me after we appealed this. As explained this back an forth went on until a solicitor threatened with Judicial review.

Please advise?

[geriatrix]

Copy of any communication between UKBA and you/your solicitor should suffice referring to initial application / refusal should suffice.


regards