strange situation for ILR

[settler]

I have a query regarding the new 4 year ILR rules (Judicial Review judgment of 6 April 2009).

I had initially applied for my HSMP approval in January 2006 which was refused due to error in assessment. I, therefore, re-submitted a fresh application in june 2006 claiming the same points and using the same documents as I had done in January 2006. This time was application was approved and my HSMP approval letter is dated june 2006.

However, the reference number on my HSMP approval letter is the same as the reference number mentioned on my first refusal letter (January 2006).

My query is regarding my qualification under the 4 year rule. Since I had initially applied before 3rd April 2006,and the reference number given to the first and later fresh application is the same, I feel I qualify under the judicial review judgment of 6 April 2009 to apply for ILR after 4 years? if home office considered my second application as a fresh one why did not they give me another reference number for the later fresh application. Giving the same reference number for the later application itself shows that my application is assessed based on the first initial application. I called home office two days back and a lady who spoke to me have not given me any advice clearly but was herself in a dilemma.

An early response to this query from the seniors will be highly appreciated.

[geriatrix]

Was the fresh application (in April 2006) submitted before 03-Apr-06? If not, you will qualify for ILR after completing 5 years stay in UK.

regards

[settler]

yes, in june but i have valid visa only until september2011 because my visa was issued in september and I entered UK on dec 7th 2006.if it is 5 years does that mean that i need to go for visa extension first and later for PR.

[geriatrix]

I am not asking about the date of HSMP approval letter, but whether the 2nd (fresh) application was submitted before 03-Apr-06.

regards

[settler]

sorry for the previous post, i mean i re submitted my fresh application after 3rd april2006.

settler

[geriatrix]

When (date) did you enter UK on HSMP visa?

regards

[settler]

that was on 7th dec 2006

[settler]

Sush please help me out in this, should i contact HSMP forum

[settler]

because then we did not have any provision of sending additional documents i was asked by home office to submit the required document using fresh application form. but the reference number given to the fresh application is the same and i recieved approval letter with the same reference number that was given for the initial application submitted before 3rd april 2006.

Any body in the similar situation please help.

[geriatrix]

You'll qualify for ILR on 7-Dec-11. Thanks to HSMP JR, you'll still be able to apply for ILR even though earned citizenship rules would be in force by then.

Reference number of HSMP application has nothing to do with your eligibility for ILR (it is UKBA's internal matter how they identify applications) - the fact is that you did not appeal the initial refusal but made a "fresh" application after 03-Apr-06.

Since your current leave is due to expire in Sep 2011, you'll need to apply for extension (under old HSMP rules) before you qualify (and apply) for ILR.


regards

[geriatrix]

From the posts I have read on the forum, people who apply for a second time (after refusal) may be given the same reference number as in their first application (example 1, example 2). That doesn't mean that one can consider a successful second application (approval) as an approval of their first application - just because the reference number happens to be the same!

regards

[settler]

thank u very much Sush.

Is there any one in the similar situation like me.

[mrlookforward]

There might be other people, but you have the accurate advice, and as adviced you will have to apply for an extension before you apply for ILR.

[alientrader]

I have a query regarding the new 4 year ILR rules (Judicial Review judgment of 6 April 2009).

I had initially applied for my HSMP approval in January 2006 which was refused due to error in assessment. I, therefore, re-submitted a fresh application in june 2006 claiming the same points and using the same documents as I had done in January 2006. This time was application was approved and my HSMP approval letter is dated june 2006.

However, the reference number on my HSMP approval letter is the same as the reference number mentioned on my first refusal letter (January 2006).

My query is regarding my qualification under the 4 year rule. Since I had initially applied before 3rd April 2006,and the reference number given to the first and later fresh application is the same, I feel I qualify under the judicial review judgment of 6 April 2009 to apply for ILR after 4 years? if home office considered my second application as a fresh one why did not they give me another reference number for the later fresh application. Giving the same reference number for the later application itself shows that my application is assessed based on the first initial application. I called home office two days back and a lady who spoke to me have not given me any advice clearly but was herself in a dilemma.

