sorry long post...
K2004 wrote:I advise people to apply for ILR anyway before 3rd of April, even if you havnt finished the 4 year period, in this way you will get a refusal based on 4 years. and thats may help in the future !!!
Nope. you will waste £350 plus jeopardize your ILR prospects even if you appeal or reapply.
tvt wrote:I am more and more convinced that these rules can be challenged (or at least delayed) through the courts for the following grounds:
1. Infringement of Legitimate Expactations.
2. Ultra Vires - by effecting substantial change to British Nationality law bypassing parliament authority. (by practically extending the residence requirement from 5 to 6 years).
3. Faulty or non-existent consultation.
4. Misleading details in material laid before parliament (like the statement that the change does not affect businesses when the HO admits it does).
This is why I mentioned Gherson and other law firms earlier. Can we bring this to their attention at all?
Regarding #2, the residence requirements are effectively extended for all work-related paths to settlement. If this constitutes more than say 75% of all naturalization then I could see the argument there - again the Blair bureaucracy going beyond its reach to rewrite the rules.
mhunjin wrote:Because you weren't forced to come to this country... you made your decision voluntarily keeping in mind your interests and benefits at that time.
Similarly, the govt makes/changes policy to suit their interest and the interest of the country... not for the interest of the non-setteld immigrants whose only purpose to come to this country is for their own benefit!... It's sad, but true.
I came to this country with the legitimate expectation of settlement and the benefits that come with it. I pay my taxes and NI, like any other citizen, in that expectation. In return the country gets my skills, experience and TIME, as an HSMP my skills are definition in demand and the price I chose to put on them was 4 years of loyal service and residence. The government are effectively penalizing 1 year from us (or put another way giving themselves an extra "free" year of our work) and this is the unfair bit.
Of course they have the "right" to do this, of course emigrating here is a privilege, no one is questioning that! Your argument basically that the interest of the government trumps our own, well, you made that decision by choosing not to protest against this extension. This is a free and market based society and if my needs are not met, then I should raise my voice.
I have the uncomfortable feeling that people say "you can't complain" when what they really mean is "you are not entitled to complain". As tax paying law abiding members of this society (what I meant by citizen, not the legal term), we are very much entitled.
lemmess wrote:I think we just have to get used to the idea that going forward work permits are not going to be seen as fast track for settlement and long term immigrantion but as ways to fill temporary resourcing gaps in the economy.
This doesn't match up with the spin being put on the "points based immigration" system where people with specialized skills are being encouraged to work in the UK expressly as a route to eventual settlement.