HSMP, 1+3+1 EXTENSIONS

[ybyuan2001]

The Prime Minister's Office has responded to the petition and you can view it here:

http://www.pm.gov.uk/output/Page12793.asp


It seems they will keep the new rules in the future.

[ex123]

Very disappointed for this response from the UK Government. They don't seem to understand the real impact behind this change.

I am qualified under the new criteria but not going to apply for further extension after I finish my four years in 02/2008. Instead, I will apply for ILR straightaway as my human rights and "legitimate expectation" must be honoured. I don't mind a legal battle with the UK Government, if needed.

[pantaiema]

Fingers cross ex123. I also see that restrospective change is very unfair.

Pantaiema

Very disappointed for this response from the UK Government. They don't seem to understand the real impact behind this change.

I am qualified under the new criteria but not going to apply for further extension after I finish my four years in 02/2008. Instead, I will apply for ILR straightaway as my human rights and "legitimate expectation" must be honoured. I don't mind a legal battle with the UK Government, if needed.

[aj77]

I got the following reply on my formal complaint about changing criteria for the existing HSMP applicants

Thank you for your email in which you raise concerns over the changing criteria for the Highly Skilled Migrant Programme and your entitlement to qualify for ILR.

The Border & Immigration Agency is totally committed to treating all complaints seriously. I can confirm that the concerns raised in your correspondence will be investigated thoroughly and I will reply to you with my findings as soon as possible.

Unfortunately, the Complaints & Compensation Team is currently facing significantly higher levels of work than usual and this means than your complaint may take longer to answer than normal. We are trying our best to deal with your enquiry as quickly as possible and appreciate your patience in this matter.

Yours sincerely

[pantaiema]

I thin the response U get is standard reply (If not Auto response) so it will will telll U nothing before they actually consider it.

I got the following reply on my formal complaint about changing criteria for the existing HSMP applicants

Thank you for your email in which you raise concerns over the changing criteria for the Highly Skilled Migrant Programme and your entitlement to qualify for ILR.

The Border & Immigration Agency is totally committed to treating all complaints seriously. I can confirm that the concerns raised in your correspondence will be investigated thoroughly and I will reply to you with my findings as soon as possible.

Unfortunately, the Complaints & Compensation Team is currently facing significantly higher levels of work than usual and this means than your complaint may take longer to answer than normal. We are trying our best to deal with your enquiry as quickly as possible and appreciate your patience in this matter.

Yours sincerely

[aj77]

pantaiema,

Any idea whether these compaint officers have any power to accept our compaint considering the nature of the case or they will send the standard reply which states Government approach on this issue?

[pantaiema]

I do not think the compaint officers have the power. But they could raise the issue to be considered and make anybody aware

pantaiema,

Any idea whether these compaint officers have any power to accept our compaint considering the nature of the case or they will send the standard reply which states Government approach on this issue?

[ybyuan2001]

i really doubt it.Home office will not to do anything about it.We are just grounded.

[larry]

yby,

I am positive w'll win the JR cases coming up during the winter, afterwhich the old rule will apply to some of us.

[ybyuan2001]

Thanks Larry.I really hope so too.

[ybyuan2001]

So,nobody knows anything about it.Right?

[hsmp2003]

if it is 60 days for the government to submit the official reply to the report on the human rights grounds, it is just next week........I remember it is 11 Aug, so I hope by next Friday there will be at least some outcome, otherwise why the committee wasted their time doing something for nothing.

I have done LIFE IN THE UK, and will apply for ILR in November, 4 years in total. I won't waste my time to wait for another year, and God knows when HO is going to change the policy again.

[ex123]

if it is 60 days for the government to submit the official reply to the report on the human rights grounds, it is just next week........I remember it is 11 Aug, so I hope by next Friday there will be at least some outcome, otherwise why the committee wasted their time doing something for nothing.

