HSMP ILR

[Spiritman]

I need help from any one who has a good understanding of the Rules.I applied for HSMP in February 22, 2006 but was refused by the Home Office. I initiated Judicial Review action and in May 2007 I was invited to withdraw my action by the Secretary of State. I was granted a letter of approval.
However in October I had to leave the UK to apply for Entry Clerance as I was initially here as a student dependent. I was granted 2 years initially and I have just been granted an extension of 3 years.
I intend to apply for ILR in February 2010 on the basis that had my application been considered properly when I applied I would have qualified fro ILR. However if this is refused I shall apply to court again on the grounds of legitimate expectation as I was invited to withdraw my JR at the time on the basis of a consent Order that my application would be granted by the Secretary of State. I am emboldened by the fact that the HO has presently conceded to backdate letters and even count time spent in other categories for those covered by HMSP JR.
Please your thoughts on the above would be highly appreciated.

[push]

I need help from any one who has a good understanding of the Rules.I applied for HSMP in February 22, 2006 but was refused by the Home Office. I initiated Judicial Review action and in May 2007 I was invited to withdraw my action by the Secretary of State. I was granted a letter of approval.
However in October I had to leave the UK to apply for Entry Clerance as I was initially here as a student dependent. I was granted 2 years initially and I have just been granted an extension of 3 years.
I intend to apply for ILR in February 2010 on the basis that had my application been considered properly when I applied I would have qualified fro ILR. However if this is refused I shall apply to court again on the grounds of legitimate expectation as I was invited to withdraw my JR at the time on the basis of a consent Order that my application would be granted by the Secretary of State. I am emboldened by the fact that the HO has presently conceded to backdate letters and even count time spent in other categories for those covered by HMSP JR.
Please your thoughts on the above would be highly appreciated.

Did they back-date your VISA? I know its because of no fault of yours but I dont think you can get the benefit that you are seeking. The decision of Secretary of State was, I presume, for approval of VISA under HSMP and not for approval from the date of application.

There are a number of cases reported on this forum by applicants for whom the visa processing time has been inordinately long (6-12 months!! in some cases). Are you saying such ppl should get their VISAS back-dated and thus be treated as having spent such times in UK for ILR purposes? - long shot in my personal opinion.

[Spiritman]

My visa was not back dated but my understing of the law is that when cause someone to act on the basis that you would do something and you end up not doing it.
It amounts to a misrepresentation and the delay in obtaining my approval letter was as a result of the HO not accepting i was a graduate.It a long shot but I really feel short changed and I am prepared to test law based on legitimate expectation.