5 years for ILR rule implemented

[bani]

51. We therefore recommend that the Immigration Rules be urgently amended so that
both the lengthening of the qualifying period for settlement and the introduction of
stricter requirements for the extension of leave apply only prospectively, that is, to
future applicants to the HSMP. We recommend that those who had already been
granted leave as a highly skilled migrant on the HSMP when the relevant changes took
effect should be treated according to the rules which applied before those changes.

I like the document from the parliament!

I like it a lot too!! They are covering the 4-to-5 rule change in this.

[gseekl]

I am a bit worried, because at the time of 4-5 was introduced, I was a work permit holder, but I subsequently got HSMP (under the new rule). If the Home Office is forced to revert it rule back to 4 year, it has the incentive to limit it to the people who had HSMP at the time when 4-5 was introduced.

I agree that the campaign uses HSMP as a bargaining power to attract attention, but the same time, it risks sacrifice the interest of those who are not HSMP but nevertheless also suffer from the unfair retrospective change.

So I am still worried.

[hsmporwp]

Home Office minister Vernon Coaker rejected criticism of new, retrospective changes to the UK's Highly Skilled Migrant Programme (HSMP) from a report by parliament's joint committee on human rights published on 09 August 2007.
According to the report, the tighter rules implemented in November of 2006 that are applied retrospectively to skilled migrants seeking a renewal of their HSMP visa are in breach of Article 8 of the European Convention of Human Rights.
Coaker responded by saying that most of highly skilled migrants will be allowed to remain in the UK under the new rules. The report suggested that as many as 49,000 people currently in the UK under HSMP could face deportation.
"The vast majority of people who have come in under the highly skilled migrant programme we expect to pass the further tests. We don't expect it to impact on very many," he said during a BBC radio program interview.
"But there are some for whom we set up the scheme who aren't working in highly-skilled jobs and we think it only right and proper that we ensure that the integrity of the scheme is maintained," he added.
According to Mikhail Spivakov, a spokesperson for the Voice of Britain's Skilled Immigrants, the number of migrant workers affected is considerable.
"These changes will not see 90 percent of HSMP workers deported, more like 6,000, but it will affect many more people than just those on HSMP visas," said Spivakov in a statement.
The Highly Skilled Migrant Programme, introduced in 2002, is a points based system that assesses a migrant's ability to take employment and live in Britain without a specific job offer. Migrants are assessed on criteria such as age, past earnings, and English language ability.

http://www.workpermit.com/news/2007-08- ... hanges.htm

[SYH]

I am a bit worried, because at the time of 4-5 was introduced, I was a work permit holder, but I subsequently got HSMP (under the new rule). If the Home Office is forced to revert it rule back to 4 year, it has the incentive to limit it to the people who had HSMP at the time when 4-5 was introduced.

I agree that the campaign uses HSMP as a bargaining power to attract attention, but the same time, it risks sacrifice the interest of those who are not HSMP but nevertheless also suffer from the unfair retrospective change.

So I am still worried.

I think retroactive principle applies to all
It was 4 for WP too, if I am not mistake so I don't see why you'd get the shaft on that one.

[gseekl]

I am a bit worried, because at the time of 4-5 was introduced, I was a work permit holder, but I subsequently got HSMP (under the new rule). If the Home Office is forced to revert it rule back to 4 year, it has the incentive to limit it to the people who had HSMP at the time when 4-5 was introduced.

I agree that the campaign uses HSMP as a bargaining power to attract attention, but the same time, it risks sacrifice the interest of those who are not HSMP but nevertheless also suffer from the unfair retrospective change.

So I am still worried.

I think retroactive principle applies to all
It was 4 for WP too, if I am not mistake so I don't see why you'd get the shaft on that one.

What if Home Office decides that 5 years is reverted back to 4 year, but ONLY for HSMP holders?

[olisun]

What if Home Office decides that 5 years is reverted back to 4 year, but ONLY for HSMP holders?

Then they create more trouble for themselves.

[willnotbackHSMP]

What if Home Office decides that 5 years is reverted back to 4 year, but ONLY for HSMP holders?

Then they create more trouble for themselves.

And then they will sort out their trouble if any.

