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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
dimsav,dimsav wrote:My previous post on IEB enquiry was just a narrative intended to keep this forum informed on current instructions in UKBA on WP holders in view of July 2011 changes. It was not an intention to give any (false) hopes to WP holders, just a fact that currently UKBA refused to admit/comment any changes in near future. This is likely because of them being instructed to advice on the current legislation only. Then such a situation will probably last until an exact date of new rule implementations will be finally settled...
Do you think, is it reasonable to approach an immigration lawyer now, or they might refuse to comment on the same grounds?
How come that nobody was affected? I would anticipate that the change from 4 to 5 years would affect them as much as it did to HSMP... Anyway, WPs seem now to fight back, see Immigration Welfare. Does anyone have a contact with them? (The forum is for paid members only...) Maybe it is worth trying again now, with more WPs being affected...Sky_High wrote: The last JR was rejected because at the time of hearing no applicant was affected with the rule. I still believe that this case can be won like HSMP plus every one on WP can also win the right to get ILR after 5 years.
I am fine with PBS, raising bars, etc. - you just make calculations before you decide. Decision to immigrate is already a long-term commitment and not "just a trip" (as government wants us to see it), with many factors being taken into account well in advance. What drives me mad is the retroactive implementation of changes. To the best of my knowledge, this does not exist anywhere else in EU.Sky_High wrote: 1 - Every one (Other than HSMP holders) will be affected the new rules after July-11.
2 - New system will be point based. (And like other point base systems bar can be raised).
I share your concern, too (the differences become explicitly seen, e.g., when trying to read and compare the "old" Part 5 and "new" Part 6A of Immigration Rules). I am afraid, however, that "uniqueness" of the UK system is rather in its "retro-activity" (that is not possible in EU) and not in getting ILR in 2 hours (that is quite common in other EU countries).Pierrot95 wrote: I am rather concerned about the tendency of the government to move from what was a system with simple and clear rules to a kind of blurry regime. The possibility of walking into an office and get out two hours later with an ILR sticker on your passport is quite unique in the world. We are losing it.
At the time there were only 5 to 10 named claimants in the case (look up VBSI), they weren't allowed to add any more before the main hearing. These people had not been in the UK for 4 years.dimsav wrote:How come that nobody was affected? I would anticipate that the change from 4 to 5 years would affect them as much as it did to HSMP...Sky_High wrote: The last JR was rejected because at the time of hearing no applicant was affected with the rule. I still believe that this case can be won like HSMP plus every one on WP can also win the right to get ILR after 5 years.
Then what would the second attempt by Immigrant Welfare mean? Nobody commented here on this activity so far (hope it isn't fake). Now there are many more WPs (also those switched to Tier 1/2) affected by coming changes, so the case would be much more stronger...bani wrote: Unfortunately, you cannot re-do this case. Most of the people affected by the 4-to-5 rule change now have ILR or citizenship or left the country.
They are trying to collect funds to fight the case. Because a lot of affected people already got ILR so they are not doing great. One thing which wp holders are missing is that if they win the case than any body on wp can apply ILR. So simply its not 4 to 5 year case. this is the only ray of hope for them if they do not want to be affected with July-11 rulesdimsav wrote:Bani, thanks for your clarifications regarding WP JR.Then what would the second attempt by Immigrant Welfare mean? Nobody commented here on this activity so far (hope it isn't fake). Now there are many more WPs (also those switched to Tier 1/2) affected by coming changes, so the case would be much more stronger...bani wrote: Unfortunately, you cannot re-do this case. Most of the people affected by the 4-to-5 rule change now have ILR or citizenship or left the country.
I agree. All the migrants whether WP or Tier1 who were in UK before the new Law (earned citizenship) came in 2009 should get ILR in 5 years. Migrants already making their journey towards permanent resident or citizen should not be denied towards the end of it. It is like moving the goal post and makes a strong case to fight.Sky_High wrote:No - if wp holders challenge 4 - 5 year changes and also challenge that their right to apply ILR should be accepted like HSMP holders than they have ray of hope.
You can not sit and do nothing.
I am sure that july-11 laws applying to those, who are already in the system, can be challenged. high court, eu court or on human right grounds.
immigrating to a new country is a life changing big decision. govt can not tell you and your families that you have been here for last five years and now go home.
Point base PC will be a pain. We do not know the point but what happen if they think that they only need to settle thirty thousand immigrant in 2012 and raise the salary bar to 80K? This system will be a polite way of telling the rest of people that you can not settle here after 5 years.
You can expect worse laws from Tories. Second thing Tories agreed with this bill so there are very small chances that they will scrap it. I do not see any point that Tories or any one can scrap this bill. At implementation stage any party can make it as much harder as they want so no need to pass any new bill.smaganti wrote:HI iam in the same Boat as you.I will be eligible for my ILR on 23rd July 2011. So if they change the rules on 6th of July i will not be eligible.Hopefully Toris will win the lection and scrap this rule.
Agree,Sky_High wrote:You can expect worse laws from Tories. Second thing Tories agreed with this bill so there are very small chances that they will scrap it. I do not see any point that Tories or any one can scrap this bill. At implementation stage any party can make it as much harder as they want so no need to pass any new bill.smaganti wrote:HI iam in the same Boat as you.I will be eligible for my ILR on 23rd July 2011. So if they change the rules on 6th of July i will not be eligible.Hopefully Toris will win the lection and scrap this rule.