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I have a slightly complex case. I am currently in the UK on Tier1 visa (which was given in 2008 for 3 years). Initial application for HSMP was made in February 2006 (e.g. under old rules), however this application was declined, I then immediately requested review of the case (end of March 2006) and received confirmation of successful outcome in May 2006.

I would like now to apply for ILR in July 2010 when 4 year period is over (under HSMP ruling). However, in the view of the initial refusal of my HSMP application, I am not sure whether I actually qualify for ILR after 4 years under the ruling. I am thinking that the ruling should apply as I made initial application before April 2006. What do you think?

ffixed wrote:I have a slightly complex case. I am currently in the UK on Tier1 visa (which was given in 2008 for 3 years). Initial application for HSMP was made in February 2006 (e.g. under old rules), however this application was declined, I then immediately requested review of the case (end of March 2006) and received confirmation of successful outcome in May 2006.

I would like now to apply for ILR in July 2010 when 4 year period is over (under HSMP ruling). However, in the view of the initial refusal of my HSMP application, I am not sure whether I actually qualify for ILR after 4 years under the ruling. I am thinking that the ruling should apply as I made initial application before April 2006. What do you think?

As both the initial application and the review were initiated before 3 april 2006, you qualify for ILR after 4 years. Do you have proof of those dates? Any of the ff. -- copy of your application form (which would be on the old form), acknowledgment letter, correspondence about the refusal and review prior to April 2006?

bani wrote: As both the initial application and the review were initiated before 3 april 2006, you qualify for ILR after 4 years. Do you have proof of those dates? Any of the ff. -- copy of your application form (which would be on the old form), acknowledgment letter, correspondence about the refusal and review prior to April 2006?

Thank you.
I think I have all paperwork (I definitely have copies of the application form, my letters, original application and review request - all of them in Feb/March). I also found confirmation e-mail from 3rd March 2006 following initial application and e-mail which they sent on 8th April 2006 after my request confirming that they received my review application.