For HSMPians admitted to the scheme before April 2006

[geriatrix]

Repeated refusals by the UK government to abide by the spirit of the HSMP JR judgment and revert back to the 4yr ILR qualifying period for people admitted to HSMP before April 2006 (when ILR qualifying period was increased to 5 years) have finally resulted in further legal action being initiated against the Home Office for "not fully complying with the recent High Court ruling". In line with the Judicial Review protocol a notice has been issued to the Home Office.

regards

[Soko_Mukanya]

Hi Sush,

Do you have an indication of what the time lapse will be between issuing the notice and applying for a JR if the HO does not respond (hopefully sense prevails)? And if it does go to a JR, how long to come before a judge and arguments put forward?

[geriatrix]

I think it will be a while before the case gets to the hearing stage and perhaps difficult to ascertain a timeframe for hearing(s) / decision at this stage.

I think, at this point, only a "letter before claim" has been issued to the HO (the first step twoards a JR). HO has 2 weeks to respond to the notice through a "letter of response". Assuming HO continues to maintain their stand and states so through the letter of response, a claim for Judicial Review will have to be formally made. The claim will either be permitted or refused depending on the merits of the case. If permitted and if HO decides to contest, HO must submit evidence within 35 days of service of the order granting permission. It is only then that the case is ready for substantive hearing on a mutually convenient date (from a list of available dates offered by the court office).

12.3 Where advocate's details have been placed on the court record, the parties will be contacted by the Administrative Court List Office in order to seek to agree a date for the hearing. You and advocate's clerks will be offered a range of dates and will have 48 hours to take up one of the dates offered. If the parties fail to contact the List Office within 48 hours, the List Office will fix the hearing on one of the dates offered without further notice and the parties will be notified of that fixture by letter. Where a hearing is listed in this way the hearing will only be vacated by the Administrative Court Office if both parties consent and good reason is provided for the need to vacate the fixture. Failing that, a formal application for adjournment must be made (on notice to all parties) to the Court.

It is also possible that the case is decided without a hearing.

14.1 The court may decide a claim for judicial review without a hearing where all parties agree (CPR Part 54.18 ).

regards

[Soko_Mukanya]

Thanks for an informative reply, sush.

[jairaj]

http://www.workpermit.com/news/2008-08- ... l-2006.htm

[geriatrix]

Press release, ILR legal challenge and the letter before claim

regards

[geriatrix]

It seems the notice was issued to HO on 30-July. So the 2 week time-limit within which HO had to reply is over. Hoping for the other forum to publish an update soon.

regards

[Soko_Mukanya]

Looks like the dealine has come and gone. Has anyone heard of any updates to this issue at all?

[javaid10]

Guys,

Reply from HO was as expected, they are still reluctant to reverse the illegal changes to ILR for HSMPians who admitted before April-2006 and HO is ready to waste more Tax payer's money yet again.

It is not yet publicially mentioned on other forum website but reply is already received on 18-Aug-08 and the matter is in under consideration at the moment.

Battle will continue..., I'll keep you posted.

Regards
Javed

[Soko_Mukanya]

Thanks for the update, javaid. I wonder what happens when this JR is successful as well and we've all made plans based on new extensions? Its a pity the HO does not consider the implications of their actions

[Soko_Mukanya]

Guys,

Reply from HO was as expected, they are still reluctant to reverse the illegal changes to ILR for HSMPians who admitted before April-2006 and HO is ready to waste more Tax payer's money yet again.

It is not yet publicially mentioned on other forum website but reply is already received on 18-Aug-08 and the matter is in under consideration at the moment.

Battle will continue..., I'll keep you posted.

Regards
Javed

Hi Javaid10/All,

Any word yet on next steps being taken by HSMP Forum?

[javaid10]

Guys,

Reply from HO was as expected, they are still reluctant to reverse the illegal changes to ILR for HSMPians who admitted before April-2006 and HO is ready to waste more Tax payer's money yet again.

It is not yet publicially mentioned on other forum website but reply is already received on 18-Aug-08 and the matter is in under consideration at the moment.

Battle will continue..., I'll keep you posted.

Regards
Javed

Hi Javaid10/All,

Any word yet on next steps being taken by HSMP Forum?

Hi Soko_Mukanya,

There is bit of wait until the start of 2nd week of September, before any discussions on the matter could be started. People who work hard for JR deserves some holidays.

I'll update you guys once things get started...

Regards
Javed

[kssoni]

Any update on ILR Issue

[javaid10]

Any update on ILR Issue

ILR JR is on way...., before ILR JR, another notice is on way to HO.

Will update again in due course..

