5 years for ILR rule implemented

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 2:27 pm

sowhat

check this out
http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

aj77 · Post by **aj77** » Sat Apr 01, 2006 2:38 pm

This is the news related to changes in immigration rule in New Zealand.

24th December 2002

GOVERNMENT TAKEN TO COURT
OVER RULE CHANGES
The Association for Migration and Investment has filed High Court proceedings against the retrospective immigration rule changes introduced by the government last month. Nobody from the government will comment on the legal challenge until the High Court has ruled on the matter.

While many of the immigration rule-changes are not in dispute, this is the first time that new rules have ever been applied to people whose applications are already in the Immigration Service's hands. The Association for Migration and Investment estimates that as many as 20,000 applicants may be affected by the changes. The immigration service estimates nearer 6,000 applicants will be affected.

The Association is also concerned that the new rules restrict job search visas to applicants whose skills are on the frequently changing Skills Shortage List.

We need to find out detailed court proceedings of this case to evaluate our chances of winning the case.After all now we should be mentally ready for legal battle in the court for our rights.

sowhat · Post by **sowhat** » Sat Apr 01, 2006 3:53 pm

easylife4me wrote:sowhat

check this out
http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

as I said you should take into account the statement of changes here since it's a part of the document.
I guess it overwrites 4 years in 134(i)...

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 4:13 pm

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

this is released on 31st. talking about 4 years for WP holders and 5 years for HSMP

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 4:42 pm

the picture is getting clear

http://www.ind.homeoffice.gov.uk/ind/en ... rules.html

on this page it say at the very begining

This is a consolidated version of the current Immigration Rules. Any changes to this version will be highlighted in italic text from the date of the change being laid before Parliament and until 28 days after the change taking effect.

All Parliamentary 'Statement of Changes in Immigration Rules' issued since May 2003 are available at the bottom of this page.

This site was last updated in March 2006.

on the following link

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

this is not in italics

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 4 years in the United Kingdom in this capacity; and

(ii) he has met the requirements of paragraph 131, 131A, 131B, 131C, 131D, 131E or 131F throughout the 4 year period; and

(iii) he is still required for the employment in question, as certified by his employer.

while this is in italics

Indefinite leave to remain as a highly skilled migrant

135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:

(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years? leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as work permit holder under paragraphs 128 to 134 of these Rules, or as an Innovator under paragraphs 210A to 210H of these Rules; and

sowhat · Post by **sowhat** » Sat Apr 01, 2006 8:02 pm

From the Statement of Changes in Immigration Rules HC 1016 - March 2006

12.In paragraphs 134(i), 142 (i), 150(i), 158(i), 159G(i), 167(i), 176(i), 184(i), 187, 190, 192(ii), 209(i), 222(i)
and (ii), 230(i), 238(i), 264, 267, 269(i), 255, 255A, and 255B for "4 years? (wherever appearing), substitute
"5 years".

13.For paragraph 134(ii), substitute:

"(ii) he has met the requirements of paragraph 128(i) to (v) throughout the 5 year period; and".

14.In paragraphs 135B, 137, 145, 162, 171, 179, 204, 215, 225, and 233 for "12 months", substitute "2 years".

15.For paragraph 135G(i), substitute:

"(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years? leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as work permit holder under paragraphs 128 to 134 of these Rules, or as an Innovator under paragraphs 210A to 210H of these Rules; and"

Which is the summary of all changes to date. The fact that paragraph 135 was changed in the main document (Rules) and 134 wasn't does not change anything. We've got 5 years for both categories.

aj77 · Post by **aj77** » Sat Apr 01, 2006 8:22 pm

Check the Form SET(O) before applying for ILR.
There is a special note for those who will apply for ILR on or After 3rd April 2006 at the end of the form.This will clarify all confusions.

http://www.ind.homeoffice.gov.uk/ind/en ... 20Form.pdf

aj77 · Post by **aj77** » Sat Apr 01, 2006 8:37 pm

Now we should be ready for the legal battle in the court for our rights.
Atleast we could tell them that this unjustice will create further insecurity to every immigrants.Nobody knows after some years for the sake of securing their borders they can stop issueing ILR even.

I wont be a surprised if they would ask after some years to ILR holders to leave the country as they don't need immigrants anymore.

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 8:45 pm

so whats the final verdict..
how manyyears for IRL

As i can make out ..
4 yrs for wp
5 yrs for HSMP

aj77 · Post by **aj77** » Sat Apr 01, 2006 8:50 pm

I think you didn t see the link ,I posted.
For everybody it s 5 years now with immidiate effect.All of us are on the same boat.Don't worry.
They were just playing with all of us to pass the time.
As they can change their stance on any issue by their ridiculous interpretation of their own words at anytime.