An early response to this query from the seniors will be highly appreciated.

Did you use the form pre-3/4/2006 or the new form post 3/4/2006, when you reapplied the 2nd time around?

[geriatrix]

Did you use the form pre-3/4/2006 or the new form post 3/4/2006, when you reapplied the 2nd time around?

Is that relevant here?

sorry for the previous post, i mean i re submitted my fresh application after 3rd april2006.

settler

regards

[settler]

In the old form only.Though by then the rules have changed, the application form used by me was the old one because the new application did not come into force by then.They have given on the application the valid date on the application form from 3-4-2006 to 18-6-2006.

[alientrader]

In the old form only.Though by then the rules have changed, the application form used by me was the old one because the new application did not come into force by then.They have given on the application the valid date on the application form from 3-4-2006 to 18-6-2006.

I don't quite understand, if the new forms came out on 3/4/2006, and you reapplied in JUNE 2006, then how can they accept those forms which were published prior to 3/4/2006??

[alientrader]

Did you use the form pre-3/4/2006 or the new form post 3/4/2006, when you reapplied the 2nd time around?

Is that relevant here?

sorry for the previous post, i mean i re submitted my fresh application after 3rd april2006.

settler

regards

Hmm I am just trying to understand,if HO accepts an out of date form, dosen't it tacitly imply that he falls under the previous regime, otherwise they would have rejected it and asked him to use the new form

[settler]

Because when i applied the second time by the end of april the new forms did not come into force. The new forms were published only after june 18. 2006. The application form which i filled was sent by home office which specified the validity of the form from 3-4-2006 to 18-6-2006, which was in fact the old version itself. The fact that the second application sent by me had the same set of documents submitted in the first application except only one single document asked by the home office to submit additionally.

[alientrader]

Because when i applied the second time by the end of april the new forms did not come into force. The new forms were published only after june 18. 2006. The application form which i filled was sent by home office which specified the validity of the form from 3-4-2006 to 18-6-2006, which was in fact the old version itself. The fact that the second application sent by me had the same set of documents submitted in the first application except only one single document asked by the home office to submit additionally.

I see, so its the same form essentially, but the form that you used had a notation, HSMP 1(Form version 04/06), and the one before 3-4-2006 was HSMP1 Form Version 04/05, am i correct?

[settler]

iam not sure, but following statement was given in the guidence notes published during my second application after 3rd april:based on the following statement i submitted the second application which had only one additional document.


Requesting reconsideration of an HSMP Decision with new supporting information
25. If your HSMP application is refused and you wish to submit further information for consideration, then you must make a fresh application. You should send a fully completed application form together with supporting evidence, and the associated fee to:
Highly Skilled Migrant Programme (HSMP)
PO Box 551
Home Office
Doncaster
DN1 1XU

[settler]

Can anybody tell me the exact mail adress of UKBA?

[alientrader]

my unprofessional opinion is you will not qualify, unless you feel like taking a gamble, expensive though almost 900 pounds in fees

[geriatrix]

I see, so its the same form essentially, but the form that you used had a notation, HSMP 1(Form version 04/06), and the one before 3-4-2006 was HSMP1 Form Version 04/05, am i correct?

IIRC, yes.

regards

[leafbbi]

I am in similar situation but I requested a review instead of making a new application. I thought the same ref number on the approval letter and the refusal letter can prove i submitted my initial application prior to 3rd April but it seems it cannot. My initial application was definiately made before 3rd April as the refual letter dated 6th Mar. The reveiw request must be submitted within 28 days from 6th Mar, which was just until 3rd April. I remeber I faxed the review request a few days before the deadline. I feel I should be considered under JR as my initial application was reviewed and approved although unsucessful initially. But no idea how UKBA would say or if they have the record in their system. I didn't keep the fax copy of review request so have no proof of the date when review request was submitted.