Judgement on HSMP extension

[bsuresh]

Hi,

This is regarding today's decision of home office on HSMP extension (not to appeal against the court judgement). Would any body please help me in knowing the so called 07th Nov 2006 for old HSMP extension, is the date of HSMP approval letter or date of visa stamping.

Thanks in advance.

Regards,
Suresh

[alientrader]

Hi,

This is regarding today's decision of home office on HSMP extension (not to appeal against the court judgement). Would any body please help me in knowing the so called 07th Nov 2006 for old HSMP extension, is the date of HSMP approval letter or date of visa stamping.

Thanks in advance.

Regards,

Suresh

go to the other forum and ask?

[Administrator]

.

If the HSMP was approved before December 2006, it is under the old rules. The Home Office stopped accepting HSMP applications on 06/(07?) November 2006 ... But. all those applications received on or before that day were processed and fall under the old rules.

When HO began accepting applications again in early December (05?) 2006, all the newly accepted applications were processed and fall under the new version of HSMP rules.

The courts' decision applies to people who received HSMP under the old rules but were required to extend it under the new rules.

the Admin

[docitduo]

I am in a similar situation i.e.- approval letter dated beyond 07-Nov. I tend to agree with Administrator and hope BIA interprets the judgment in the same way .

Also, IMHO, as long as the approval letter states that the application was assessed against 65 qualifying points (under new rules it changed to 75 points), then irrespective of the date of the approval letter the case should be deemed as falling under "old rules". After all, applicants cannot be blamed if HO was unable to allocate caseworker / decide on the applications on/before 07-Nov. The applicants weren't aware of HO's plans to implement the new rules .. until 07-Nov !!!

regards

[vinay shanthi]

.

If the HSMP was approved before December 2006, it is under the old rules. The Home Office stopped accepting HSMP applications on 06/(07?) November 2006 ... But. all those applications received on or before that day were processed and fall under the old rules.

When HO began accepting applications again in early December (05?) 2006, all the newly accepted applications were processed and fall under the new version of HSMP rules.

The courts' decision applies to people who received HSMP under the old rules but were required to extend it under the new rules.

the Admin

the hsmp approval letter clearly states that it os not a visa and that to be able to enter uk people need to apply for a visa within 6m or it would expire. so there is some element for doubt about whether having ust a approval letter for hsmp before cutoff date will be considered as enough for old rules now. this is my personal interpretaion. i am pretty sure going by what has happened till now in the ase. HO will actively try to disadvantage people as much as they can, many times they actively do so in the hope that they can get away with bloody murder, purely on the knowledge that not many will challenege them and even among the people who do challenge them, very few will have the staying power. a good proof for this logic of HO is that during early application stage the HO was trying to say there is no case for JR and anyone affected will have to go to AIT individually. my guess is that they will try underhand tactics again and again forcing people to AIT / individual JRs. after all they are not really accountable for their acts of ommission and commission. next election yes, but they already know they are on the way out i guess. no wonder they are rushing thru all manners of PFI ideas etc etc so that they can have a job in those same companies they favoured, later as advisors etc.

[apply4hsmp]

Home Office or BIA have put themselves in a soup and in their wildest dreams also they may not have thought of being in such a situation. Now they have to amend rules to help people who came to UK earlier and not apply rules retrospectively.

Lets see what they come up with to help old HSMP holders.

[docitduo]

"It is ordered and declared that this claim be allowed and that the defendant has acted unlawfully in applying H.C. 1702 Rule 135D to persons already admitted to the Highly Skilled Migrants Scheme as at the 7th day of November 2006".

In my humble opinion, the decision should benefit all those "admitted to the HSMP scheme" (as the court decsion states) and not just those who were "aready in UK" or "had a visa stamped" as at 07-Nov.

But agree that we will not know until BIA comes up with new guidelines in response to the JR judgment.

regards

.

If the HSMP was approved before December 2006, it is under the old rules. The Home Office stopped accepting HSMP applications on 06/(07?) November 2006 ... But. all those applications received on or before that day were processed and fall under the old rules.

When HO began accepting applications again in early December (05?) 2006, all the newly accepted applications were processed and fall under the new version of HSMP rules.

The courts' decision applies to people who received HSMP under the old rules but were required to extend it under the new rules.

the Admin

the hsmp approval letter clearly states that it os not a visa and that to be able to enter uk people need to apply for a visa within 6m or it would expire. so there is some element for doubt about whether having ust a approval letter for hsmp before cutoff date will be considered as enough for old rules now. this is my personal interpretaion. i am pretty sure going by what has happened till now in the ase. HO will actively try to disadvantage people as much as they can, many times they actively do so in the hope that they can get away with bloody murder, purely on the knowledge that not many will challenege them and even among the people who do challenge them, very few will have the staying power. a good proof for this logic of HO is that during early application stage the HO was trying to say there is no case for JR and anyone affected will have to go to AIT individually. my guess is that they will try underhand tactics again and again forcing people to AIT / individual JRs. after all they are not really accountable for their acts of ommission and commission. next election yes, but they already know they are on the way out i guess. no wonder they are rushing thru all manners of PFI ideas etc etc so that they can have a job in those same companies they favoured, later as advisors etc.