Tier 1 General Extension - Missed April Deadline

[honey2008]

Ok Boss

[CR001]

Ok Boss

[abhisheks9]

I am sorry if it was offensive but honey's comment was indicating something of similar nature that's why I had to react in the way.
Again apologies to everyone and @honey2008 no such intentions.
I would have loved to debate this, but think it's futile to do so that's why will rest my case here.

[ouflak1]

... home office are discriminatory towards PBS in general and totally against tier-1 general applicants in particular...

Discriminatory??? If the United Kingdom wished, they could have long ago decided not let any of us into this country. This is a sovereign nation with the sole right to decide who comes, who goes, and on what basis. A right that is only limited by the concept of native born citizenship.

@ CR001 - Just out of curiosity, what is your opinion on the HSMP forum Judicial Review and the high courts ruling in favour of the HSMP forum on 8th April 2008 against the changes to the new extention test brought in by the then UKBA/Home office ?

In my opinion, the government of the United Kingdom gave their word in writing, and they were obliged honor their word. When the tried to reneg, the HSMP visa holders were able to call them out on it. Unfortunately they were still able to dishonor themselves with regards to the Work Permit holders and allowed by the courts to go back on their written word.

And on the basis of this court ruling people on HSMP JR can still today continue to extend their visas should they choose not to apply for an ILR.

Well that was the result of that court ruling. From that experience the UK learned that they needed to never again attempt retroactive changes. And with Tier 1, they haven't.

Do you feel it was wrong for the HSMP forum to challenge the UKBA in a court of law?

I think it was wrong and dishonorable for the UK to go back on their written word.

Am not trying to justify the ignorance of the OP here, just trying to point out that the home office has been in the wrong in the past according to the high court.

And this really is a key point. It doesn't matter if they are 'wrong' or 'right'. If they want us all to leave, that's it. We leave. There is no 'right' to be in the UK except for native born UK citizens. Even naturalized citizens can have their citizen stripped and subsequently be deported. As a sovereign nation, this a decision they can make at any time.

[ram80]

Nobody has dared to challenge the Home Office legally but in my personal view, we stand a good chance if we do (however I am not a legal professional so we also need professional help which is likely to cost a bit).

Anyone who is interested in joining up to legally challenge these fee increases and closure of T1G extensions can contact me - let's discuss.

I need people who are passionate about supporting a fair immigration policy to join hands in the cause of justice.

[ram80]

There is no 'right' to be in the UK except for native born UK citizens. Even naturalized citizens can have their citizen stripped and subsequently be deported. As a sovereign nation, this a decision they can make at any time.

There is something called a right to fair treatment, and that is a basic human right, which no parliament can legislate against.

Deciding to make arbitrary changes through press releases and expecting everyone to read everything published at all times is not fair.

[quantum1]

WIth HSMP the way the visa was issued it created legitimate expectation of settlement. This is not the case with TIer 1 General as the wording was changed and a qualifier was added that specifically said nothing was being promised. The cases are different

[iubus2005]

ram80,
Have people contacted you to go after a review of fees / policies? I think, the numbers are not in our favor this time, and home office knows this.

Cheers.

[abhisheks9]

@iubus2005
We have tried to bring people under common forum to go after fee/policies, through the FB group.
You are right about numbers are not in favor, as among 250+ people only 14 have committed with funding for judicial review.

[ram80]

Some people have expressed interest, but it is not strong enough, in my estimate we need to have a sizeable warchest of funds before proceeding with a JR filing.

[iubus2005]

I assume that money is needed for lawyer fees? I wonder if the case seems strong enough for a lawyer to do more risk / reward sharing in this case? i.e. people have to pay more, but after the case is successful. That way, we may have more people pledge for paying. It is also possible that people will pledge higher amount per person post success.

[abhisheks9]

@iubus2005
Lawyer will only have win-win here, because he/she can go for profit sharing or no need to share loss, either way lawyer get fees.
Amount is fee plus in case we lose and have to pay for counter legal case of wasting time on non winnable review case. Having said so, ukbA doesn't have strong case of winning, and there is high probability of ukba not only losing but paying back previous unjustified fees as well.
I have been repeatedly citing example of hsmp forum who have won in past.

[caheda]

Hello, mine is the same case..extension due in Nov '15, I thought to check in May how are the appoinment schedules looking like and then got the biggest shock of my life. Why the hell I would check these sites one or two years before when they are actually needed, I m highly disappointed.
Is there any option other than tier 2 as I am afraid my company may not sponsor that. My ILR is due in Aug '16 so just need to stretch it for few months. Any chance UKBA would consider a late application? Has anyone tried that? I am sure there are only a few cases like me...pls pls help me.

