- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
ex123 wrote: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.
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 wrote:I got the following reply on my formal complaint about changing criteria for the existing HSMP applicantsThank 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 wrote: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?
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.hsmp2003 wrote: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.hsmp2003 wrote: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.
Now they forwarded my complaint to another department for reconsideration and waiting for their reply.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
aj77 wrote: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
According to latest telephonic conversation with HO ,my compaint is with case worker considering on compassionate grounds.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
Hi aj77aj77 wrote:AJ77 wroteAccording to latest telephonic conversation with HO ,my compaint is with case worker considering on compassionate grounds.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
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.
Rog wrote: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.