I have done LIFE IN THE UK, and will apply for ILR in November, 4 years in total. I won't waste my time to wait for another year, and God knows when HO is going to change the policy again.

I did the Lift In the UK test as well and will definitely follow the same approach as yours (my 4 years due in 02/2008). It will be highly appreciated if you can share your ILR experience.

Many thanks!

[olisun]

I have done LIFE IN THE UK, and will apply for ILR in November, 4 years in total. I won't waste my time to wait for another year, and God knows when HO is going to change the policy again.

U mean apply for ILR based on 4 yrs stay in the UK?

[willnotbackHSMP]

if it is 60 days for the government to submit the official reply to the report on the human rights grounds, it is just next week........I remember it is 11 Aug, so I hope by next Friday there will be at least some outcome, otherwise why the committee wasted their time doing something for nothing.

I have done LIFE IN THE UK, and will apply for ILR in November, 4 years in total. I won't waste my time to wait for another year, and God knows when HO is going to change the policy again.

It should be noted that the Committee has only got recommendatory powers. However, this report will undoubtfully be useful in both the lobbying and judicial reviews.

Link: www.vbsi.org.uk

[aj77]

I received a follwing reply in response to my complaint

I write with reference to your email in which you raise concerns over the changing criteria for the Highly Skilled Migrant Programme (HSMP) and your entitlement to qualify for ILR.


The teams have provided information and I am now able to respond to the concerns you have raised.

Applicants have a right to expect that the rules and policies which are in force at the time that a decision is taken on their application will be correctly applied to them, but not that the rules will not change whilst they are in the UK.

With reference to paragraph 24.9 of the HSMP guidance notes that applied as from 31 October 2003 and applied at the time you made the initial HSMP application, it states;

What if the scheme changes?

A. As with any immigration scheme we reserve the right to adapt some of the criteria or documentation associated with the scheme and will inform you via our websites of any such changes. All applications will be treated on the basis of the HSMP provisions at the time they were submitted.

In the case of the increase in the qualifying period for settlement, this was to ensure that applicants had established a genuine link to the UK and to bring us in line with other European countries. In the case of the recent changes to the HSMP criteria, this was to ensure that those who are granted further leave under HSMP have made and can continue to make a contribution to the UK economy.

I should also add that a number of transitional arrangements are in place to support individuals whose previous grants of leave under HSMP were made prior to the changes of November 2006, and can establish that they have been successfully contributing to the UK economy during their preceding period of stay in the UK, but who are unable to satisfy the extension arrangements. These include arrangements that will make it easier for those in employment to switch into work permit employment.

I am unable to offer any further comment regarding the e-mail response from the Home Office of 19 April as you have not provided any evidence of this with your representations.

The Border & Immigration Agency is grateful for the comments received in your correspondence and is committed to improving the service we deliver. Should you have any further queries, please do not hesitate to contact us at wpuk.complaints@ind.homeoffice.gsi.gov.uk.

Yours sincerely




Paul Newberry
Quality Team Manager
Complaints and Compensation Team

Now they forwarded my complaint to another department for reconsideration and waiting for their reply.

I argued in my complaint about Q 24.10 and Article 8 ECHR

[wukong]

Hi All,

It was long time I have not been view this website. I am 1+3+1 as well and my visa will expire at March 2007. I would like to know what happened to you guys?

Have anybody apply ILR by the end of 4 years and succeed?

Wish you all good luck!

[EdgeHillMole]

With reference to paragraph 24.9 of the HSMP guidance notes that applied as from 31 October 2003 and applied at the time you made the initial HSMP application, it states;

What if the scheme changes?

A. As with any immigration scheme we reserve the right to adapt some of the criteria or documentation associated with the scheme and will inform you via our websites of any such changes. All applications will be treated on the basis of the HSMP provisions at the time they were submitted.

