ILR application wp->hsmp->tier

[ramsilr77]

Hi guys,

I have posted my ILR on Feb 15th 2010 , my 5 years period is formed of Work permit , hsmp and Tier1 visa and I have submitted all relavant details and my application should be stright forward.

I need to travel to India in mid of May as my wife is pregnant and we want to have our baby in India , I have taken a letter from GP to process my application quicker but still no progress and posted it last week , can any one suggest the best way to push home office.

Regards
Rams

[ramsilr77]

Hi all,

If any one got ILR who posted on or before Feb 15th 2010 , please drop a mail.

Regards
Rams

[Markie]

timelines are discussed in this thread...

Hi all,

If any one got ILR who posted on or before Feb 15th 2010 , please drop a mail.

Regards
Rams

[ramsilr77]

Hi all,

my Permenent residency application(Postal application) got refused because of strange situation.

I have extended my visa from HSMP to Tier1 on last year 2009.

I had my hsmp until September 2009 , I have applied for Tier 1 on August 2009 , my application was returned back due to some missing sections on middle of September , I have rectified it and reapplied it before my visa expires but again my application was returned back due to the issue with photos, that was on October by that time my visa got expired , I have reapplied in october then my Tier1 got accepted but they stamped my visa from the day they issued me visa.

In February I have finished my 5 years legal stay and I have applied for PR, they now refused my application saying I have applied my Tier1 visa 1 month after my visa expired but its not my fault thats the time they have taken to process my application and during that time my passport is with them only.

most silly thing is they said i cant appeal as well reason being I have my Tier 1 visa until 2012 , they should have atleast asked me for the reason I have all the correspondenses received from them ,this is pure discrimination but i dont have any choice other than spending another 1200£ for home office.

Regards
Rams

[geriatrix]

Sorry to hear the bad news, but you can't blame UKBA for not filling up the form correctly and not providing them with photographs as per the requirements.

At least they provided you the opportunity to rectify your mistakes and extended your leave ... they could have refused your extension application then for not submitting a valid application. That would have been worse than this!

regards

[ramsilr77]

can some one please advise me how do I proceed with this ILR refusal please

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this is the acutal refusal reason they mentioned:

In view of the fact that you had leave to remain under HSMP that expired on 24 September 2009 and that you did not make a valid application for leave under Tier1 until 19 October 2009, the secretary of state is not satisfied that you have spent a continuos period of 5 years in the UK in this capacity.

You are not entitled to appeal this decision, section 82 of the Nationality immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the united kingdom and so is entitled to stay here.

you still have leave to remain where your current conditions contibue to apply until 10 November 2012, please ensure that you understand the conditions of your stay

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does this mean I need to stay another 5 years to apply for ILR because of 20 days delay in submitting valid Tier 1 application ? due to a small mistake in filling the application is this a fairer decision? can I write a lettter to them or challenge their decision in court ? please advise the best way to approach

Regards
Rams

[ramsilr77]

Guys,

Please advise has any one faced this sort of scenario , please advise.

Regards
Rams

[ramsilr77]

Hi Moderators,

I have posted my case in earlier posts , I am planning to go for Judicial review , can some one advise how long it will take and what are my chances.

any advise is very valuble.

Regards
Rams

[geriatrix]

Not an expert on the matter but here's why I think you may find it difficult to get the decision changed:
1. You failed to fill the application form as was required (missing sections).
2. You failed to submit photographs according to specified requirements (issue with photos).

The fact that your passport was with the UKBA during the whole time doesn't count. The fact is UKBA did not have a valid application to consider until your leave to remain had expired (and hence your ILR clock was reset).


regards

[ramsilr77]

Hi

thanks for your reply , but my application was an extention application from hsmp to Tier 1, its not a new application for Tier 1 ,I am in continuous employment and properly paying taxes and my intention was not to overstay , this is nothing but a human error.

and another point which we across was 'The Tier1 approval letter from UKBA only state the period until which the leave to remain is granted and not the date from which the validity of leave to remain starts. “Where the notice granting leave is ambiguous over the date from which the leave is to run, this ambiguity should be construed in favour of the immigrantâ€

[geriatrix]

Hi all,

Finally UKBA has granted my ILR , we have written letter before JR and UKBA has applied descretion to my case and they approved my ILR.

but , at the time of applying my ILR my daughter was not born so she was not there on dependents , UKBA has granted ILR for me and my wife now and for my daughter they have asked me to pay fee and apply for her as dependent again.its bit confusing because no where its metioned neither a seperate form how much application fee i need to pay if I have to post seperate application for dependent, or she has leave to remain until 2012 November , I will become eligible to apply for British passport end of this year can I wait until that time and apply for British passport for her as dependent instead of sending for seperate ILR application ?

Please advise

Regards
Rams

Where is the child - in UK or abroad? And where was the child born?


regards

[ramsilr77]

hi
child was born in India but she is in UK now with my previous Tier1 dependent visa , after she came here we have posted our passports for ILR stamping after the descretion but they havent stamped for her

Regards
Rams

[geriatrix]

Since your settlement has been granted on an application submitted at a time when the child was not born, IMHO, the child couldn't have been included in the settlement application. It is a different matter that the decision got delayed for reasons stated above, but the fact is that the settlement application was submitted before the child was born.

You may apply for settlement for the child using SET(F) form.


regards

[ramsilr77]

thanks a lot for quick response , i have just checked the form and the fees for applying for child is 900£ , as I asked in previous mail she still got her dependent visa valid until 2012 November and I will get eligibility to apply for British passport in November 2011 , instead of applying for ILR now can I wait until then and apply for British passport for my daughter as my dependent ?

regards
Rams