Can we go ahead with our fights ?

[Anishmani]

Response from UKBA
Dear Anish,

As I attempted to highlight in my previous response, immigration decisions are taken according to the immigration rules that prevail at the time an application is submitted. The guidance notes to the work permit arrangements informed applicants that the rules were always subject to change and as such should have no expectation that they would automatically be granted indefinite leave to remain in the UK.

The HSMP guidance suggested that applicants would be able to apply for ILR after 4 years, regardless of changes made to the immigration rules. This is not the situation for migrants with leave as work permit holder and as such, the continuous leave requirement for ILR applications remains at 5 years. Regards

Simon King
Operational Policy (Employment)
Guidance, Litigation and Advice Directorate
Directorate of Central Operations and Performance
Vulcan House - Iron
UK Border Agency
PO Box 3468
Sheffield, S3 8WA



--------------------------------------------------------------------------------
From: Anish [mailto:aneeshma@yahoo.com]
Sent: 27 April 2009 14:40
To: xxxxxxxx
Cc: Employment Policy
Subject: WP policy


Dear sir

With respect to the mail i would like to ask you few doubts,

As you wrote in the second para of the email 'The published guidance notes to the work permit arrangements prior to April 2006 did not give rise to such expectations'. I cam to UK in dec 2004 and in my workpermit cond 16 says, "A work permit holder who has spent a continuous period of 4 years in approved employment and is still required for the employment in question may apply for the removal of the conditions attached to their stay. Such applications should be made direct to the Integrated Casework Directorate at the Home Office in Croydon on form SET(O), which may be obtained by telephoning 0870 241 0645 or from our website at www.homeoffice.gov.uk. This does not apply to work permit holders who have been in the United Kingdom on a Multiple Entry work permit, TWES permit or SBS permit."
I am attachihng a copy of page 2 of the workpermit.


Thanks

Anish


What you all think ? Any ideas for this response from UKBA

[PaperPusher]

If what you are saying is correct, I am following your argument, TWES permit holders cannot apply for ILR even if they have been here for 4/5 years. Nor people on multiple entry (issued for 2 years only) permits!

Get serious legal advice about this. The HSMP JR was won because the HSMP people had a "legitimate expectation" that the rules would not be changed in their case. The Home Sec has a right to change the rules and you would have to argue that there was a legitimate expectation that any changes would not apply to current work permit holders. I think you stand a poor chance of winning if that is the best that you can come up with. The HSMP people were given some sort of undertaking and this is what swung it for them. Also that they had to promise to make the UK their main home. Work permit holders are not in the same situation at all.