Refused HSMP but eligibel for ILR ?

Pankaj_Mishra · Post by **Pankaj_Mishra** » Fri Oct 12, 2012 11:06 pm

Hello Everyone,
I came to UK in September 2007 and as a result I am eligible for ILR now, but my current visa was expiring in July 2012, so I applied for HSMP extension before that. I just got a letter that it has been refused and I have got 28 days to appeal. I just wanted to know that can I still apply for ILR since I am in UK for 5+ years.
Thanks
-Pankaj

Post by **geriatrix** » Fri Oct 12, 2012 11:50 pm

What is the reason for refusal (of extension)? Since the PBS eligibility criteria for ILR is same as Tier 1 (General) extension, do you qualify for settlement despite the extension refusal?
Check the refusal letter again - do you have 10 days to appeal or 28?

An out of time application for settlement within 28 days of becoming an overstayer is possible (245CD(i)).

Pankaj_Mishra · Post by **Pankaj_Mishra** » Sat Oct 13, 2012 12:05 am

I have got 28 days to appeal and I am planning to apply for ILR within that time frame.

I am a self employed person and the reason of refusal was not getting enough money. Actually I claimed some of the money as "Expenses" which they didn't consider. If I would have would have claimed that as "bonus" or "Reward" or anything like that, then my points would have increased and my application would have been accepted.

I just wanted to know that I can still apply for ILR within this 28 days ?

Post by **geriatrix** » Sat Oct 13, 2012 12:06 am

sushdmehta wrote:An out of time application for settlement within 28 days of becoming an overstayer is possible (245CD(i)).

Pankaj_Mishra · Post by **Pankaj_Mishra** » Sat Oct 13, 2012 12:18 am

Thanks for the clarification. I will apply ASAP...

Post by **Greenie** » Sat Oct 13, 2012 5:02 am

Are you sure you have 28 days to appeal? For in country appeals It is usually 10 working days unless you are detained in which case it is 5 working days. You cannot make another application whilst you still have the right to appeal (the application would be considered invalid)

Pankaj_Mishra · Post by **Pankaj_Mishra** » Sat Oct 13, 2012 6:14 am

Thanks Greenie,
But what if I don't want to appeal and make a fresh new ILR application ?
I suppose I have 28 days in that case, isnt it ?

wpilr_nov12 · Post by **wpilr_nov12** » Sat Oct 13, 2012 9:11 pm

Pankaj_Mishra wrote:Thanks Greenie,
But what if I don't want to appeal and make a fresh new ILR application ?
I suppose I have 28 days in that case, isnt it ?

28 days from which point? Please someone confirm.

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Refused HSMP but eligibel for ILR ?

Refused HSMP but eligibel for ILR ?