Application for ILR

[chakku71]

Has been on HSMP, due to expire in 1st July 08 (1 + 3 years). In the wake of the recent judgement, I wrote to Home office twice and the advice was not clear. Any one in this situation- should it be Tier 1 or ILR? I should be applying in June '08. Thank You

[ND]

Apply for your extension , under the new rules. Make sure you apply atlest 2 weeks before your LTR expires.

[chakku71]

Apply for your extension , under the new rules. Make sure you apply atlest 2 weeks before your LTR expires.

Thank You

[Mehr Nazakat Ali]

Hi

I am in same situation, 1+3 year is going to expire in July 08. I also need advice in this regard.

[MUGHAL]

hi there,
apply for ILR if they will refuse u can go to COURT for ILR as recently a person got ILR when H.O did not persuaded the proceedings,
i think you will surely get ILR if u have already passed 4years under HSMP otherwise you have to go after spending 5 yrs under HSMP.
NOW there is good time to apply for ILR due to showing of recently declared case for ILR.
BYE
MUGHAL

[thirdwave]

hi there,
apply for ILR if they will refuse u can go to COURT for ILR as recently a person got ILR when H.O did not persuaded the proceedings,
i think you will surely get ILR if u have already passed 4years under HSMP otherwise you have to go after spending 5 yrs under HSMP.
NOW there is good time to apply for ILR due to showing of recently declared case for ILR.
BYE
MUGHAL

Mughal, the only trouble is that we don`t actually know if this almost mythical figure was actually granted ILR. From what I understand the 'other' website has been characteristically cagey about the whole affair and has not, to date, posted any details. It might even be a ploy to attract more people to their website as I understand one has to pay a minimum of £ 50 to even go on their forum.

I would advise the OP to extend his HSMP for another year before applying for ILR...

[chakku71]

hi there,
apply for ILR if they will refuse u can go to COURT for ILR as recently a person got ILR when H.O did not persuaded the proceedings,
i think you will surely get ILR if u have already passed 4years under HSMP otherwise you have to go after spending 5 yrs under HSMP.
NOW there is good time to apply for ILR due to showing of recently declared case for ILR.
BYE
MUGHAL

Mughal, the only trouble is that we don`t actually know if this almost mythical figure was actually granted ILR. From what I understand the 'other' website has been characteristically cagey about the whole affair and has not, to date, posted any details. It might even be a ploy to attract more people to their website as I understand one has to pay a minimum of £ 50 to even go on their forum.

I would advise the OP to extend his HSMP for another year before applying for ILR...

I agree, the prolem is that the immigration tribunal could have judged in the persons favour on compassionate grounds and the real reason for home office to not contest the appeal is more a guess. If we were to apply for ILR, the problem is that it has to be done using an application which requires you to show the evidence for 5 years along with the other things like english language as well as life in U.K test. If they were to reject, then we may need to appeal- not sure whether we can apply in another category while the appeal is pending. A lengthy process indeed.

[Frontier Mole]

Unless the case was "starred" it is meaningless. You can not enter an AIT determination into an appeal unless it is a direct family relation or is starred. In the case of family relations it has no force other than to support the current appeal. Previous cases that involved family relations are not binding or persuasive on the court.

Starred cases are those that the AIT state that at deciding or guide cases. Anything else is ignored by the judge.

Higher court cases from the Court of Appeal, House of Lords, and ECHJ are all binding on the AIT.