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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator
The WP is a direct "agreement" between the employer and employee and not the govt. and whether there is a clause or not for the above 4-5 yrs doesn't make any difference... Also when the qualifying yrs for ILR was 4 yrs, people still got the WP ranging from 12 months to 5 yrs and at the end of their contract they had to / have gone back home.geoffsinclair wrote: Liam Byrne admits that retrospective application is against the principle of fairness, therefore it seems to me that those who were under a visa category, such as a work permit, may have a more solid argument against retrospective changes to the rules, since those persons entered the UK without an "update" clause, but were lead to believe that making the UK their main home and remaining economically active over a continuous period of 4 years would lead to permanent settlement.
No govt. in any part of the world will accept defeat at the hands of the immigrants and will constantly find ways to keep their ego's intact.vinay shanthi wrote:preliminary discussions are also underway to form a separate defense union / employment disputes insurance scheme for immigrant doctors as many feel let down by the present system. even underwriter approval has been got for a proposal, but bigger plans are afoot on this front but all this will take time. same discussions are underway for a separate trade union for immigrant doctors. but these plans will take a long time to bear fruit. no reason why the immigrant labour market should not get organised and fight for our legitimate rights and expectations by forming a trade union as well ! lets see what happens to the discussions regarding these by immigrant doctors organisations. hopefully sometime in the future this will become a reality.
Does the original HSMP guidance notes clearly mention that one CAN apply for ILR after 4yrs based on economic activity alone?vinay shanthi wrote: if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory and it is a binding convention and also breach of 'legitimate expectation' based on guarantees given by UK govt in guidance notes of original HSMP scheme.
based on the HSMP guidance notes etc as far as i am aware atleast 20 cases have been won on appeal in AIT for HSMP refusals. www.hsmpforumltd.com has been in touch with most of them, i have personally seen the AIT determinations in a few cases and the judges in clear language have backed the view now held by the joint committee and also the appellants.olisun wrote:Does the original HSMP guidance notes clearly mention that one CAN apply for ILR after 4yrs based on economic activity alone?vinay shanthi wrote: if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory and it is a binding convention and also breach of 'legitimate expectation' based on guarantees given by UK govt in guidance notes of original HSMP scheme.
My extension letter (September 05) doesn't state anything about ILR or any renewal. It just says my extension has been approved. When was yours?Rog wrote:My extension letter for 3 years states in black and white that I can apply for ILR at the end of 3 years (ie total of 1+3 under HSMP) if I have been economically active. At a later stage they stopped mentioning this in the 3 year extension letter to other candidates and just stating that at the end of 3 years they can seek further leave to remain
it does not matter what they decided later on. seeing the arguments used in the cases won in AIT by people who were refused HSMP renewals. once the govt has made assurances in the original guidance for renewals based on 'economically active' and also ILR at 4y and clearly mentioning in original guidance notes that any future legislation changing immigration rules will not affect people already on the scheme as once on the scheme they are on the path to ILR and citizenship. this creates a legitimate expectation as long as one fulfils the criteria set in the original guidance. this argument has been upheld in many AIT decisions by the judges and also backed by CRE and also by ILPA letters and also now by the joint committee. so irrespective of what your renewal letter says, all people accepted for old hsmp scheme before the guidance notes was changed have a legitimate expectation based on the guarantees given to them in writing in the guidance notes before being accepted on to the old hsmp scheme. the same arguments should win cases in AIT for ILR at 4y especially now as it is backed by the joint committe report as well. legal opinion obtained about the report backs this.Rog wrote:My letter was in Nov 04. Later on when they must have internally decided to change ILR from 4 to 5 years and introducing the retrospective changes , they stopped mentioning the ILR in the 3 year extension letter.
Here is the catch if you go by the exact words.bani wrote:That is true, my renewal letter says very little, but not the guidance notes. These were the rules when I applied (true for most 1+3 visa holders) for HSMP. From the March '04 guidance notes:
EXTENSION OF STAY IN THE UNITED KINGDOM
18.1 If your application is successful you will be given permission to enter the United Kingdom for a period of 12 months. In the last month before the end of that period you will be able to apply for further permission to stay as a Highly Skilled Migrant. You should apply directly to Work Permits (UK) in Cannock, using the form FLR (IED) available from the IND website. You will be asked to provide evidence of your economic activity during your period of stay in the UK and evidence of your personal earnings during the period, if you are employed. If you are self-employed a business plan and evidence that you have established a business bank account, which has been active, will suffice. If you have been active in employment and self-employment then you should submit evidence of both. You will also need to declare that you and your family have not had access to public funds and have not received a criminal conviction. If your application is approved you will normally be given permission to remain for a further three year period. Further details on the application process for an extension of stay after one year will be provided to successful applicants.
18.2 If you have been granted permission to stay in the United Kingdom as a Highly Skilled Migrant for four years and wish to remain in the United Kingdom on a permanent basis you can apply at the end of the four-year period for permanent residence. This is otherwise known as indefinite leave or settlement. In addition those applicants who have been approved under HSMP and are applying for permanent residence as a Highly Skilled Migrant will be able to amalgamate leave to remain under HSMP with previous leave from other categories that lead to settlement. For example if you had previously stayed in the UK with two years leave for work permit employment and then switched to the HSMP you would be eligible to apply for settlement after a further two years in the UK as a Highly Skilled Migrant. Further information on whether an immigration route leads to settlement can be found on the IND website at www.ind.homeoffice.gov.uk. If you meet the requirements for settlement your spouse or unmarried partner and children under the age of 18 will also be able to obtain permanent residence with you.
you have to take the whole guidance document in context, which is what the AIT judges have done and also CRE and also ILPA and also now the joint committee of parliament. all of them concur that it implys legitimate expectation for renewal and ILRolisun wrote:
Here is the catch if you go by the exact words.
