ILR under HSMP Judicial review

[NVious]

Hi guys!

Hope someone can assist with my queries. I am applying for an ILR soon and required some clarification.

Here is my scenario:

I arrived here from Australia under a working holiday visa in September 2004 which was valid for 2 years. I then went back to Aus and applied for a HSMP which was granted in October 2006, hence I fall under the judicial review of Pre November 2006 (continuous 5 years to obtain ILR).

I applied for the next extension in October 2008 for further 3 years under Tier 1 (General) still offered under HSMP judgement rules. Unfortunately, in Dec 2008 I had to go back to Aus due to personal circumstances and I was away until July 2010 ( in total about 18 months). I came back end of July then straight away went to Spain for a course for 6 weeks arriving back in September 2010.


I have, since then, been in the UK and have extended my visa two further times which is now valid until 2017 still under the HSMP rules. As I broke the 5 year continuous rule I couldn't apply for an ILR in 2011. However, since entering the UK in 2010 I have not had long absences and therefore meet the criteria for 5 year continuous stay from September 2010.

Please can someone clarify the below?

Query 1
Page 13 of section 3 Which Category
Section B (which one should I tick)

Tier 1 (General) the terms of the HSMP forum judicial review policy document

or

-- Highly Skilled migrant under the terms of HSMP ILR judicial review policy document.

Query 2
In section 12, page 66 once we answer 'passport and immigration' documents. 12A is completed by all applicants however given the answer provided above which should be ticked 12G highly skilled migrant or 12H highly skilled migrant under the terms of the HSMP indefinite leave to remain judicial review policy document. If the latter then it states 4 years and there is no comments on 5 years continuous. Will the case worker know this?


Query 3
Given my scenario above for Section 6 'Immigration History' point 6.1 states when did you first Enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which the application is based. If one of the main things to consider when applying for an ILR is that there is continuous stay in the UK for 5 years with only 180 days allowed which date am I able to enter here? I only wish to have my last 5 years to be considered so shall I enter the date in July 2010 when I entered back in the UK or September 2010 when I entered back in UK from Spain or would it be October 2006? If October 2006, then how do explain the absences given it is more than 5 year period?

I have all the absences from the last 5 years listed on a spreadsheet but nothing prior to that.

Query 4
Section 7, point 7.11 then question how long you have lived in the UK? If I am applying for the last 5 years then again shall I enter their period from September 2010? If not should I be using my initial working holiday visa date? August 2004? It asks you to provide any period of absences of more than 6 months during that time. This question is tricky as I cannot state I have been here 11 years as I was away for 18 months of the 11 years.

I appreciate this may be a lot of questions to digest but any help would be appreciated.

Of course, if you are seeking further info, please reply to the post.

Thank you.

[HSMP(Tier1)]

Dear Friend,

You have applied for ILR or not? what is result ?

Read my posts also. As per HSMP JR clause 12, Home office have to give us extension but as they have closed all extension route then they should give ILR. weather you stayed or not?
If They do not wish to give us extension then as per my study it is clear against Honorable court judgement clause no: 8 to 12 of HSMP JR.

Why injustice to you and two three persons like us only? where majority of around 50000 HSMP people got ILR and all.

If they have given us extension two ot three then we are thankful to Home Office and UK Government but same time they had disturbed our effort and all financial arrangement in 2006 and from that it is not necessary that all should recover as per their time limit.... I or you may need more time because situation of family,financial all can not be same for alll....

So I will also plan to apply for ILR .... If They do not wish to give us extension then as per my study it is clear against Honorable court judgement clause no: 8 to 12 of HSMP JR.

see and then make presentation to home office... go their meet personally and talk them dear.....

UK Home office is positive and they listen all time this is my experience...Please give me your some details or email so we can be in contact and discuss...

regards