Backdated ILR

[web2005]

I booked an appointment for myself to apply for ILR under HSMP JR. I completed 4 years in July 2009.

As I am over due, Can I apply for backdated ILR so that I can naturalize in August this year? Do they issue backdated ILR or letter themselves or I have to ask?

Any similar experiences? please help....

[web2005]

Moderators, please move this to ILR section. Thanks.

[web2005]

Isn't there anyone who has been in similar situation? I need advice:

1) Is it ok to ask UKBA for backdated ILR letter?
2) Is this something I should request in advance before my appointment or would it be ok to ask for it on the day?

Please advise...

[John]

The ILR will not be backdated. Why didn't you apply for your ILR months ago?

You cannot apply for Naturalisation until you have had your ILR for at least one year.

[bani]

Because you fall under the HSMP-JR, your ILR will be backdated to July 2009. Members of HSMP Forum are still getting backdated ILR by post.

I'm not sure why you waited this long though, you could have applied for ILR last summer, the JR was already in place. They could ask you the same.

Make sure you ask for the letter, you can ask on the day. Bring a printout of the UKBA page pertaining to the HSMP-JR that talks about the backdated letter.

Good luck.

[geriatrix]

Members of HSMP Forum are still getting backdated ILR by post.

Aren't these the group of people who saw their (4 yr.) ILR date pass them by (as JR jugment came later) and had to apply for extension (5 years)? And subsequent to the JR judgement, UKBA is issuing them backdated ILRs (and refunding them the extension application fees)?? I am not sure if my understanding of the matter (HSMP JR backdated ILRs) is correct or not, but if it is (correct), then the OP isn't eligible.

This said, OP might find reading this useful.


regards

[iyanu]

I am aware that because you qualify for ILR JR your ILR will be back dated. Just like Bani said just go with the part of the JR letter from the UKBA site, although I do not think they will give you any hassle on this.

May I mentioned that we cannot disqualify anybody on the basis of lateness to apply for ILR as in this case this guy is furtunate enough to have a rule (due to JR) in place that makes him qualify notwithstanding the time he applied and you may not know the reason for being late , which may be personal and he is not willing to share that on pages of website forum like this. Afterall, when the JR was made active by the HO, there are applicants who are over a year qualified and had to still apply and their ILR backdated and they also got refund.

Why will somebody be sounding jealous or 'floggy' about a person who was late in applying for ILR instead of celebrating the freedom that has been won through justice, which is not readily available nowadays.

Good luck Web2005 in your ILR application just go for it.

[bani]

Members of HSMP Forum are still getting backdated ILR by post.

Aren't these the group of people who saw their (4 yr.) ILR date pass them by (as JR jugment came later) and had to apply for extension (5 years)?

regards

hi sush,
even people who completed 4 years after the JR (april 2009) are still getting the backdated ILRs. HSMP forum members are reporting this, one getting his family's ILR backdated to sept 2009.

UKBA did not put a deadline to the backdating, but they might in the future so I encourage the OP and those in a similar situation to get their ILR asap.

[web2005]

Thanks all for your suggestions. I will make sure to take with me backdated ILR related print out from UKBA website.

When I was into the 4th year on HSMP the rule was still 5 years so I planned everything accordingly including to apply for ILR in 2010.

I booked myself appointment for 9th March at Croydon.

[geriatrix]

Members of HSMP Forum are still getting backdated ILR by post.

Aren't these the group of people who saw their (4 yr.) ILR date pass them by (as JR jugment came later) and had to apply for extension (5 years)?

regards

hi sush,
even people who completed 4 years after the JR (april 2009) are still getting the backdated ILRs. HSMP forum members are reporting this, one getting his family's ILR backdated to sept 2009.

UKBA did not put a deadline to the backdating, but they might in the future so I encourage the OP and those in a similar situation to get their ILR asap.

Seems there's no definite procedure being followed by UKBA. More like if one get's lucky! e.g. - this post.

regards

[web2005]

Members of HSMP Forum are still getting backdated ILR by post.

Aren't these the group of people who saw their (4 yr.) ILR date pass them by (as JR jugment came later) and had to apply for extension (5 years)?

regards

hi sush,
even people who completed 4 years after the JR (april 2009) are still getting the backdated ILRs. HSMP forum members are reporting this, one getting his family's ILR backdated to sept 2009.

