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Hello Everyone,
I came to UK in September 2007 and as a result I am eligible for ILR now, but my current visa was expiring in July 2012, so I applied for HSMP extension before that. I just got a letter that it has been refused and I have got 28 days to appeal. I just wanted to know that can I still apply for ILR since I am in UK for 5+ years.
Thanks
-Pankaj

What is the reason for refusal (of extension)? Since the PBS eligibility criteria for ILR is same as Tier 1 (General) extension, do you qualify for settlement despite the extension refusal?
Check the refusal letter again - do you have 10 days to appeal or 28?

An out of time application for settlement within 28 days of becoming an overstayer is possible (245CD(i)).

I have got 28 days to appeal and I am planning to apply for ILR within that time frame.

I am a self employed person and the reason of refusal was not getting enough money. Actually I claimed some of the money as "Expenses" which they didn't consider. If I would have would have claimed that as "bonus" or "Reward" or anything like that, then my points would have increased and my application would have been accepted.

I just wanted to know that I can still apply for ILR within this 28 days ?

Thanks for the clarification. I will apply ASAP...

Are you sure you have 28 days to appeal? For in country appeals It is usually 10 working days unless you are detained in which case it is 5 working days. You cannot make another application whilst you still have the right to appeal (the application would be considered invalid)

Thanks Greenie,
But what if I don't want to appeal and make a fresh new ILR application ?
I suppose I have 28 days in that case, isnt it ?

Pankaj_Mishra wrote:Thanks Greenie,
But what if I don't want to appeal and make a fresh new ILR application ?
I suppose I have 28 days in that case, isnt it ?

28 days from which point? Please someone confirm.