Is time wasted in Appeal count towards ILR

mvohras79 · Post by **mvohras79** » Mon Feb 18, 2013 2:57 pm

Dear members,

I have initially applied for HSMP on 28feb 2008 and my application rejected the next month or so due to missing documents which is in fact not missing and overlook initially by home office.

I file the review around April; hinting them the document already submitted with original application. They finally approved me on 17OCT. All happen under good lawyer firm FastUKPermit (now Mulbery finch).

My Question is the all time wasted in review/appeal is not my fault; Should I apply for ILR in say April(the time i file review) or wait till Oct. This whole time is their problem and should be approved the very first time without going review. Dates on passport is also Oct to Oct.

I was in SEGS visa when i first apply for HSMP.

Thanks.
Nasir

Post by **vinny** » Mon Feb 18, 2013 3:57 pm

Were you in the UK at that time?

mvohras79 · Post by **mvohras79** » Mon Feb 18, 2013 4:09 pm

Yes. I studied here and apply for SEGS (new name is post work visa) and then apply for HSMP.

Some lawyer says is possible and some says no and you still on SEGS whole the period.

chary · Post by **chary** » Mon Feb 18, 2013 9:58 pm

As per their guidelines, your time starts when you start living with the relevant visa which makes you eligible for ILR. So, since the initial approval which makes you a HSMP started in Oct (what ever be the reason for delay after your application), your time starts only from the day you got the relevant visa.

If you had problem in the extension after the initial HSMP approval then the scenario would have been different.

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Please note : I am not an expert, my knowledge is limited to my research of the information available at the UKBA and other relevant sites

AUHS · Post by **AUHS** » Mon Feb 18, 2013 11:18 pm

I can totally understand your point.

I applied in 2008 and received visa in 2011 after 2.5 years of court fight.I honestly some time think to apply ILR in 2013 as the refusal was not my mistake.

I will even file JR if Ukba don't agree.

mvohras79 · Post by **mvohras79** » Tue Feb 19, 2013 10:44 am

Thanks All for quick responses, I am start discussing this to one of the lawyer as well; might email UKBA. I post back here the outcome of that.

lucyming · Post by **lucyming** » Fri May 17, 2013 9:05 am

Pls share more info like this.

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Is time wasted in Appeal count towards ILR

Is time wasted in Appeal count towards ILR