Best regards

[abhisheks9]

@caheda
Trust me I am really sad for your case, and to be brutally honest within existing rules you got no option other than switching to other PBS based visa like tier-2(general) or tier-1(entrepreneur).
Right now I highly suggest to talk to solicitors as well as tier-2 sponsersers, and so far you are 3rd person in this website forum to have suffered due to closure.
I (with admin of my fb group in my signature) already foresaw this scenario and were trying to bring people together but we are only been discouraged and demotivated by most people here so far. Still we are sure that ukvi has been unfair, discriminatory and legally you stand strong chance against if go for judicial review.
I have almost become broken record now

[Petaltop]

There is no 'right' to be in the UK except for native born UK citizens. Even naturalized citizens can have their citizen stripped and subsequently be deported. As a sovereign nation, this a decision they can make at any time.

The children born in the UK to naturalised citizens can also have their UK citizenship removed now under the new laws. They can do this as they won't be stateless because their birth also gives them a claim to their parents citizenship.

[Petaltop]

WIth HSMP the way the visa was issued it created legitimate expectation of settlement. This is not the case with TIer 1 General as the wording was changed and a qualifier was added that specifically said nothing was being promised. The cases are different

Agreed.

[Petaltop]

@caheda
Trust me I am really sad for your case, and to be brutally honest within existing rules you got no option other than switching to other PBS based visa like tier-2(general) or tier-1(entrepreneur).

I don't think Tier 1(General) can switch to Tier 1(Entrepreneur).

Tier 1 General was meant to be for highly skilled people. That's why the option is there for those that really are highly skilled to switch to Tier 2 General if they didn't use their visa staight away.

[abhisheks9]

I don't think Tier 1(General) can switch to Tier 1(Entrepreneur).

Tier 1 General was meant to be for highly skilled people. That's why the option is there for those that really are highly skilled to switch to Tier 2 General if they didn't use their visa staight away.

You can switch to tier 1 entrepreneur from tier 1 general, i have re-checked from official ukiv website.

[caheda]

@caheda
Trust me I am really sad for your case, and to be brutally honest within existing rules you got no option other than switching to other PBS based visa like tier-2(general) or tier-1(entrepreneur).
Right now I highly suggest to talk to solicitors as well as tier-2 sponsersers, and so far you are 3rd person in this website forum to have suffered due to closure.
I (with admin of my fb group in my signature) already foresaw this scenario and were trying to bring people together but we are only been discouraged and demotivated by most people here so far. Still we are sure that ukvi has been unfair, discriminatory and legally you stand strong chance against if go for judicial review.
I have almost become broken record now

Hi Abhishek, you also had/have this issue?

[abhisheks9]

@caheda
NO I should be fine as I got early extension in October last year but I am always frustrated with ever increasing fees and changing rules.

[ouflak1]

There is no 'right' to be in the UK except for native born UK citizens. Even naturalized citizens can have their citizen stripped and subsequently be deported. As a sovereign nation, this a decision they can make at any time.

The children born in the UK to naturalised citizens can also have their UK citizenship removed now under the new laws. They can do this as they won't be stateless because their birth also gives them a claim to their parents citizenship.

Just wanted to update this a bit. They can only remove the citizenship of children *IF* their birth allows them to claim their parent's citizenship and automatically acquire it. This may not be the case. An example would be if the child were born to parents who had already relinquished any other previous (non-UK) citizenship before the child's birth. Almost no country in the world has rules that allow a child to later have any claim to their parent's relinquished citizenship, except a few that allow an ancestry process that usually takes several years and requires permanent/primary residency.

The UK will never make any minor child stateless, unless they change the recent legislation to do so. I do believe they can and have however done so with some adults. There are some strange caveats though to the recent laws allowing this, most notably, that the person who's citizen was stripped have a plausible path to acquire another country's citizenship, even if they are stateless in the meantime. There are a few glaring problems with this (that were brought up in the debate of this provision).

• *1. What country in the world is ever going to grant to someone citizenship who has just had their former one stripped for Terrorism? Even the likes of Afghanistan, Saudi Arabia, Iran, etc.... won't do that as they've proven with their reluctance to take back native citizens being held in Guantanamo.
  
  *2. How can the UK be sure that something that is plausible now remains so? The rules and restrictions, even just the plain background culture, of the UK seem to change every year. The UK cannot dictate or predict such for any foreign sovereign nation.

[Jas2013]

Basis for Discretionary Application is that my Tier 1 extension is application was to be due in January 2016. I was not made aware by UKBA on change of rules and my application should be considered according to the timeline set by UKBA when I was granted the first extension.

I appreciate that this application is likely to result in a refusal but I will appeal and hope that common sense prevails.

What I am trying to ascertain is if the appeal period could be counted towards legal residence in UK and count towards ILTR ?

@ Pranvayu
what was the outcome ?

[naveediiqbal]

But there is no appeal rights further the application will be deed invalid rather then refused one.