apply for ILR under HSMP or wait till 2016?

[4cu]

Hi everyone, I have an complex question to ask for help, here it is:
In 2006, i've made an out of time application on 18/01, which is 18days late
it was rejected on 19/01 due to bank issue( large amount payment not allowed)
3/02/2006, sent out the application again.
5/03/2006, LTR was granted

25/01/2012 applied for Indefinite Leave to Remain. after 20 months waiting,
13/08/2013 refusal of ILT due to 35 days gap(1/1/2006~~4/3/2006)
I got my BRP card issued as Leave to Remain, work permitted

but just find out, i have applied HSMP on 19/10/2006, GRANTED on 20/12/2006, renewed on 27/01/2009 to 27/01/2012

Today when I look through:
Guidance–ILR–calculating continuous period in the UK v1 1.0

Applications under Appendix S
This is for applicants qualifying under the highly skilled migrant programme(HSMP) judicial review(paragraph 135G and 245CD).
Applicants may qualify for indefinite leave to remain after four years if they applied to the HSMP before 3 April 2006, or five years if they applied between 3 April 2006 and 7 November 2006.
For more information see related link:
Appendix S: Highly Skilled Migrants Programme (HSMP)

In it says applied between 3 April 2006 and 7 November 2006， It means I could apply for ILR under HSMP, right?
also, in October 2013, I received a reply letter from HO complaints, says' your application for ILR was granted on 30 September.'
is this a argue point? who or which department i should contact to?


Thank you!

[pinkpop]

I presume that you applied ilr under long residence(10years)?
Why not apply ilr under hsmp in2012? Does not make sense! There is clearly says 35 days gap can't beleive you still applied ilr by LR. You should know that you submitted your application late in2006 and it may considered as overstay(not sure) . Request a sar report to check.

You should be able to apply ilr when you completed 4 years under hsmp JR. Waiting for the senior to verify this.

[4cu]

I didn't work back to 2012, and i thought HSMP should be granted before 7/11/2006, but my one is on 20/12/2006. sigh.....

[pinkpop]

I didn't work back to 2012, and i thought HSMP should be granted before 7/11/2006, but my one is on 20/12/2006. sigh.....

It depends on when you submit your application not depends on when it grant.

For e.g if you post your application before 7/11/2006 then your case will be treated by before 7/11/2006.

If you still have the postage recipt for your application will be good or you can check sar and it will shows your application raised date.

Is that clear enough for you?

You need to find out what ltr you got after ilr refused as you said it is showing work permit, if this is the case then your hsmp has stopped.

[4cu]

thank you, it means i need to wait till 2016 then, right?

[pinkpop]

thank you, it means i need to wait till 2016 then, right?

You could wait until 2016 if your current visa cover upto the pierod. If your current visa under t2g work permit then if can find the right job to archive the requirment set by ho then you could have two options then. But i really doubt that your current status under work permit. As i said before find out and make sure the current leave is under which tier.

[4cu]

Thank you for your reply, i will send out request for SAR.