[sesseda]

Hi Javed and All,

I am very grateful to HSMP Forum Ltd for chasing Home Office on this. I hope they will have another successful JR for the 4 years ILR. Having ILR in 4 years rather than 5 will make a big difference to us who are affected from this change. Because no one knows how they will change the rules within 1 year time.

I would appreciate if you could update the forum site as soon as you receive news from HSMP Forum Ltd on this issue.

Many thanks,
Seda

[ethan]

i just got me hsmp (tier 1) extending for 3 years. But i hope i can apply ILR under old rule. as we do not know what will be changed next year. silly HO.

[geriatrix]

The group is in the process of filing another Judicial Review before 9th October 2008 for the April 2006 4 to 5 years ILR Changes. Further Notice / Letter Before Claim has been sent on 15th Sept 08 to the Home Office on additional issues, which would be included in the proposed ILR Judicial Review.

regards

[msk1978]

Thanks for update sushdmehta. Just wondering do you have any idea about the contents of HO letter dated August 18 which was sent in response to the initial letter in July sent by HSMP Forum regarding 4 to 5 year rule change.

Many thanks

[gpawank]

Dear all,

Is anyone aware of any further updates on ILR change please please.

thanks

gpk

[javaid10]

ILR JR is going to be filed before 09th Oct...

Dear all,

Is anyone aware of any further updates on ILR change please please.

thanks

gpk

[ramesheuk]

Hi Friends,

Need urgent help...

Applied HSMP (Initial application) on 26/10/2006.
Got approval letter on 05/12/2006.
FLR on 15/12/2006.

Now I need to extend my HSMP.

Can I apply in old HSMP rules (based on JR)? Because I don't have IELTS certificate.
And may I know what are the documents I need to submit along with my application?
Please could any one PM the covering letter?

Thanks in advance,
Ramesh

[geriatrix]

In any event, we consider that there is a further fundamental obstacle in the way of any purported challenges. As you recognised in your letter dated 30 July 2008, the policy is silent on the issue of the qualifying period for ILR. In essence, this is because it is intended that the status quo should remain in place, i.e. the position should continue to be governed by the changes to the immigration rules made on 3 April 2006. If, as contended by your clients, this application of the increase in the qualifying period for ILR to HSMP holders is unlawful (which we strongly dispute), it has been unlawful since April 2006, regardless of Sir George Newman's judgement. As such, we consdier that, in substance, your clients' proposed claim must be that it was and is unlawful to apply those April 2006 changes to certain categories of HSMP holders. As such, properly analysed, it constitutes little more than a thinly-disguised challenge to the introduction of those changes in April 2006 and their application to HSMP holders from that date.

In our view, any challenge to those changes would be long out of time. The relevant changes occurred almost 30 months ago and there is simply no basis on which time should be extended. In particular, we anticipate that your clients have been aware of the changes since they were introduced. Certainly, it was made absolutely clear in the witness statement of Simon Monks dated 22 Feburary 2008, served in the previous judicial review, that the April 2006 changes to the qualifying period for ILR were being applied to HSMP holders (see paragraph 16). If your clients were concerned about the application of the April 2006 changes to HSMP holders, they should and could, have brought a challenge promptly after 3 April 2006, and in any event within three months of that date. You will be aware that within the time it has taken your clients to turn their minds to this issue, a challenge to the changes introduced in April 2006 has already been made and failed (Ooi, referred above, in which the Court of Appeal have already rejected an application for permission to appeal).

Accordingly, we believe that your clients' proposed challenge to the policy is misconceived, both on substantive grounds and on grounds of delay.

HO is claiming that there is no basis of a JR on the 4 to 5 year change since this issue was never part of the original lawsuit and that 30 months after the change came into effect there is no basis for a JR (which has to be filed within 3 months after the grounds upon which the claim is based first arose).

Assuming the claimants will make an application for JR inspite of the above response from HO, let's see if the judge grants permission for JR when the application (for JR) comes up for consideration. Fingers crossed!!

regards

[geriatrix]

Judicial Review application challenging the April 2006 4 to 5 years Indefinite Leave to Remain changes was filed on 8th October 2008.

regards

[QMalik]

Hello,

Need advice please, I in one of those covered by JR. I have been in permanent employment since last 18 months. Now my extension is due in next 2 months. Unluckily due to current financial crises, my employer started cutting staff. I am in one of victoms of those. I m still in job but wouldnt be in a month time. I have gone through the application form it asks whether ' you are in emplyment or unemployed'. As all are aware the criteria for extension requires financial active. Although I feel my self financially active, but I had to fill un employed if I wont be able to find any new job till then. Can any body please help? Should I apply extension quite early to be in the employment catogory when I apply? or I should wait n then give all true information.

Thanks

[javaid10]

ILR JR is been argued in court at the moment, see the press release...

http://www.hsmpforumltd.com/hsmilrpr.html