The 18.1 details with respect to EXTENSIONS (FLR) with proof of earnings and economic activity and 18.2 deals withs ILR with NO mention of ILR on economic activity alone.
Also check this last statement
"If you meet the requirements for settlement your spouse or unmarried partner and children under the age of 18 will also be able to obtain permanent residence with you."
i dont hide behind pseudonyms and make allegations. i put my real name to what i write in ANY FORUM. i am active on indi_go and energy2005 forums run by doctors and not other forum including this one and www.hsmpforumltd.com i am a member in atleast 8 forums, just because i write a few messages here in this forum and www.hsmpforumltd.com does not mean that i am an active member on that forum. i have just donated money and written some messages there on that forum.JFLE007 wrote:KIND ATTEN VIJAYSHANTI
Its my request please don’t politicised the cause, what ever you have written its your view and you have presented or show the one side of coin, you are quite active members in that so called official forum HSMPLTD
Why you are promoting that forum?
What’s the need of that?
When the goal is common let the member decide to log in anywhere
Are we political motivated?
As far as money is concerned, I trust and I believe its still with that old forum why we need to pay the money to lawyer
Did lawyer has given any clarity why the JR has been refused
And why there are more funds when lawyer has been paid more then £10000.
Refusal of fund because no body has given any explanations to that forum
Why lawyer need the fund. This fund is from the members and for the members.
this is not the personnel property of any one.
Why the need of ltd company and why he always write the director.
Are we looking for COMMERCIALSATION?
COMEON WAKE UP
PLEASE GOD SAKE DON’T SHOW THE PEOPLE THAT IT’S EASY TO CREAT DIVISION AMONG MEMBERS
If you are happy with that forum stick with them. But don’t blame and play games
Forum are there for members and been made from members. You and me are nothing
Try to help every members whether they belongs to any forum
IF YOU WISH I CAN SPILL THE BINS AND THEN YOU WILL BE NOWHERE BUT I DON’T WANT THAT BECAUSE THIS IS NOT THE CAUSE FOR FIGHTIING.
i am active on http://health.groups.yahoo.com/group/Indi_go/ and http://health.groups.yahoo.com/group/Energy_2005/ both forums are for doctors in uk and run by bapio. and just write a few messages in other forums like this one and vbsi and orkut etc. apart from donating to the bapio cases, being a HSMP myself, even though i dont need further renewals, i have donated to the www.hsmpforumltd.com but will not donate to the old forum due to the reasons mentioned in the previous messages. my opinions are based on what i saw on both the forums.JFLE007 wrote:Hi
I am not interested what you have written and what you are saying, as i have earlier also requested i dont want to drag this issue on filmsy ground and niether i am interested .
please dont feel offended and dont feel bad its shows your fraustation nothing else,
let it be like this and its members wish where they want to go or log in.
why you are so protactive about the NEW HSMP forum.
for me its the both forum, when you like someone you like bad habbits good habbits.
you dont divorce or vice versa your partner on some misunderstanding, every one try to sort out the issue.
so please dont drag this issue
focus on core objectives
thanks for your valuable time on this stupid issue
thanks
NO NEED FOR ANY DONATION, IF YOU WANT A DONATION WHY YOU ARE USING THIS FORUM AND AGAIN PLEASE DONT TRY TO CREAT DIVISION .vinay shanthi wrote:"1) When do the lawyers anticipate or expect the High Court judge to conduct an oral hearing on the rejection of granting permission for the Judicial Review?
It should be there in Oct / Nov 2007. At the moment we are having funds collection problem which is very slow and it can possibly create problems for us.
2) Can the lawyers use the JCHR report to convince the High Court judge in favour of granting permission?
We would be using the JCHR Report as evidence etc but how effective it is going to be in our JR is still looked into and our lawyer feels it should not be a problem for permission in oral hearing as we have already added more grounds e.g. CRE disclosures etc.
__________________
Amit "
i have cut pasted the above message from www.hsmpforumltd.com as for any legal challenge funds are needed. it will be sad if the legal action has to be withdrawn for lack of funds, then all HSMPs will face the consequences of legal action failing and continuation or retrospective legislation. so please donate for legal action on www.hsmpforumltd.com and www.vbsi.org.uk and www.bapioaction.moonfruit.com
have a nice day
the donation is not for me. thanks i am reasonably well off enough to have donated £100 to www.hsmpforumltd.com and also well above £500 to the bapio case and further to other individuals appealsJFLE007 wrote: NO NEED FOR ANY DONATION, IF YOU WANT A DONATION WHY YOU ARE USING THIS FORUM AND AGAIN PLEASE DONT TRY TO CREAT DIVISION .
WE ARE NO BOTHER ABOUT WHAT HAD HAPPNED , WE WANT TO ACHIEVE THE GOALS,
IF YOU ARE SENSIABLE , DONT WASH YOUR DIRTY LINEN IN PUBLIC.
THIS IS FORUM FOR EXCHANGING VIEWS AND GIVING HELP TO MEMBERS NOT FOR PERSONNEL ISSUES.
I BEG PLEASE STOP!!! STOP !!!! STOP!!!! MAKING OUT OF THIS ISUES.
LET THEM FIGHT , BOTH FORUM FIGHTING FOR THE COMMAN CASUE,
SO LET THEM. LET THEM SETTLE THEIR ISSUES IN PVT.
IF YOU ARE QUITE SENSIABLE , YOU WILL STOP WRITING ON THIS STUPID ISSU
HOPE YOU UNDERSTAND
THANKS