Immigrationboards.com

Hi all,
I finally got an extension on my HSMP after it was refused in high court as well. My case was misrepresented by solicitors which led to a refusal each time. I was eligible for an ILR in January this years after completing 5 yrs of working in the UK. But all the time last year since FEB09 to Feb10, I was struggling to get my stay regularised because of HSMP extension refusal. I was although working full time at that time even after case was refused in high court and while my fresh application was being dealt with in the homeoffice.
Can I still go-ahead and apply for ILR?would they allow me an indefinite stay...knowing that it was not my fault in whatever happened...it was a misrepresentation by solicitors....and Homeoffice has now allowed me an extension for 3 years on HSMP.
Please help!!!

While your appeal was under consideration at AIT and then the High Court, your leave to remain was valid (even if the visa expiry date had gone by) by virtue of Section 3C of the Immigration Act.

And since a new application for leave to remain was submitted during the time that Section 3C was applicable, and was subsequently granted, IMHO your stay in UK has been lawful and therefore you may apply for ILR as and when you qualify for it after having lived in UK for 4/5 years (4 if covered by HSMP JR, 5 otherwise).

regards

Thanks for your reply. Fresh application was submitted after the high court decision. I was told that i am already an overstayer by the solicitor who was handling my fresh application. But I was still working full time as I wasnt aware that I have to stop employment immediately.
Home office did not inform me either nor it said in the high court decision.
Does it stop me getting an ILR even if I have genuine reasons?
If I explain everything with my ILR application,would they not understand??
PS: UKBA has already ignored this employment while overstaying as they allowed fresh application.
Please advice!

Apologies, I misunderstood!

After how many days of receiving the High Court judgement did you submit the new application?

regards

I received a final decision from high court on 22 September 09.
So looked for advise after this from a Immigration aid.
With the help of local MP, I found a solicitor to make fresh applicatio which was submitted on 10 Dec09.
I then got a decision on my fresh application on 12 Jan10.
All this time I was working full time.

In that case, the new application cannot be termed as an "in-time" application. You were an overstayer from Sep' 09 until the day of issue of current leave. Unless it can be proved that you were not (an overstayer), I don't think you can apply for ILR.

I would suggest that you contact a competent immigration lawyer to advise you further.


regards