Sorry I haven'thsmp2010 wrote:push if u have recieved email from Sanjana cud u plz give us highlights of that reply.
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Sorry I haven'thsmp2010 wrote:push if u have recieved email from Sanjana cud u plz give us highlights of that reply.
We we have switned in to and extended to TIER 1. THe approval letter clearly states that it replaces any previous condition. Whether it replaces the binding promise we made to HO in our application is yet to be seen.Radtw78 wrote:If you search the previous post of the original poster.
She got HSMP in Sep 2007, and will not get ILR before July 2011.
That's the whole point.
Very unlikey someone spend so much time just to fool other people.
However, what we could do while waiting is writing to your local MP
(unless your MP is Jacqui Smith....)
MP will only raise a issue if he has received a lot of same concern from different people.
When we applied HSMP, we all need to signe a declaration "I will see UK as my main home...."
Please address this point to your MP, expressing that the "main home" now want to ditch you, it is a hint this government has no integrity and no conscience.
Once MP is convinced that this could be potentially against human right, he will write letters to UKBA and persuade them from applying new rules retrospectively.
Otherwise, we'd need to count on HSMP Forum file a lawsuit again and appeal for judical review.
Even though Home Office has the intention to apply the rules retrospectively, however, MP / High Court are the possible forces to affect the final outcome.confusedhsmp wrote: We we have switned in to and extended to TIER 1. THe approval letter clearly states that it replaces any previous condition. Whether it replaces the binding promise we made to HO in our application is yet to be seen.
Hopefully the HO will take care of this point. BUT the other point here is in our app forms it also stated that we will quulify for ILR in accordance to rulles at the time of application. Dont confuse ILR with citizenship.
I agreeRadtw78 wrote:Even though Home Office has the intention to apply the rules retrospectively, however, MP / High Court are the possible forces to affect the final outcome.confusedhsmp wrote: We we have switned in to and extended to TIER 1. THe approval letter clearly states that it replaces any previous condition. Whether it replaces the binding promise we made to HO in our application is yet to be seen.
Hopefully the HO will take care of this point. BUT the other point here is in our app forms it also stated that we will quulify for ILR in accordance to rulles at the time of application. Dont confuse ILR with citizenship.
After all, MP / High Court's role is to watch if Home Office has abused administrative power.
The new law passed by Parliament doesn't say it will apply to people who are already in the UK. We should not just assume MPs are on Home Office's side.
We should not just sit and cry, instead we should encourage people to write your story to your local MP, telling them how unfair it's going to be to your life. The more people expressing concern , the better.
If we give up on ourselves and do nothing, then we will lose the battle.
And I still hope what this thread talked about is true, that HSMP participants can be exempt from the new rules.
confusedhsmp wrote:I agreeRadtw78 wrote:Even though Home Office has the intention to apply the rules retrospectively, however, MP / High Court are the possible forces to affect the final outcome.confusedhsmp wrote: We we have switned in to and extended to TIER 1. THe approval letter clearly states that it replaces any previous condition. Whether it replaces the binding promise we made to HO in our application is yet to be seen.
Hopefully the HO will take care of this point. BUT the other point here is in our app forms it also stated that we will quulify for ILR in accordance to rulles at the time of application. Dont confuse ILR with citizenship.
After all, MP / High Court's role is to watch if Home Office has abused administrative power.
The new law passed by Parliament doesn't say it will apply to people who are already in the UK. We should not just assume MPs are on Home Office's side.
We should not just sit and cry, instead we should encourage people to write your story to your local MP, telling them how unfair it's going to be to your life. The more people expressing concern , the better.
If we give up on ourselves and do nothing, then we will lose the battle.
And I still hope what this thread talked about is true, that HSMP participants can be exempt from the new rules.
The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.
lovely, now our battle goal evolves to apply citizenship with old rules after obtaining ILR, after July 2011...ashishashah wrote:This is good news for HSMP holdersThe government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.
Hi,sanjana wrote:Copies sent to push
Good luck
Sa
yes but on Home office website it says that people who will apply before july 2011 then current rules will apply for citizenship and ILR. but just like mine case i got HSMp before 7 Nov 06 and will complete ILR in mar 2012. what abt such cases , new rules will apply. but its not fair with usSmart22 wrote:confusedhsmp wrote:I agreeRadtw78 wrote:Even though Home Office has the intention to apply the rules retrospectively, however, MP / High Court are the possible forces to affect the final outcome.confusedhsmp wrote: We we have switned in to and extended to TIER 1. THe approval letter clearly states that it replaces any previous condition. Whether it replaces the binding promise we made to HO in our application is yet to be seen.
Hopefully the HO will take care of this point. BUT the other point here is in our app forms it also stated that we will quulify for ILR in accordance to rulles at the time of application. Dont confuse ILR with citizenship.
After all, MP / High Court's role is to watch if Home Office has abused administrative power.
The new law passed by Parliament doesn't say it will apply to people who are already in the UK. We should not just assume MPs are on Home Office's side.
We should not just sit and cry, instead we should encourage people to write your story to your local MP, telling them how unfair it's going to be to your life. The more people expressing concern , the better.
If we give up on ourselves and do nothing, then we will lose the battle.
And I still hope what this thread talked about is true, that HSMP participants can be exempt from the new rules.
