ILR JR complication - Consultation Needed

[rizwan567]

Dear members

I need some information for someone. Will be thankful if you could give your valuable feedback on this.

1. Applicant applied for HSMP approval letter from overseas on 21 Mar 2006 through country state post (as we have royal mail in UK)
2. Acknowledgement letter received from UKBA on 4 April confirming the HSMP reference number
3. Applicant got HSMP approval letter in Aug 2006 and got EC in Nov 2006 on the basis of application made on 21 March 2006.
4. Rules for ILR were changed from 4 to 5 years on 3 April 2006. My question is: is this applicant covered by ILR JR policy i.e ILR after 4 years of stay.

Is it the date of dispatch that is considered the date of application in this case? In UK incountry applications sent by royal mail then date of dispatch is the date of application. How about date of dispatch for overseas applications?

I wait for your valuable feedback.

[geriatrix]

1. Does he have proof of postage?
2. Was the acknowledgement letter "received" on 04-Apr, or "dated" 04-Apr and received later on?

Either way, I don't see a problem here. But, if the person wishes, he may apply for SAR and request a copy of HSMP application form and confirmation of date of receipt. It will help confirm that the application was received by UKBA before 03-Apr.

[rizwan567]

Many thanks for your reply. SAR has already been requested today. That should help in getting the answer. Any idea what is the standard processing times in getting response from SAB.

To clarify further, acknowledgment was received via email dated 5 April 2006 confirming that application was received on 4 April 2006 and allocated HSMP ref number.