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 8:56 pm

i saw the link but its also important when they have made the changes..i mean the exact date of changes on that form.
Release of 31st is more assuring as it talks about changes in the italics..

aj77 · Post by **aj77** » Sat Apr 01, 2006 9:04 pm

well you can wait for another couple of days but thing which you are mentioning, if we consider them comprehensive and authentic then you would be surprised to know that only under HSMP they mentioned 5 years in italic and 4 years and 12 months are in non italic in all other definitions.
This would mean that this change is only for HSMP applicant which is surely not the case.They just want to create confusion and to split us by sending different messages to applicants of different catagories.
After all they know it is unjustic and if we could hold ourselves together and united ,we can still fight for our rights.Otherwise atleast world would be aware of this unjustice even if we couldn t win.

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 9:07 pm

but in that document thereis nothing mentioned about 5 years for WP.

it talk about wp-4years HSMP -5 years

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 9:09 pm

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

this is the link i am talking about..
clearly says 4 years for WP and 5 years for HSMP

timefactor · Post by **timefactor** » Sat Apr 01, 2006 9:18 pm

Guys,

This is self explanatory. Now focus on what we can do and contribute.

aj77 wrote:Check the Form SET(O) before applying for ILR.
There is a special note for those who will apply for ILR on or After 3rd April 2006 at the end of the form.This will clarify all confusions.

http://www.ind.homeoffice.gov.uk/ind/en ... 20Form.pdf

aj77 · Post by **aj77** » Sat Apr 01, 2006 9:35 pm

I think we should
i)make a group of all of those who are against these changes as some of us are already doing.
ii)Contact Solicitors(again some of us are in touch with them).
iii)Contacts with MPs and media Members.(some members have already done so.

What we need to do is to organise ourselves properly as a team and do all these mentioned works with our maximum effort and we should build our team as much as we can,the more members we would have, stronger our group would be. and more funds would be available and more efforts can be done.

Eugene_UK · Post by **Eugene_UK** » Sat Apr 01, 2006 11:00 pm

Guys, it’s time to close this topic and forget about any hopes you have: it is clear - 5 years for ILR for WP holders and HSMP. It is clearly said in the application form (last page) - wherever you see 4 change for 5.
I propose we start new topic - LEGAL ACTION as soon as possible. We are just wasting our time here. There is material lawyers could use - enough material published on this web site. I am sure we all ready to contribute in terms of funds. We can send our cheques to the chosen Law firm.
tutu1005 - any news from your lawyer? I will call mine on Monday.

We should also start collecting evidence: letters, statements from HO, which will prove that they should apply new changes to new visa holders only. I am sure we can send all these materials to the law firm we have chosen.
This is our last chance. I do not believe that MPs will help. But legal action will create a lot of noise.
I am wondering why all pro-immigrant organisations keep quiet? This is the time for them to show some teeth!
PLEASE POST PRACTICAL COMMENTS ONLY, no crying, no complaints, it’s all rubbish. It’s time to do something real.

timefactor · Post by **timefactor** » Sun Apr 02, 2006 8:36 am

He (tutu1005 or one of his mate) has already posted the proposed meeting wih http://www.christine-lee.co.uk/index.htm, date and venue. IIRC it is on next saturday. For those who can't attend at least send him a mail (tutuwang100 at yahoo.com) with your thoughts and concerns.

Hope this helps

Eugene_UK wrote:Guys, it’s time to close this topic and forget about any hopes you have: it is clear - 5 years for ILR for WP holders and HSMP. It is clearly said in the application form (last page) - wherever you see 4 change for 5.
I propose we start new topic - LEGAL ACTION as soon as possible. We are just wasting our time here. There is material lawyers could use - enough material published on this web site. I am sure we all ready to contribute in terms of funds. We can send our cheques to the chosen Law firm.
tutu1005 - any news from your lawyer? I will call mine on Monday.

We should also start collecting evidence: letters, statements from HO, which will prove that they should apply new changes to new visa holders only. I am sure we can send all these materials to the law firm we have chosen.
This is our last chance. I do not believe that MPs will help. But legal action will create a lot of noise.
I am wondering why all pro-immigrant organisations keep quiet? This is the time for them to show some teeth!
PLEASE POST PRACTICAL COMMENTS ONLY, no crying, no complaints, it’s all rubbish. It’s time to do something real.

sowhat · Post by **sowhat** » Sun Apr 02, 2006 11:15 am

I am sort of sceptical of legal actions. It may take too long. I've got a daughter who is to go into University this autumn. The problem is that if I do not have ILR by September either she will have take a gap year in hope that we will have it next year or I will have to cough up full international fees for next 3 years, since it is impossible to change the satus of intenational student during the course.