In the case of the increase in the qualifying period for settlement, this was to ensure that applicants had established a genuine link to the UK and to bring us in line with other European countries. In the case of the recent changes to the HSMP criteria, this was to ensure that those who are granted further leave under HSMP have made and can continue to make a contribution to the UK economy.

I should also add that a number of transitional arrangements are in place to support individuals whose previous grants of leave under HSMP were made prior to the changes of November 2006, and can establish that they have been successfully contributing to the UK economy during their preceding period of stay in the UK, but who are unable to satisfy the extension arrangements. These include arrangements that will make it easier for those in employment to switch into work permit employment.

I am unable to offer any further comment regarding the e-mail response from the Home Office of 19 April as you have not provided any evidence of this with your representations.

The Border & Immigration Agency is grateful for the comments received in your correspondence and is committed to improving the service we deliver. Should you have any further queries, please do not hesitate to contact us at wpuk.complaints@ind.homeoffice.gsi.gov.uk.

Yours sincerely




Paul Newberry
Quality Team Manager
Complaints and Compensation Team

Hmmm, now don't you find it very strange that the 31 October 2003 HSMP guidance notes would specifically make mention of rule changes that wouldn't occur until November 2006? Especially since no one seemed to know about the rule changes until after they had already taken effect?

Mr. Newberry of the HO, please get your facts straight. The 31 October 2003 HSMP Guidance Notes and HSMP Guidance Notes at the time we made our initial pre-2006 HSMP applications said no such thing.

The Immigration Minister clearly stated to the House of Commons in 2003 that as changes to the rules could not apply retrospectively, transitional provisions were not needed.

So Mr. Newberry, if non-retrospective changes do not need transitional provisions, why do you mention in your response letter that transitional arrangements are currently in place?

This is now beginning to remind me of that set of rules in George Orwell's Animal Farm (Changes have never been made. It's been the same set of rules all along)

[ybyuan2001]

But if the High Court still appeals this case later?

[Cheated]

But if the High Court still appeals this case later?

After all that HSMP Judicial Review fuss a couple of months back what has happened to it? Are they still planning to do it?
Where do I get updates?

[goldfish]

It was delayed and is now happening in December some time I think.

[ex123]

http://www.immigrationboards.com/viewtopic.php?t=20319

Hopefully there will be some good news coming for HSMP 1+3 Group, before the Dec hearing.

[aj77]

AJ77 wrote

I received a follwing reply in response to my complaint


Quote:
I write with reference to your email in which you raise concerns over the changing criteria for the Highly Skilled Migrant Programme (HSMP) and your entitlement to qualify for ILR.


The teams have provided information and I am now able to respond to the concerns you have raised.

Applicants have a right to expect that the rules and policies which are in force at the time that a decision is taken on their application will be correctly applied to them, but not that the rules will not change whilst they are in the UK.

With reference to paragraph 24.9 of the HSMP guidance notes that applied as from 31 October 2003 and applied at the time you made the initial HSMP application, it states;

What if the scheme changes?

A. As with any immigration scheme we reserve the right to adapt some of the criteria or documentation associated with the scheme and will inform you via our websites of any such changes. All applications will be treated on the basis of the HSMP provisions at the time they were submitted.

In the case of the increase in the qualifying period for settlement, this was to ensure that applicants had established a genuine link to the UK and to bring us in line with other European countries. In the case of the recent changes to the HSMP criteria, this was to ensure that those who are granted further leave under HSMP have made and can continue to make a contribution to the UK economy.

I should also add that a number of transitional arrangements are in place to support individuals whose previous grants of leave under HSMP were made prior to the changes of November 2006, and can establish that they have been successfully contributing to the UK economy during their preceding period of stay in the UK, but who are unable to satisfy the extension arrangements. These include arrangements that will make it easier for those in employment to switch into work permit employment.

I am unable to offer any further comment regarding the e-mail response from the Home Office of 19 April as you have not provided any evidence of this with your representations.