UKBA did not put a deadline to the backdating, but they might in the future so I encourage the OP and those in a similar situation to get their ILR asap.

Seems there's no definite procedure being followed by UKBA. More like if one get's lucky! e.g. - this post.

regards

May be the mentioned applicant didn't ask for the letter. I am interested to know the cases where such request was denied.

[ilrwanted]

Hi ,
which " print out from UKBA website " are you refering to in your post below ? coudl you let me have the link ? i could not find any mention of backdated ilr on ukba website . thanks
Gaurav

Thanks all for your suggestions. I will make sure to take with me backdated ILR related print out from UKBA website.

When I was into the 4th year on HSMP the rule was still 5 years so I planned everything accordingly including to apply for ILR in 2010.

I booked myself appointment for 9th March at Croydon.

[ilrwanted]

Bani
which " print out from UKBA website " are you refering to in your post below ? could you let me have the link ? i could not find any mention of backdated ilr on ukba website . thanks

Because you fall under the HSMP-JR, your ILR will be backdated to July 2009. Members of HSMP Forum are still getting backdated ILR by post.

I'm not sure why you waited this long though, you could have applied for ILR last summer, the JR was already in place. They could ask you the same.

Make sure you ask for the letter, you can ask on the day. Bring a printout of the UKBA page pertaining to the HSMP-JR that talks about the backdated letter.

Good luck.

[web2005]

Hi ,
which " print out from UKBA website " are you refering to in your post below ? coudl you let me have the link ? i could not find any mention of backdated ilr on ukba website . thanks
Gaurav

Thanks all for your suggestions. I will make sure to take with me backdated ILR related print out from UKBA website.

When I was into the 4th year on HSMP the rule was still 5 years so I planned everything accordingly including to apply for ILR in 2010.

I booked myself appointment for 9th March at Croydon.

I think it is mentioned here on UKBA website:
http://www.ukba.homeoffice.gov.uk/worki ... residence/

In addition, if your application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the United Kingdom from the point when you first completed four years' qualifying residence. We will send you a letter to confirm this with your grant of settlement. If you apply for citizenship, you will need to submit this letter with your application as confirmation of your position.

[ilrwanted]

so does it mean that the Citizenship laws ( aplicable to the JR HSMP applicant ) cannot be changed retrospectively to our disadvantege )

i m under constant fear that the new conservative govt will change them before I finish my 12 months under the ILR



http://www.ukba.homeoffice.gov.uk/worki ... residence/

In addition, if your application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the United Kingdom from the point when you first completed four years' qualifying residence. We will send you a letter to confirm this with your grant of settlement. If you apply for citizenship, you will need to submit this letter with your application as confirmation of your position.

[/quote]

[f2k]

so does it mean that the Citizenship laws ( aplicable to the JR HSMP applicant ) cannot be changed retrospectively to our disadvantege )

i m under constant fear that the new conservative govt will change them before I finish my 12 months under the ILR

http://www.ukba.homeoffice.gov.uk/worki ... residence/

In addition, if your application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the United Kingdom from the point when you first completed four years' qualifying residence. We will send you a letter to confirm this with your grant of settlement. If you apply for citizenship, you will need to submit this letter with your application as confirmation of your position.

[/quote]

I think generally it takes some time to change citizenship law, from the white paper / consultation stages to the bill going through the commons and finally being implemented. If you look at the current changes i think the the process started in 2008 and the major changes wont be in place till at least July 2011.

Also I dont know if a victory is inevitable and also how big the majority will be. If majority is not too great then they might not want to try to force throuugh dractic changes.

[bani]

[quote="ilrwanted"]so does it mean that the Citizenship laws ( aplicable to the JR HSMP applicant ) cannot be changed retrospectively to our disadvantege )

i m under constant fear that the new conservative govt will change them before I finish my 12 months under the ILR



http://www.ukba.homeoffice.gov.uk/worki ... residence/

[quote]

In this specific case - HSMP Judicial Review for ALL those who applied before November 2006 - then the government cannot change the laws to go against the court orders of 2008 and 2009.