[try-one]

It has been a little over five years since I arrived; originally I was expecting to apply for citizenship by this time.....it looks like the HO won and there was no way to reverse the changes.....I wrote to my MP, I protested in front of the parliament, I gave money to support the JR, complained at internet forums, complained with friends and at the end there is only one thing left.....wait another year! in a few days I will be in one of the PEOs applying for my ILR, hopefully I don't get another surprise from the HO.

[Siggi]

Yes it is sad but true. The HO have won this and we have been the victim's
and have had to pay for it in terms of extra costs involved in extended visa's exct.

Please do not forget this and when it comes to the next elections 2009/2010 "Labour screwed us"

[gainvidya]

I beleive Dec 13/14 is the dead line for the jury to give thier views on this issue!

[Siggi]

Gainvidya,
You are right 13/14Dec is the date set out for the JR, but the point is that it doe'snt matter either way now.
The HO won't pay us our money back that we have already spent in extending our visas and they are not going to say ok you guys have been wronged so heres your ILR.
So in my view the JR is now a waste of time.

[timefactor]

try-one: good luck mate! we have to get on with these things.

my appointment is next tuesday @croydon

[gainvidya]

All the best timefactor

[aj77]

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.
I argued in my complaint about my eligibility for ILR after 4 years.I further argued that asking me to apply under current immigration rules is the breach of article8 ECHR.

[mansawant]

Hi,

Hearing is on next monday and tuesday. I hope this time it won't get postponed. But if it's not postponed I am sure we will win the case. Is it possible to attend the hearing? I mean to ask can we attend the hearing in the court?

Thanks & Reply,
Mansawant

[a11]

Hearing is on next monday and tuesday. I hope this time it won't get postponed. But if it's not postponed I am sure we will win the case. Is it possible to attend the hearing? I mean to ask can we attend the hearing in the court?

Yes you can. Please arrive early as public places are limited. You'll be able to check the time and court number on the HMCS website: http://www.hmcourts-service.gov.uk/cms/ ... arings.htm

The Monday schedule should appear tomorrow.

[mansawant]

Hi,

Thanks for the link. I checked the link, but couldn't find out the category under which I can check schedule. I would like to request you to find out and let me know the details of the case hearings. Once again thanks for the info.

Thanks & Regards,
Mansawant

[ssi]

http://www.hmcourts-service.gov.uk/cms/list_admin.htm
COURT 27
Before MR JUSTICE MITTING
Monday 17 December, 2007
At half past 10
Applications for Permission
CO/4747/2006 The Queen on the application of Ooi v Sshd

[gainvidya]

http://www.hmcourts-service.gov.uk/cms/list_admin.htm
COURT 27
Before MR JUSTICE MITTING
Monday 17 December, 2007
At half past 10
Applications for Permission
CO/4747/2006 The Queen on the application of Ooi v Sshd

It says "Applications for Permission".
I would have expected "FOR JUDGMENT" or "FOR HEARING"!

[ssi]

http://vbsi.org.uk/index.php?page=jr_timeline
9. On the 17 December 2007, the Court will have to decide if our case is arguable. If it's found to be arguable, permission will be granted and the Court will proceed to hear substantive arguments from counsels on the case itself. That's why it's called a rolled up hearing.

[gainvidya]

I see!

So it appears that if the court thinks the case is arguable then another 3 months..... for HEARING or JUDGEMENT.

[hsmporwp]

Permission for ILR JR granted

Update from the courthouse:
Permission for the ILR 4-to-5 Judicial Review has been granted and the full rolled up hearing is under way. More details soon...

from vbsi web page...

[gainvidya]

Permission for ILR JR granted

Update from the courthouse:
Permission for the ILR 4-to-5 Judicial Review has been granted and the full rolled up hearing is under way. More details soon...

from vbsi web page...

Excellent start.
When could we expect the hearing? in days, weeks or months....

[VictoriaS]

No, it is under way. Should have a decision tomorrow.

Victoria

[mansawant]

Hi,

Tomorrow the hearing will start at the same time (10:30am) or at different time and at same location (court 27) or different court? I was unable to attend the hearing today but I want to attend it tomorrow if it gets continued till tomorrow.

Thanks & Regards,
Mansawant