The Border & Immigration Agency is grateful for the comments received in your correspondence and is committed to improving the service we deliver. Should you have any further queries, please do not hesitate to contact us at wpuk.complaints@ind.homeoffice.gsi.gov.uk.

Yours sincerely




Paul Newberry
Quality Team Manager
Complaints and Compensation Team


Now they forwarded my complaint to another department for reconsideration and waiting for their reply.

I argued in my complaint about Q 24.10 and Article 8 ECHR

According to latest telephonic conversation with HO ,my compaint is with case worker considering on compassionate grounds.
Any idea about compassionate grounds?
Can ILr be granted if application is submitted 1 year before normal resident requirements?
Meantime my file is ready for extention too.Just waiting for their final reply.

[ex123]

AJ77 wrote

I received a follwing reply in response to my complaint


Quote:
I write with reference to your email in which you raise concerns over the changing criteria for the Highly Skilled Migrant Programme (HSMP) and your entitlement to qualify for ILR.


The teams have provided information and I am now able to respond to the concerns you have raised.

Applicants have a right to expect that the rules and policies which are in force at the time that a decision is taken on their application will be correctly applied to them, but not that the rules will not change whilst they are in the UK.

With reference to paragraph 24.9 of the HSMP guidance notes that applied as from 31 October 2003 and applied at the time you made the initial HSMP application, it states;

What if the scheme changes?

A. As with any immigration scheme we reserve the right to adapt some of the criteria or documentation associated with the scheme and will inform you via our websites of any such changes. All applications will be treated on the basis of the HSMP provisions at the time they were submitted.

In the case of the increase in the qualifying period for settlement, this was to ensure that applicants had established a genuine link to the UK and to bring us in line with other European countries. In the case of the recent changes to the HSMP criteria, this was to ensure that those who are granted further leave under HSMP have made and can continue to make a contribution to the UK economy.

I should also add that a number of transitional arrangements are in place to support individuals whose previous grants of leave under HSMP were made prior to the changes of November 2006, and can establish that they have been successfully contributing to the UK economy during their preceding period of stay in the UK, but who are unable to satisfy the extension arrangements. These include arrangements that will make it easier for those in employment to switch into work permit employment.

I am unable to offer any further comment regarding the e-mail response from the Home Office of 19 April as you have not provided any evidence of this with your representations.

The Border & Immigration Agency is grateful for the comments received in your correspondence and is committed to improving the service we deliver. Should you have any further queries, please do not hesitate to contact us at wpuk.complaints@ind.homeoffice.gsi.gov.uk.

Yours sincerely




Paul Newberry
Quality Team Manager
Complaints and Compensation Team


Now they forwarded my complaint to another department for reconsideration and waiting for their reply.

I argued in my complaint about Q 24.10 and Article 8 ECHR

According to latest telephonic conversation with HO ,my compaint is with case worker considering on compassionate grounds.
Any idea about compassionate grounds?
Can ILr be granted if application is submitted 1 year before normal resident requirements?
Meantime my file is ready for extention too.Just waiting for their final reply.

Hi aj77

Would you mind sharing your complaint letter (and the email address you sent) to HO? I think if we keep exerting pressure on HO by sending them the complaint letters, they may make some concession, at least on individual case. They know they will definitely lose the case in Dec hearing!

Many thanks!

[usemobile]

My three year extension letter after the first year of HSMP very clearly states in black and white that at the end of the 3 year FLR period I can apply for Indefinite Leave to Remain (ILR). Only after showing this letter, I could get a decent employment.

At some point of time even before they announced the 4-5 years rule change for ILR when they had internally decided that they would not be giving ILR after 4 years, they changed the wording of this letter to state that you may apply for Further Leave to Remain to the later applicants.

Not that the letter means much since a signed letter from HO on its letter head can be retracted and made null and void under retrospective application of rules.

However I am considering to legally challenge HO on the basis of this letter.

What is the situation now, i am also 1+3 status now under HSMP.

You got PR or 1 year extension.