Immigrationboards.com

Hi sushdmehta
Please go to page 18 in "closed category ", which says if you have applied ON and before 3rd April 2006 then you will be eligible for ILR after 4 years.

I was sure I have applied ON or BEFORE 3rd April 2006 because I have receipt from HO saying they received my application on 4th April 2006.


Now, I had filed SAR long time ago and request to HO and tried to find out postmark date of my application so I can exactly know on which day I had applied for HSMP. But HO could not find the envelop.

But I received a copy of my application form from them with stamp on it saying application received on 4th April 2006.


Now, below link from UKBA website says

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

Application date by post

The date of postage is used as the date of application.

The date of an application made by post is decided by the postmark. The payment handling service attaches the original envelope with all postal applications. If the envelope in which the application was posted is missing, or if the postmark is illegible, the date of postage is taken as at least one day before its receipt. The day of receipt is normally the date the payment handling service processed the fee. If there is any uncertainty, you will be given the benefit of the doubt.

That means HO should agree that I must have made application ON or BEFORE 3rd April 2006.


Do you think this evidence is enough to file my case under 4 years HSMP JR? I have already completed 4 years and 11 months. That means I should be getting back dated ILR.??
thanks

1. Did you apply for HSMP approval from within the UK or outside?
2. What method did you you use to send your HSMP application?

And, please don't post queries in a (active) topic where the query is irrelevant to the stated subject of the topic.

sushdmehta wrote:1. Did you apply for HSMP approval from within the UK or outside?
2. What method did you you use to send your HSMP application?

And, please don't post queries in a (active) topic where the query is irrelevant to the stated subject of the topic.

1.I was in UK on student visa when I applied for HSMP.
2. I dont remember.
Any suggestion.

If you have already completed 5 years in the relevant qualifying category, why don't you apply for ILR at PEO and tell them you need backdated letter to free you from Immigration Restriction year before.

This way you wont risk wasting £1350 and will still avail the benefit of HSMP(JR).

I wasn't sure about my application dates and in fact I always thought that I applied after 3rd April, so went for ILr after completion of 5 Years. The CW gave me a backdated ILR letter without me asking for one. I double checked with her and she conformed according to her system I was eligible after 4 years.

vipul1981 wrote:If you have already completed 5 years in the relevant qualifying category, why don't you apply for ILR at PEO and tell them you need backdated letter to free you from Immigration Restriction year before.

This way you wont risk wasting £1350 and will still avail the benefit of HSMP(JR).

I wasn't sure about my application dates and in fact I always thought that I applied after 3rd April, so went for ILr after completion of 5 Years. The CW gave me a backdated ILR letter without me asking for one. I double checked with her and she conformed according to her system I was eligible after 4 years.

Thank you for reply,
In my case I already filed SAR long time ago and HO could not find proof that I applied on or before 3 april 2006. Thats why i am confused.

In absence of any evidence to prove the "date of application", the decision rests on the information held on the UKBA systems. If UKBA records show the caseworker that you qualify for ILR after 4 years, then you should be issued a letter confirming grant of settlement on a date in the past.

Personally, I believe that caseworkers give the benefit of doubt to the applicant in such (borderline) cases.

sushdmehta wrote:In absence of any evidence to prove the "date of application", the decision rests on the information held on the UKBA systems. If UKBA records show the caseworker that you qualify for ILR after 4 years, then you should be issued a letter confirming grant of settlement on a date in the past.

Personally, I believe that caseworkers give the benefit of doubt to the applicant in such (borderline) cases.

sushdmehta
HO has proof that they received my application on 4th April 2006 but neither HO or myself has any proof of date of application.

But I think you are right, even in the above UKBA link it says that if there is anything uncertain, then we will be given benefit of doubt.

So in this case even if HO conseider that I have applied ON and not before 3rd april I still be eligibile to for ILR under 4 year HSMP JR as it is now clearly mentioned in "closed category document".

I think I should apply under pre Aril 2006 category and not pre november.
What u rekon???

HSMPgafla wrote:I think I should apply under pre Aril 2006 category and not pre november.

Yes.

With no evidence with you or UKBA, it's your word against theirs (if it comes to that) .. so no harm in taking a position that's advantageous!