Help required Urgently!! query regarding ILR!

[sonny79]

Hi!
Could someone please guide me about this?
I had applied for my HSMP on the 18/02/2008 and got the approval letter on 03/03/2008 against the qualifying criteria - from 05/12/2006.
I received a further letter stating that the application had been made. The letter was dated 18/04/2008
However, after that my application got stuck at the UKBA for two years. I was in touch with them trying to figure out the status of the application. But all I heard was it was under consideration.
I finally received my passport in 2010 with T(1)G visa stamp with expiry date set to 09/02/2013.
Since the application was stuck with UKBA for two years and then I had T(1)G stay of three years (as the application was made in Feb 2008), does this entitle me to applying for ILR? I had spoken to a lady at UKBA who said something to the tune of the fact that if I send in my application it would be picked up for ILR. (If I was to post it, it would take me past the 5 years period which entitles me to ILR. But i don't wanna go down the postal route. Would prefer to apply by PEO.) If I request UKBA to consider the shortfall of 9 days and allow me to apply for ILR, would they do this? Are there any precedents on this that anyone is aware of?

And if I am right the PBS should be used on the basis of the qualifying criteria of the date I made the application for HSMP approval i.e., 18/02/2008?

Thanks

[Lucapooka]

http://www.immigrationboards.com/viewto ... 729#622729

[sonny79]

Don't quite understand how this works. Since applying for approval it has been 5 years on T1(G).
would that count as me being on IGS? or on T1? since the application was made before the Tier1 update came into effect how would that affect my application?
Can someone shed some light on this?

[sonny79]

Don't quite understand how this works. Since applying for approval it has been 5 years on T1(G).
would that count as me being on IGS? or on T1? since the application was made before the Tier1 update came into effect how would that affect my application?
Can someone shed some light on this?

[Lucapooka]

From your original thread

IGS can't be aggregated with HSMP/Tier 1 to make up the residence period for ILR.

I don't know why you waited two years for the IGS to Tier 1 switch, but your residence period for ILR began in 2010 when the Tier 1 was approved.

[sonny79]

I didn't wait for the switch. I applied for HSMP on 18th March 2008 (as I stated in my initial post.) I got the approval letter after that (dated 18th Apr 2008.) Made the application on the basis of the approval letter posted same day.
However, after that my application was stuck with UKBA for two years - and it was completely out of my hands. My passport got stamped in Feb 2010. So it was not I who was responsible for the delay in getting the stamp. I started the process the same day I got the approval letter.

If this makes it any clearer then could you now tell me how the above circumstances would affect my case?

[vinny]

I have a query regarding whether I should apply for ILR under Long Residence or not. Mine is a complicated case & so request your patience for the same.
I arrived in UK on the 19th Sept 2003 on a Student Visa (the passport was stamped with the visa just a week before that). The visa was originally for 2.5 yrs which I later extended for another year. I then had to go back to India (mid 2006) and get a tourist visa to complete my Dissertation (which I successfully completed).
Towards the end of the Tourist visa, I went back and as I was now eligible for IGS visa, I got that one. There was a gap of about 8 days between the expiry of the previous visa & getting the IGS visa. I had applied for my IGS on the 21st Feb 2007 and got my visa the next day at the local office in New Delhi.
This was followed by my application for HSMP on 18th Feb 2008. I got the approval letter in March 2008. My solicitor sent my passport to the Home office for stamping soon after. However, I didn't get anything back from them till Feb 2010. The application was successful & my passport stamped with Tier 1 General vignette. It was stamped on the 10th Feb 2010 with leave till 9th Feb 2013.
I posted my application for my tier 1 Extension on the 8th Feb 2013. However, this was refused on 28th March coz they could not corroborate part of my earnings. I filed for the appeal soon after & had my hearing on 3rd Sep. The appeal was unsuccessful, followed by unsuccessful filing of permission to appeal with UT, first with the First Tribunal, and then with Upper Tribunal. The refusal by the UT was on 25th Sept.
In the meanwhile, I completed my 10 yrs long stay in UK. My questions are:
a) Am I eligible to apply under ILR? I did go back to India to visit my parents a few times and a couple of trips to Europe in the 10 yrs. However, all of these visits don't add up to 180 days.
b) Since my passport is still with the Home Office, I have no idea of my entry and exit dates from UK. So am not sure how to enter the dates in the Section D of FLR (LR). Is there a way for me to pick up my documents from the Home Office local office in the next week or so and then use them to file my application?
c) Also I was caught driving without insurance. Would that affect my application (If I do decide to file it)? I am assuming it would be better to state the offence in the application. I have a provisional license and got my car insured on the same. I was under the impression that I can drive the car under supervision and hence had it insured under my name and told the insurance firm that I have a provisional license. The day I was caught, I was taking the car down to leave it at the local garage (at 6AM) to get one of my rear lights fixed. I was given 6 points & a fine (which I have paid) after I pleaded guilty by post.
What are my chances? Could one of the senior members please post a reply urgently?
Many thanks in advance.

[sonny79]

Could any of the senior members please reply ASAP?

Does anybody know if the ICE department would have my documents since the rejection of my appeal?