Gap in HSMP ILR JR policy

[motor]

First of all, I would like congratulate all with HSMP JRs victory. I would like just mention and see if you have any comments on this.

Prior to April 1st, 2009, nationals of certain countries(mentioned below) were exempt from UKBA fees towards their applications. Some HSMP holders from these countries had to make the second extension(free of charge) to continue to qualify for 5 years ILR, which is now recognised as unlawful and were not supposed to happen.
The nationals of these countries would have applied for ILR free of charge before April 1st, 2009, but now the charge is applicable. The policy states that the refund would be issued for the second extension, that would not make any sense as there was no payment for the extension in the cases above. I would think ILR fee should be waived as it would not have been applicable or other arrangements to be made, should the ILR application had been processed based on 4 years ILR qualifying period.

Would be great to hear what your thoughts are on this.

Best regards

PS. As per previous guidance: SET(O)Guidance Notes version 11/2008 - page 3 of 7
“Fee exemptions. The nationals of states which have ratified the Council of Europe Social Charter (1961) or the Revised Social Charter (1996) are exempt from the requirement to pay the specified fee in the work permit holder and highly skilled migrant categories; and in the Tier 1 (General) migrant, Tier 1 (Entrepreneur)migrant and Tier 2 migrant routes. The countries concerned are Albania, Andorra, Armenia, Azerbaijan, Croatia, Georgia, Moldova, the former Yugoslav Republic of Macedonia, Turkey and Ukraine.â€

[livejazz]

I really wonder how UKBA decided to charge those nationals suddenly. 1961 Council of Europe Charter or the 1996 European Social Charter (revised) is very old agreement. Was it cancelled somehow?

[Sten]

Was it cancelled somehow?

.. or they have found a loophole to avoid it

[motor]

UKBA being as per its usual, does not explain it anywhere and none of the officers over the phone had any idea....