ILR Backdated Letter for HSMP JR between 03.11.2006 to 07/11

[I-L-R-2011]

Dear Members,

I am HSMP Holder and fall under the HSMP JR criteria between 03/04/2006 and 07/11/2006.

I would like to clarify regarding HMSP JR holder (03/11/2006 to 07/11/2006) who are successful in their ILR application, will also be considered to have first obtained ILR from when they had completed five years qualifying residence for the purpose of any subsequent citizenship application?

Example:

Visa category: HSMP Judicial Review (03/04/06 to 07/11/2006)
Came in the Country on 27/09/2006
qualified for 5 years residency period on 30/08/2011.
applied for ILR application on 31/08/2011.

If the ILR postal application process took around 3 months to process and approve by UKBA in November 2011. Can I get the letter from the UKBA saying that my ILR was started from 31/08/2011?

Thanks,

[BigSam]

Hi I-L-R-2011,

From my experience, the home office do not back date any successful applications, your stamp will be bear the date of when it was issued. Your status will continue to remain legal as long as you apply prior to the expiry of your existing leave. Please see below extract from the UK Border Agency website:

Frequently Asked Questions

• What is my immigration status while my application is being decided? Close If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

although I think your five years count towards your citizenship application, I will leave this for someone else to confirm as I am not sure

[geriatrix]

If this was to be allowed, then every applicant who applies by post would want the ILR (or, for that matter, any other leave that one applies for) to be granted from the day UKBA receives the application / payment is debited.

HSMP migrants covered by JR have the option of applying in person if they wish to avoid procedural delays by UKBA.


IMHO ...

[I-L-R-2011]

Thanks for your Reply Bigsam, I know the that there will be no back stamp on the passport for ILR it will only be the stamp date when the case decided. My question was, can be get backdated letter from case worker apart stamp on passport. I know that there is a clause in HSMP JR policy doument for HSMP holder before 03/04/2006, they can get the backdated letters along with passport stamp, enabling them to apply for subsiquent citizenship if there application is delayed due to processing timings(postal application)

But its not mentioned about the HSMP holders between 03/04/2006 to 07/11/2006 will get the same backdated letters for ILR.

Thats the reason I like to find out If HSMP holders between 03/04/2006 to 07/11/2006 are also eligible to get those letters from ukba or not?


Regards

Hi I-L-R-2011,

From my experience, the home office do not back date any successful applications, your stamp will be bear the date of when it was issued. Your status will continue to remain legal as long as you apply prior to the expiry of your existing leave. Please see below extract from the UK Border Agency website:

Frequently Asked Questions

• What is my immigration status while my application is being decided? Close If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

although I think your five years count towards your citizenship application, I will leave this for someone else to confirm as I am not sure

[geriatrix]

I know that there is a clause in HSMP JR policy doument for HSMP holder before 03/04/2006, they can get the backdated letters along with passport stamp, enabling them to apply for subsiquent citizenship if there application is delayed due to processing timings(postal application)

Where in the HSMP JR policy document is this stated?

[I-L-R-2011]

If you look at the Point 10 and 16 of the policy doument, They mentioned that "MIGRANTS WILL ALSO BE CONSIDERED TO HAVE OBTAINED ILR FROM WHEN THEY HAD FIRST COMPLETED FOUR YEARS QUALIFYING RESIDENCE FOR THE PURPOSE OF ANY SUBSEQUENT CITIZENSHIP APPLICATION"

As i understand from the above mentioned point from policy doument that hsmp holders before 03/11/2006. are entitled to get the ILR status once they complete four year residence trishold, (for sucessfull applicants). by any reason if there application delayed for several months(postal application) and stamp on the passpost might the current date but they will get backdated letters long with there passports.

There were several cases i have seen in this forum for the same.

and my interest is to know whether the hsmp holders between 03/04/2006 and 07/11/2006 are treated same? coz its not mentioned in the policy doument.

thanks,

I know that there is a clause in HSMP JR policy doument for HSMP holder before 03/04/2006, they can get the backdated letters along with passport stamp, enabling them to apply for subsiquent citizenship if there application is delayed due to processing timings(postal application)

Where in the HSMP JR policy document is this stated?

[geriatrix]

by any reason if there application delayed for several months(postal application) and stamp on the passpost might the current date but they will get backdated letters long with there passports.

Rather than reading what you wish to read, it will help if you read the whole document. The sub-headings above paras 10, 16 and 23 explain the scenarios when this may be possible. You are imagining that "delays due to processing" is amongst those scenarios (and claim to have seen it mentioned in the policy guidance). Despite the "reasons" being clearly mentioned, you claim that the policy states that back-dated letters will be issued "by any reason" (or you infer so).

While there have been numerous cases where back-dated letters have been issued but I will be surprised if you can find one where a back-dated letter has been issued for reason(s) other than those clearly mentioned in the policy document.

The scenarios explained do not apply to the section of HSMP migrants that you refer to (03-Apr to 07-Nov) because the judgement and the JR policy document were already in place (and in practice) before any of such migrants even became eligible to apply for settlement (i.e.- the policy guidance was issued in July 2009 but the earliest that such migrants have become eligible for settlement is April 2011).