I think Sanajan is right
Pl follow the link below
http://www.bia.homeoffice.gov.uk/siteco ... nts-earned
The problem with the above provision is - the requirement to have a legitimate expectation for grant of ILR in accordance with immigration rules in place when they applied to the HSMP. Now those who applied after Dec06 signed on the dotted lines which said that further leave or extension will be granted based on rules in existence on such future dates. So can these guys claim that they fulfill the above criteria?The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.
Happy to be proved wrong but my contention is, if HO's intentions are clear why have they qualified the statement as above? Why not simply say that all those who got their initial leave on HSMP will be treated per citizenship rules which were in force at the time of their initial approvals?srirags wrote:push, i think u r reading too much into it bcause they have'nt mentioned anything abt our signature on dotted line and the signature on the dotted line is for flr or extension and not for ilr
push wrote:Happy to be proved wrong but my contention is, if HO's intentions are clear why have they qualified the statement as above? Why not simply say that all those who got their initial leave on HSMP will be treated per citizenship rules which were in force at the time of their initial approvals?srirags wrote:push, i think u r reading too much into it bcause they have'nt mentioned anything abt our signature on dotted line and the signature on the dotted line is for flr or extension and not for ilr
The phrase "reasonable expectation" has it's roots in the JR decision so I think above does not automatically apply to all Hsmp ppl. Another point worth noting is that such a relaxation was never agreed or indicated during discussions on the bill. But as I said I will feel happy if I am wrong here
On top on this I would like more.confusedhsmp wrote:...........................WAiting for 'push' to post now.......
EDIITED* SOrry, but I got a point to note here. What is the test of legitimate expectation? I think applicants who were asked to make UK their main home, like us HSMP'ian (post 2006), had this and hence clearance from HO.
But what i can clearly gather from the statement is that Tier1 and or workpermit holders may not given the same treatment.
Smart22 wrote:On top on this I would like more.confusedhsmp wrote:...........................WAiting for 'push' to post now.......
EDIITED* SOrry, but I got a point to note here. What is the test of legitimate expectation? I think applicants who were asked to make UK their main home, like us HSMP'ian (post 2006), had this and hence clearance from HO.
But what i can clearly gather from the statement is that Tier1 and or workpermit holders may not given the same treatment.
HO has not given up..It covers HSMPians till 7 Nov 2006.After this whoever received HSMP they might not be covered becasue there is reason for that.If somebody applied for HSMP after 7 Nov 2006 at that time HO never promised PR in the HSMP scheme.Only HO had made promises to the HSMPians who got their approval before 7 Nov 2006.
Even the HSMPian after implimentation of new bill (After July 2011) would get PR but still they have to face New citizenship law.Because they are going to apply after implimentation of new law.As per new law you must have ILR to get 2 year benefit where u can apply under old rule.
Does it make sence???
Yes there is legitimate expectation for settlement but after how many years ??? Did it mentioned in guidence notes in post 7 Nov 2006 ?vc wrote:Had this been the case, HO would just defer the implementation to Nov 11 instead of july 11, I think anyone reading the guidance notes for hsmp issued after the changes in Nov 06 would also have legitimate expectation for settlement.
Smart22 wrote:On top on this I would like more.confusedhsmp wrote:...........................WAiting for 'push' to post now.......
EDIITED* SOrry, but I got a point to note here. What is the test of legitimate expectation? I think applicants who were asked to make UK their main home, like us HSMP'ian (post 2006), had this and hence clearance from HO.
But what i can clearly gather from the statement is that Tier1 and or workpermit holders may not given the same treatment.
HO has not given up..It covers HSMPians till 7 Nov 2006.After this whoever received HSMP they might not be covered becasue there is reason for that.If somebody applied for HSMP after 7 Nov 2006 at that time HO never promised PR in the HSMP scheme.Only HO had made promises to the HSMPians who got their approval before 7 Nov 2006.
Even the HSMPian after implimentation of new bill (After July 2011) would get PR but still they have to face New citizenship law.Because they are going to apply after implimentation of new law.As per new law you must have ILR to get 2 year benefit where u can apply under old rule.
Does it make sence???
Smart22 wrote:Yes there is legitimate expectation for settlement but after how many years ??? Did it mentioned in guidence notes in post 7 Nov 2006 ?vc wrote:Had this been the case, HO would just defer the implementation to Nov 11 instead of july 11, I think anyone reading the guidance notes for hsmp issued after the changes in Nov 06 would also have legitimate expectation for settlement.
Smart22 wrote:On top on this I would like more.confusedhsmp wrote:...........................WAiting for 'push' to post now.......
EDIITED* SOrry, but I got a point to note here. What is the test of legitimate expectation? I think applicants who were asked to make UK their main home, like us HSMP'ian (post 2006), had this and hence clearance from HO.
But what i can clearly gather from the statement is that Tier1 and or workpermit holders may not given the same treatment.
HO has not given up..It covers HSMPians till 7 Nov 2006.After this whoever received HSMP they might not be covered becasue there is reason for that.If somebody applied for HSMP after 7 Nov 2006 at that time HO never promised PR in the HSMP scheme.Only HO had made promises to the HSMPians who got their approval before 7 Nov 2006.
Even the HSMPian after implimentation of new bill (After July 2011) would get PR but still they have to face New citizenship law.Because they are going to apply after implimentation of new law.As per new law you must have ILR to get 2 year benefit where u can apply under old rule.
Does it make sence???
If HO has said 5 years or 6 year or ... then yes every HSMPian has legitimate right to settle after promised period during the time when your first HSMP has been approved.