My appointment was at 14:15. I reached home office building quite early so had to wait outside and decided to go a nearby shopping mall. They let me in around 13:45. Airport style security checks and after paying fee I was in the waiting area.
I was expecting my name to be called within half an hour at most as some friends told me that they are less busy during afternoon session but after a long wait I was called at 15:30.
The caseworker saw my application form and checked the category and then confirmed with me that I am applying under judicial review. She then asked for passports, 3 months bank statements, 3 months pay slips, 5 yrs P60s and employment letter.
She then started working on my case and occasionally going away to discuss my case with another colleague. After 30 mins or so she told me that I don’t come under judicial review category and I was shocked as my original HSMP letter clearly mentioned I was under old rules and even my Tier 1 extension letter clearly stated that I got extension based on old rules and covered by JR. The problem is she didn’t ask me for those imp docs which would have clearly demonstrated that I come under JR. Anyway when I mentioned and tried to show her those docs she quickly went away and brought her senior colleague.
The senior colleague came in and told me that my colleague is saying you have more docs to prove your case. I said to myself if only the initial CW would have asked for those in the first place. Anyway I told the same to the senior CW. She mentioned according to our system your initial HSMP was rejected and then you appealed. I said yes you are right. Then she said our system is showing you made another application on 30th Nov 2006 while you initial appeal was in progress and we believe that’s why you don’t come under JR. I was so surprised by the lack of knowledge and basically common sense from even the senior CW. How come I would have applied for a 2nd application when I don’t have any approval letter to show for it and most importantly how can at the time of extension they themselves consider my case to be under JR and issued me a letter stating the same. She also asked me do I have my original refusal letter with me and I said why should I carry the refusal letter when I have got the original HSMP approval letter. Anyway to cut the story short I told her both letters clearly demonstrated that although my initial HSMP was approved in Dec 2006 it was approved based on the old rules and thus I fall under JR which is also proved by the extension letter from home office itself. The senior CW then left and the initial CW started working on my case. After a while initial CW told me that senior CW is trying to locate another experience senior manager. I said ok. I was thinking how stupid they can be and I was making myself ready for anything. The problem was I was 100% sure that I am right and their system is misleading them but what if they will send my case for further consultation or even worse reject it as then the whole point of going to a PEO and paying premium fee will be pointless. I was praying that they should realize the quite obvious thing. After some time my prayers were answered and the same lady came to the initial CW and told her that basically it was the 2nd review of the original HSMP application which they thought was a brand new application. The initial CW then after some mins told me I have been granted ILR and come back after 45 mins to collect the passport. Since you cant leave the building after 4pm I stayed in there and got my and wife’s passport at around 17:45.
In the end all is well that ends well but quite an exhaustive experience.
I would suggest everyone to do their home work and if you think that CW is confused then make sure you convince the CWs as sometimes they dont know what they are doing. I was also carrying 12 months bank statements and pay slips + life in the UK in case I had to go through the points based assessment.
Also like to thank you this forum and specially the senior members for their immense contribution.
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