5 years for ILR rule implemented

Edelweiss · Post by **Edelweiss** » Wed Dec 19, 2007 10:01 am

Well, I didn't think they would get it, there is just too much at stake, but until yesterday there was still that little flame of hope - now extinguished. I think the HSMPForum JR will be too late for me, so there the dream ends then. I have to say I feel quite ill. Thank you to all the guys that have been fighting so hard.

Rog · Post by **Rog** » Wed Dec 19, 2007 12:21 pm

Cases like Edelweiss are sad. In 2003-2004 Home Office catagorically promised ILR in 4 years to those who come in under HSMP and remain econmically active and not claiming public funds. Whether they failed to judge that people would do unskilled jobs to survive is primarily their error of judgement for which they are penalising a large no of HSMP holders.

Edelweiss, I would suggest that you make an individual appeal to the Human Rights Tribunal, most cases have been successful here.

Edelweiss · Post by **Edelweiss** » Wed Dec 19, 2007 3:16 pm

Thanks for the support Rog. From what I understand, going the tribunal route is quite expensive and I'm not sure that I have much of a chance - I don't have dependents and I do still have family in my home country, etc, so I wouldn't suffer great 'hardship' if I were forced to leave. Any thoughts on this?

EdgeHillMole · Post by **EdgeHillMole** » Wed Dec 19, 2007 6:47 pm

One more point to consider regarding human rights tribunals:

When HSMP Extension cases went through the tribunal process and applicants won on human rights grounds, they were NOT given HSMP extension. Instead HO gave them a Discretionary Leave to Remain (DLR).

We've been advised by HSMP JR legal counsel that DLR re-starts the ILR clock.

http://www.immigrationboards.com/viewto ... nary+leave

Siggi · Post by **Siggi** » Thu Dec 20, 2007 10:31 pm

Too all you guys that fought this case so hard. All I can say is that I'm totally stunned by the verdict and deeply sorry for the guys that are forced to leave or stuffering hardship as a result of this verdict.

Too those of us that remain and can vote in the future, do not forget the day the BIA robbed you and still called it British fair play.

From this point onwards my attuide toward's tax and paying tax has changed, so they will receive little to nothing from me from now on.

Papafaith · Post by **Papafaith** » Fri Dec 21, 2007 3:43 pm

Who says they can't rip citizenship from immigrants in future? I give myself 24 months, God willing, i will be out of here.
This country does not deserve my tax. So long mates, at least we fought.

Papafaith · Post by **Papafaith** » Sun Dec 23, 2007 7:17 pm

I said earlier that nothing may stop this labour govt from ripping citizenship from immigrants, although this has nothing to do with immigrants, i reckon the stage is been preapared.
Read this:
http://www.timesonline.co.uk/tol/news/u ... 087477.ece

hsmporwp · Post by **hsmporwp** » Fri May 02, 2008 3:31 pm

So will that make any difference in WP holders case?

Wasn't that the same promise for WP holders and HSMPians?

HSMP holder wins right to get ILR after 4 years
--------------------------------------------------------------------------------

1 May 2008

An HSMP holder appealed to the Asylum and Immigration Tribunal against the Home Office refusal to grant them an ILR after 4 years, as promised by the old rules. The Home Office had lost the case, but appealed against the decision. The case was scheduled to be heard again on 1 May, but at the last moment the Home Office has decided to withdraw their appeal and agree with the Court decision, HSMP Forum reports. The applicant is expected to receive the ILR.

kawasaki1 · Post by **kawasaki1** » Sat May 03, 2008 1:40 am

I also dont understand.

When getting a WP before the 5 year rule you were doing it under the premise that you would be able to get ILR in 4 years, just like with HSMP. If this wasnt the case people would have had another think about coming here or about what will happen when their WP expires in 4 years.

So why is it ok to make a ruling against the change in one case and not in the other if in both cases the time to settlement was modified half way through??

Sounds a bit unfair to me, perhaps in light of the HSMP ruling the original case can have an appeal.

latansingh · Post by **latansingh** » Sun May 04, 2008 1:39 pm

I second that.. i think we need to appeal or something...

PASS · Post by **PASS** » Tue May 06, 2008 8:48 am

latansingh wrote:I second that.. i think we need to appeal or something...

My understanding is -

A. For HSMP - it is a route to settlement

B. For WP - you will be eligible for settlement if you crossed time window specified at the time of your ILR application, currently 5 years.

WP ILR 4 to 5 was lost because the way the case was discussed. It was was taken with a sense that 'whether HO has the right to change immigration policy but not about whether it is applied retrospectively?' The court decided, HO has the right to change the policy.

If the court case was taken in a different direction on specific issue (retrospective aspect), WP might have had chance. Again, interpretation of 'B' is not clear,so, HO also has an edge.

sankar · Post by **sankar** » Tue May 06, 2008 9:43 pm

Hi,
Can anyone tell - when can we apply for ILR? after 4 years or 5 years?

~ sankar

sankar · Post by **sankar** » Wed May 07, 2008 9:07 pm

hi,
could anyone please explain me what are the cond to apply for ILR? where can i get info?

~sankar

sankar · Post by **sankar** » Thu May 08, 2008 6:40 pm

Is this thread active?

sankar · Post by **sankar** » Fri May 09, 2008 6:46 am

seems that there is no one looking at this thread anymore. ok.

Siggi · Post by **Siggi** » Fri May 09, 2008 9:31 am

Sankar,

The reason no one has answered your question, is because you are posting your question under the wrong Topic.

But the short and quick answer is, you can apply for ILR after 5 years.

sankar · Post by **sankar** » Fri May 09, 2008 6:47 pm

Hi Siggi,
Thanks for replying me. Could you please let me know if this thread is for ILR or anything else? What this thread for?

Sorry if I again asked something wrong. I was confused.

~sankar

Siggi wrote:Sankar,

The reason no one has answered your question, is because you are posting your question under the wrong Topic.

But the short and quick answer is, you can apply for ILR after 5 years.

PASS · Post by **PASS** » Mon May 19, 2008 4:21 pm

John wrote:The Q&A documents reads :-

Changes to the Settlement Rules to take effect from 3 April 2006 - A question and answer brief

[
Ordinarily I would not post such a long document but in view of IND's incompetence at the computer level I feel this is necessary.

What is new here John, this looks like HO uploaded very old press release by mistake to confuse everyone.

This should have been released in March 2006.

This is not April 1st yet!!

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5 years for ILR rule implemented

HSMP holder wins right to get ILR after 4 years