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I am with you on this, having been affected as well. How shall we proceed people?aakash.reuben wrote:Ten of thousands of PSW permit holders are affected by the new rules published by Home Office that came into effect from 19th July 2010.
Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years time fulfilling certain conditions are facing the uphill task of achieving unrealistic earnings or getting disqualified.
The Govt cannot categorically alter those conditions halfway through, based on which the students got their PSW and working towards achieving the tier 1 general visa.
The Govt if they want can implement new conditions from this present date for the issuance of future visas, but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.
It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010 and honours the commitments when they granted PSW visas to the eligible candidates, failing to which all the PSW holders will be compelled to pursue legal remedy and face this unjustifiable act.
Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.
I invite all the PSW holders affected by the new rules and let us form a group and resolve this issue legally. Spread this message and create awareness among the victims and act fast.
Source of such an assurance given by UKBA/UK govt.?aakash.reuben wrote:Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years time fulfilling certain conditions are facing the uphill task of achieving unrealistic earnings or getting disqualified.
Do the applicants accept the condition(s) that the immigration rules may change in future and any subsequent applications of extensions will be subject to conditions in force at the time of the application?aakash.reuben wrote:but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.
Does the policy guidance or the immigration rules state something (now or earlier) that may be used in court as basis of "legitimate expectations"?aakash.reuben wrote:It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010 and honours the commitments when they granted PSW visas to the eligible candidates, failing to which all the PSW holders will be compelled to pursue legal remedy and face this unjustifiable act.
In that case, the policy guidance clearly stated that HSMP migrants would be, in future, subject to the immigrations rules applicable at the time of their initial HSMP application. And that was the very foundation of the legal challenge (legitimate expectation).aakash.reuben wrote:Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.
Hi Aakash,aakash.reuben wrote:Ten of thousands of PSW permit holders are affected by the new rules published by Home Office that came into effect from 19th July 2010.
Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years time fulfilling certain conditions are facing the uphill task of achieving unrealistic earnings or getting disqualified.
The Govt cannot categorically alter those conditions halfway through, based on which the students got their PSW and working towards achieving the tier 1 general visa.
The Govt if they want can implement new conditions from this present date for the issuance of future visas, but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.
It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010 and honours the commitments when they granted PSW visas to the eligible candidates, failing to which all the PSW holders will be compelled to pursue legal remedy and face this unjustifiable act.
Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.
I invite all the PSW holders affected by the new rules and let us form a group and resolve this issue legally. Spread this message and create awareness among the victims and act fast.