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I read the above to mean the JCHR can consider any of the following:vinay shanthi wrote:"Joint Committee on Human Rights
The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders."
http://www.publications.parliament.uk/p ... /17301.htm
does the fact that the committee can draft remedial orders and remedial orders mean that it can issue an order to the government like any other quasi judicial body?
They're going to need to be more specific than that. It's a long report they have to answer to, where each of the new rules were deemed to violate human rights. The promise of each HSMP visa holder to make the UK their "main home" is a strong point. I don't think they government could just say, "we meant their main home for the duration of their visa or until we change the rules again".Rog wrote:The govt will probably sit out the 60 days and then dish out the standard reply of the changes not being retrospective and a need of "robust" and "strong" immigration system etc
hopefully someone will have challenged the ILR 4-5y issue in AIT cases individually by then. i am aware atleast 1 person seems to be exploring this option now and another one is making queries about this.Crazy_Canuck wrote:So, what are the odds that I'll be applying for ILR in March '08 as it will be the end of 4 years under HSMP...
Are you assuming or saying that till now nobody who have been effected by the 4-5 yr change have still not applied for ILR after completing the addtional 1yr??vinay shanthi wrote: there will be loads more coming up for the 4y period in the meantime. maybe one of them might explore this option by then. since it is on similar grounds as hsmp extensions based on old guidance notes, many cases in AIT have succeeded. i dont see why with exactly the same / similar clauses in old hsmp guidance notes regarding assurances on ILR why there shouldnt be a good chance of success in AIT. assuming the initial ILR applications at 4y get automatically rejected under new immigration rules. but like majority on the forum, mine is a laymans opinion. if others have not challenged it by then maybe you can.
Well the report is just a report, isn't it? The rules have not yet changed back to 4 years. So if you applied stating it is 4 years when in fact the HO have not yet lost their challenge, your application would just be refused. Only when the HO has lost their challenge could it be possible? Otherwise why have people been getting extensions (on their HSMP), if not because nothinig has yet changed (back)!Crazy_Canuck wrote:Hmmm,
I suppose I should have re-phrased my original post. What I meant to say would be more along the line of:
"When I apply next spring after 4 years under HSMP, will my application for ILR be straight forward or will I have to jump hurdles?"
I would hope by next spring, considering the depth and consistency of the report, people under the old scheme would be having their 4 year ILR applications approved as a matter or course.
I think that we need to clarify that it is not necessarily a change BACK to 4yrs. People applying under the new scheme would fall under the 5 year plan while people like me who applied under the old scheme would have their ILR processed after 4 years as stated in their HSMP extension documents. It is all a matter of putting the goal posts back to where they should be for the people under he 4yr scheme.sakura wrote:Well the report is just a report, isn't it? The rules have not yet changed back to 4 years. So if you applied stating it is 4 years when in fact the HO have not yet lost their challenge, your application would just be refused. Only when the HO has lost their challenge could it be possible? Otherwise why have people been getting extensions (on their HSMP), if not because nothinig has yet changed (back)!Crazy_Canuck wrote:Hmmm,
I suppose I should have re-phrased my original post. What I meant to say would be more along the line of:
"When I apply next spring after 4 years under HSMP, will my application for ILR be straight forward or will I have to jump hurdles?"
I would hope by next spring, considering the depth and consistency of the report, people under the old scheme would be having their 4 year ILR applications approved as a matter or course.
But of course, if the changes have been made back to 4 years, then there wouldn't be any hurdles, as long as you have all your supporting documents.
Yes I know, but I am obviously talking about the 4-5 yr challenge allowing it to be 4 years for those who are affected, not for everyone else.Crazy_Canuck wrote:I think that we need to clarify that it is not necessarily a change BACK to 4yrs. People applying under the new scheme would fall under the 5 year plan while people like me who applied under the old scheme would have their ILR processed after 4 years as stated in their HSMP extension documents. It is all a matter of putting the goal posts back to where they should be for the people under he 4yr scheme.sakura wrote:Well the report is just a report, isn't it? The rules have not yet changed back to 4 years. So if you applied stating it is 4 years when in fact the HO have not yet lost their challenge, your application would just be refused. Only when the HO has lost their challenge could it be possible? Otherwise why have people been getting extensions (on their HSMP), if not because nothinig has yet changed (back)!Crazy_Canuck wrote:Hmmm,
I suppose I should have re-phrased my original post. What I meant to say would be more along the line of:
"When I apply next spring after 4 years under HSMP, will my application for ILR be straight forward or will I have to jump hurdles?"
I would hope by next spring, considering the depth and consistency of the report, people under the old scheme would be having their 4 year ILR applications approved as a matter or course.
But of course, if the changes have been made back to 4 years, then there wouldn't be any hurdles, as long as you have all your supporting documents.