ILR after 10 months with gap. 5 years WP+HSMP+Tier1.

[deeaa1999]

Hi All,

I just want to share my experience. I have found this forum to be very helpful and probably the only source which helped me keep my hope alive. I applied for ILR on 1st June 2011 after completing 5 years.

Came to UK - May 2006 on Work permit till Jan 2007
Extended Work permit for another year from Jan 2007 to Jan 2008
Applied and Granted HSMP on June 2007 for 2 years
Then extended further under Tier1 for 3 years on June 2009

So my 5 years completed on June 2011 even though I had 1 more year of visa.
But UKBA rejected my application as they, in letter dated 3rd Aug 2011, said I have 30days gap in Jan 2007. So I applied for extension after 30 days of expiring my work permit. The extension stamp was from 1st March 2007. I applied thinking it would not be a problem as I should be covered under section 3(C), as I applied before expiring my visa. I did not get any appeal right.

So I approached a city solicitor. Asked my company solicitor who did the extension on behalf of my company back in Jan 2007 to provide me enough evidence to prove that they submitted my application before Jan 2007. They gave me the bank statement showing home office deducted the fees in 12th Jan 2007, well before 30th Jan. So wrote to UKBA with all the evidence asking them to reconsider.

As ususal after couple of months wait, even after MPs letter, when they did not replied back I send them Letter before action giving them 4 days time. They then came back after 21 days asking for few more evidences which we supplied. Then in 3rd week of Dec agreed to reconsider my case.

But again they went in hibernation for 3 months. Asked my MP to write them letter which they did. Still they did not give us any reply. I could have applied again anytime after March 2012. But as you all know the fees involed and the waiting time with new application, so I decided to give another fight.
Sent them agan letter brfore action in mid March.
This tme they got back saying they will decide the case within next 4 weeks.

Well I got my passport back last week with ILR stamped, surprisingly dated 20th March - which is few days after my letter before action date. So they back dated the stamp date.

But alls well that ends well.
I hope this example will help keep many hopes alive who is suffering due to UKBA. If you think you are right just prepare to challenge it.

Best of Luck to all.