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Backdating ILR in line with HSMP JR ruling for 4 years settlement

Ehikia made this Freedom of Information request to UK Border Agency

The request was refused by UK Border Agency.

From: Ehikia

19 March 2011

Dear UK Border Agency,

Attention : Naomi Hatton

Many thanks for the well-published feedback on the management of
HSMP ILR applications - Oct. 2010 applications on the
whatdotheyknow website.

Recent feedback from HSMP JR applicants suggest that the turnaround
time has improved significantly and thanks a lot for your great
efforts and that of your team.

The following issue is of interest now.

Please I would like to find out the modalities (process, email and
phone contacts) for obtaining backdated ILR letters for applicants
affected by the HSMP JR on 4 years settlement scheme.

These are HSMP applications who came into the country before April
2006 and are such eligible to settlement after 4 years.

Where the applicants have applied and obtained settlement after 5
years based on stamps on their passport,They are nevertheless
eligible for 4 years settlement but their passports are never
backed to the effective dates of eligibility (4 years) but
back-dated letters are sometimes issued so that applicants can
pursue naturalization after one year. i.e 4 years (HSMP) and 1
year(post-settlement) on the basis that this letters are issued to
all affected by the ruling.

There is not enough information on the UKBA website on how HSMP JR
applicants affected by this ruling can obtain the back-dated ILR
letters stating clearly the specific date of attainment of ILR
based on the provisions of the HSMP JR - 4 year settlement ruling
and this is upsetting so many affected persons.

Could you please clear the air on how this information can be
sought and publish the process for obtaining the back-dated letter
so that several clients upset all over the place for failure by the
UKBA to implement the provision of the JR ruling can be appeased.
The application of the ruling is not consistent as some applicants
get backdated letters while some others do not receive the letter.

Again, many thanks for your handling of the first case.We look
forward to you providing direction on this issue and closing it
favorably as well.

Yours faithfully,

Ehikia

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From: Freedom Of Information Team ( IND )
UK Border Agency

21 March 2011

Dear Ehikia

Backdating ILR in line with HSMP JR ruling for 4 years settlement
(65962)

Thank you for your recent e-mail concerning the above matter. We are
currently dealing with your enquiry and will respond shortly.

Kind Regards

UKBA
FOI Team

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From: Freedom Of Information Team ( IND )
UK Border Agency

8 April 2011


Attachment FOI 18115 response letter4.pdf
54K Download View as HTML


Dear Ehikia,

I have attached the response to your below request.

Yours sincerely,

Freedom of information act policy team

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From: Ehikia

18 April 2011

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Backdating ILR in line with HSMP JR
ruling for 4 years settlement'.

I believe the UKBA should execute the provisions of the HSMP
Judicial review to the letter of the ruling.

Several people who are eligible to settlement after 4 years
in-country have still not received letters stating clearly the date
they were really deemed to have settled in the UK.

Not enough information is available on UKBA websites and various
telephone / helplines have not been effective as the offices are
not well equipped or ignorant of how to handle specific requests
relating to 4-year HSMP judicial ruling...even some senior
caseworkers are not aware of how best to deal with this.

Please an independent review is required to redress the situation.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ba...

Yours faithfully,

Ehikia

Link to this

From: FOI Responses
UK Border Agency

19 April 2011


Attachment 18155 Acknowledgement.pdf
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Dear Ehikia,

Please see attached acknowledgement of your request for an Internal
Review of FOI Request 18115.

Best wishes

Rachel

Rachel Anderson | Information Access Team | Information Management
Service | 2 Marsham Street, London SW1P 4DF

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From: Ehikia

25 May 2011

Dear UK Border Agency,

Please refer to the subject referred for internal review.

Can you kindly inform of the outcome? An update was to be ready for
20th May, 2011?

Please what is the outcome?

Thanks ...

Yours faithfully,

Ehikia

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From: Freedom Of Information Team ( IND )
UK Border Agency

26 May 2011


Attachment IR 18115 Response.pdf
76K Download View as HTML

Attachment IR 18115.pdf
117K Download View as HTML


Dear Ehikia

Thank you for your email below about the internal review of 18115. This
review was completed and sent to you by email on 11 May, but does not
seem to have reached you. So, I am enclosing a copy of the response,
which I hope arrives safely.

Regards

Freedom of Information Act Policy Team | Customer Service Improvement
Directorate | UK Border Agency

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