Vayu · Post by **Vayu** » Sun Apr 02, 2006 1:00 pm

If you wish to protest, I say you have a case, especially given the number of responses here. The thing is, many of you are Commonwealth nationals, thus, eligible to vote in British elections.

If someone here put together an online petition against the new law, then I think you migh actually get some deserved attention.

Over to you guys.......

supertiger · Post by **supertiger** » Sun Apr 02, 2006 1:53 pm

THIs is to follow the NZ change:

COURT RULING ON
IMMIGRATION GOES AGAINST GOVERNMENT
The New Zealand High Court has ruled that some of the immigration rule changes introduced by the Government in November are invalid. New requirements, including a tougher English language test in the General Skills category, cannot now be applied retrospectively. Justice Randison decided, however, that the long term business visa is not part of immigration policy so the Government can make changes to it retrospectively.

http://www.emigratenz.org/News-Briefs-pre-Jun-2003.html

it is too brief so not sure waht the long term business visa is about...

supertiger · Post by **supertiger** » Sun Apr 02, 2006 2:54 pm

well it seems that in May 03 the NZ high court ruled the change in Nov 02 regarding the residency is UNLAWFUL:

"2.2 Together, the Amendment Acts effectively defeat a High Court
decision (which is on appeal). On 20 November the Government
tried to exclude a large segment of applicants in the residence
queue. The High Court ruled on 16 May 2003 that this was unlawful
as it contravened section 13C of the Immigration Act. "

http://www.adls.org.nz/doclibrary/publi ... ees/Ri.pdf

but an appeal was submistted soon after and above link is another submission from a law society...

UnfairRules · Post by **UnfairRules** » Mon Apr 03, 2006 12:51 pm

IMPORTANT NOTICE: FORM SET(O) – CHANGE IN THE IMMIGRATION RULES
On 3 April 2006, as a result of a change in the Immigration Rules, the qualifying
period for indefinite leave to remain in the categories listed below will increase from
4 to 5 years.
• Work permit holder
• Employment not requiring a work permit
• United Kingdom ancestry
• Writer, composer or artist
• Highly skilled migrant
If you apply for indefinite leave to remain in any of these categories on or after 3
April, your application will be decided under the new rules. To qualify for indefinite
leave to remain, you will have to show that you have already completed 5 years’
continuous leave to enter or remain in the UK in the category/categories concerned,
or are within 28 days of doing so. If you cannot do that and your existing leave to
enter/remain will not cover the full five-year period, you will need to apply for an
extension of stay in the relevant category before your leave runs out, using one of
the following forms:
• Form FLR(O) for all categories listed above except work permit
holders and highly skilled migrants.
• Form FLR(IED) for work permit holders and highly skilled migrants.
For Work Permit Holders only: In addition to you applying on form FLR(IED), your
employer will have to apply separately in the usual way for an extension to your
work permit permission - by sending an application, together with the associated
payment, to the address given in the work permit application form.
Transitional Arrangements
For a limited period, anyone who applies for indefinite leave to remain in these
categories on or after 3 April 2006 having only completed 4 years’ continuous leave
will be invited to change their application to one for an extension of stay rather than
having their application refused. This will not result in any additional fee.
We will be amending Form SET(O) as soon as possible. In the meantime, for any
application made on or after 3 April 2006, any reference in the form to “four years”
in relation to the qualifying period, the provision of supporting evidence or
documentation, or any other requirements for indefinite leave to remain should be
read as meaning “five years”.

indian_in_uk · Post by **indian_in_uk** » Mon Apr 03, 2006 12:58 pm

so it is confirmed now....

easylife4me · Post by **easylife4me** » Mon Apr 03, 2006 5:35 pm

Work Permits - Leave To Remain (formerly in-country)

03 April 2006

From today the contact details for all Leave to Remain Teams will change. The new details are:

Telephone number: 0114 207 6016
Fax number: 0114 207 6017
E-mail address: wpukltr@ind.homeoffice.gsi.gov.uk

Please continue to use current telephone numbers to contact Work Permits (UK) Business Teams and use 0114 207 4074 for general enquiries.

Immigrationboards.com: Immigration, work visa and work permit discussion board

5 years for ILR rule implemented

The last page of new SET(o) application form-just downloaded