JR - HSMP approvals dated between 07-Nov & 05-Dec 2006?

[hsmpinuk70]

As per the JR judgement - "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 view of this, what would be the legal status of those successful HSMP holders who had submitted their HSMP applications before 07-Nov-06 (under the old rules) but their approval letters are dated between 07-Nov and 05-Dec ??

HO had stopped accepting new applications between 07-Nov and 05-Dec, essentially enforcing a month long black-out period, but there were scores of HSMP applicants whose applications were received by HO before 07-Nov. These applications were submitted and received by HO when the old rules were in force, but were processed and decided upon between the black-out period of 07-Nov to 05-Dec. So just because the approval letters are dated beyond 07-Nov, does it mean the JR judgement doesn't treat them favourably even if these candidates applied for HSMP under the old scheme ???

regards

[matsnoel]

Hi...thanks for directing me here. I have sent an email to the HSMP Forum (including one to Amit Kapadia) and to the Home Office. Not sure when and if, these folks will get back. I would certainly hope for a greater clarity in the matter. Assuming my limited understanding might be correct, I take the judgement to impact 'those who have been accepted under the rules applicable as at 7th November 2006'. In point of fact, it should be 5.00 pm, 8th November (because that was the deadline announced by Liam, the immigration minister).

I will not look forward to be corrected but certainly, to be encouraged in the aforementioned view. Any help would be much appreciated.

[matsnoel]

My apologies for getting the date wrong. It is 7th November not 8th.

[docitduo]

I am in a similar situation i.e.- approval letter dated beyond 07-Nov. I too have sent an email to the other forum but I have my doubts if they will respond. In case you get a reply from them, do send me a PM and if I hear from them I'll update you both.

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

[matsnoel]

Just sent a reply to ukjobsforme. Just wanted to confirm if you've received it.

[docitduo]

Yes, thanks !!

Just sent a reply to ukjobsforme. Just wanted to confirm if you've received it.