New Changes and 5yr current Promise for tier 1

[ub4u]

As most of you know the JR in case of HSMP forum and the end result was that the promise of 4yrs should be kept...

Now the new changes are coming, I want to know how the current tier 1 (or people who extended recently on tier 1 form WP) would be affected.

would there be another JR after the new changes come into force next year as currently tier 1 are promised ILR after 5yrs

[PaperPusher]

As most of you know the JR in case of HSMP forum and the end result was that the promise of 4yrs should be kept

I think you have misunderstood what the JR was about.

[willnotbackHSMP]

would there be another JR after the new changes come into force next year as currently tier 1 are promised ILR after 5yrs

Tier-1 visa holder is not given promised that he/she will get ILR after 5 years rather earlier it is informed to him/her clearly that immigration rule can be changed by UK Govt. any time in future and possibily he/she will be affected.

[ub4u]

As most of you know the JR in case of HSMP forum and the end result was that the promise of 4yrs should be kept

I think you have misunderstood what the JR was about.

I understood the JR and it was concerning changes implemented in april 2006 and the one of the most important change was ILR (4 to 5yrs)

My question is the current immigration law says that tier 1 will be eligible for ILR after 5yrs but new changes will make it to PR for 3yrs and then CS after that...

In JR the changes for HSMP holders in immigration law were challenged ...

[MrBaboo]

As most of you know the JR in case of HSMP forum and the end result was that the promise of 4yrs should be kept

I think you have misunderstood what the JR was about.

I understood the JR and it was concerning changes implemented in april 2006 and the one of the most important change was ILR (4 to 5yrs)

My question is the current immigration law says that tier 1 will be eligible for ILR after 5yrs but new changes will make it to PR for 3yrs and then CS after that...

In JR the changes for HSMP holders in immigration law were challenged ...

There is no promise of ILR after 5 years for Tier 1 applicants as you seem to believe there is. The current rules state you need 5 years to get ILR but that is subject to change.

The HO, having learnt its lesson from the HSMP and the two associated JRs, has made you sign a statement on your Tier 1 application form to confirm that you accept that the immigrations rules could change at a later date.

Had they done this for the HSMP, the JRs would likely have failed. Instead they made explicit promises that future immigration changes would not affect the HSMP and this was the basis for the win (it created a legitimate expectation and the government's reason for reneging on this was not proportionate to the suffering it created).

[tech]

It is very imporant to note lot of orginal applicants of HSMP no longer hold their visas according original terms and conditions under which they entered. Because they needed to apply for extensions before none of the JRS came into effect. Now they are under Tier 1 general or under revised hsmp took effect on dec 6 2006. Very few of them especially people applied for extension between apr 06 and nov 06 are still under original terms and condtions because they are granted 4 years extension.

What JR did was make those new terms and conditions void and re-instanted their orginal terms and conditions. Hope this helps.