5 years for ILR rule implemented

supertiger · Post by **supertiger** » Tue May 09, 2006 2:38 am

here's the link: http://www.ind.homeoffice.gov.uk/workin ... ation.html

timefactor · Post by **timefactor** » Tue May 09, 2006 7:56 am

ohh yes, joseph is right

http://www.ind.homeoffice.gov.uk/workin ... ation.html

look at the page linked above and see the point highlighted

We recognise the difficulties customers may experience due to the forms not being updated immediately. Consequently, we are introducing an interim arrangement, whereby applicants who submit applications for settlement on or after 3 April, and have only completed 4 year's continuous leave, will be asked if they wish to vary the grounds of their application to an application for a further period of limited leave to remain. Applicants who do seek to vary their settlement application in this way will be requested either to complete the appropriate application form, or to provide any further information required for their application to be considered.

Globetrotter · Post by **Globetrotter** » Tue May 09, 2006 8:25 am

ansaggart wrote:Guys,

Do you have any idea how to read terms like:

"For applications for settlement submitted on or after 3 April, the applicant will need to have completed the new, 5-year qualifying period. If the applicant has not completed the required qualifying period, the application would normally be refused."

What could be consider as abnormal and have my application succesfull?

I am WP holder I would of have qulified for ILR last week.

Thanks,

I think that these sections sum it up:

- We recognise the difficulties customers may experience due to the forms not being updated immediately. Consequently, we are introducing an interim arrangement, whereby applicants who submit applications for settlement on or after 3 April, and have only completed 4 year's continuous leave, will be asked if they wish to vary the grounds of their application to an application for a further period of limited leave to remain. Applicants who do seek to vary their settlement application in this way will be requested either to complete the appropriate application form, or to provide any further information required for their application to be considered.

- Where appropriate, work permit holders will also need to ensure that their employer applies for a fresh work permit.

I believe it means that you need a new workpermit...

GT

Post by **John** » Tue May 09, 2006 9:13 am

Here is a link to the LibDem Early Day Motion about the change in the Immigration Rules :-

Early Day Motion 1992

Personally I see no problem the Government deciding to move from 4 years to 5 years. However the retrospective nature of that is totally unacceptable. The change should only affect people not already in the UK as at the date of change.

sams · Post by **sams** » Tue May 09, 2006 10:38 am

tutu1005 wrote::

Home Office website is currently having technical difficulties, I have been unable to find the new announcement there yet

There isn't still any news or announcement after 24/04/2006, regarding "Changes to Immigration Rules for Indefinite Leave to Remain Application"
neither on
http://www.workingintheuk.gov.uk
nor on
http://www.ind.homeoffice.gov.uk

easylife4me · Post by **easylife4me** » Tue May 09, 2006 11:10 am

We recognise the difficulties customers may experience due to the forms not being updated immediately. Consequently, we are introducing an interim arrangement, whereby applicants who submit applications for settlement on or after 3 April, and have only completed 4 year's continuous leave, will be asked if they wish to vary the grounds of their application to an application for a further period of limited leave to remain. Applicants who do seek to vary their settlement application in this way will be requested either to complete the appropriate application form, or to provide any further information required for their application to be considered.

this doenst mean that applicants who apply before june 2006 will be granted indefinate leave to remain

what you guys think ???

morerightsformigrants · Post by **morerightsformigrants** » Tue May 09, 2006 11:12 am

you are absolutely right mate and that's what we are fighting for....
http://www.vbsi.org.uk/ for more information

John wrote:Here is a link to the LibDem Early Day Motion about the change in the Immigration Rules :-

Early Day Motion 1992

Personally I see no problem the Government deciding to move from 4 years to 5 years. However the retrospective nature of that is totally unacceptable. The change should only affect people not already in the UK as at the date of change.

rg1 · Post by **rg1** » Tue May 09, 2006 11:34 am

Now I believe from my heart that if we try hard enough via different channels (as we are doing) there is still hope to remove the retrospective effect..... the website is a wonderful idea....

At least HO should offer some concessions to 4 year people - like grant ILR - but can't be on dole etc.

sams · Post by **sams** » Tue May 09, 2006 11:52 am

http://www.workingintheuk.gov.uk/workin ... ation.html

Transitional Arrangements

* We recognise the difficulties customers may experience due to the forms not being updated immediately. Consequently, we are introducing an interim arrangement, whereby applicants who submit applications for settlement on or after 3 April, and have only completed 4 year's continuous leave, will be asked if they wish to vary the grounds of their application to an application for a further period of limited leave to remain. Applicants who do seek to vary their settlement application in this way will be requested either to complete the appropriate application form, or to provide any further information required for their application to be considered.

* Where appropriate, work permit holders will also need to ensure that their employer applies for a fresh work permit.

Only thing specified by HO in Transitional Arrangements, is about Further Limited Leave to Remain, not ILR. Applications for settlement on or after 3 April, and have only completed 4 year's continuous leave, will be asked if they wish to vary the grounds of their application...

a) Either you have to fill FLR application form (without losing the fees)
b) Or provide further information required to fullfill the requirements for FLR.
c) If applicant is a WP holder, then an application by employer for a fresh WP is also required.

olisun · Post by **olisun** » Tue May 09, 2006 1:22 pm

I think what it means it people who were eligible as of the 2nd of April (full 4 yrs) but have not applied as of now can still apply under the old rules

Post by **John** » Tue May 09, 2006 1:52 pm

Sorry, and don't shoot the messenger, I don't think it means that at all.

I think it is saying that if someone applies on or after 3rd April in the mistaken belief that they can apply for ILR, and that belief is not factually correct, then instead of the application fee simply being lost and the application rejected, IND will give the person the ability to revise their application so that instead it is for FLR, rather than ILR.

Clearly that is a lot better than nothing, but no way is it saying that applications made on or after 3rd April will be treated as if made prior to 3rd April.

a11 · Post by **a11** » Wed May 10, 2006 1:53 am

As I can see, the new website is constantly being updated. Well done guys!
Just wanted to ask you to add a link to this forum to the appropriate section. Was a little surprised not to find it there...

sowhat · Post by **sowhat** » Wed May 10, 2006 8:05 am

I am going to post my application today, wish me luck

supertiger · Post by **supertiger** » Wed May 10, 2006 8:14 am

Good luck Sowhat, when is yr 4 years due?

nonothing · Post by **nonothing** » Wed May 10, 2006 9:35 am

a11, the link to this forum has been added in "Links & Information" section. thanks for spotting the neglect.

good luck, sowhat. fingers crossed for you. please keep us updated.

sowhat · Post by **sowhat** » Wed May 10, 2006 9:57 am

it is due on May 31, though my current visa expires on May 22.

btw, what is the best way to post the application: special or recorded delivery. Also is it worth to enclose a return specially delivery envelope to have the passport back in the same way. As I remember 3 years ago I did it but HO sent it with ordinary mail anyway...

Kavik · Post by **Kavik** » Wed May 10, 2006 10:08 am

sowhat wrote:it is due on May 31, though my current visa expires on May 22.

btw, what is the best way to post the application: special or recorded delivery. Also is it worth to enclose a return specially delivery envelope to have the passport back in the same way. As I remember 3 years ago I did it but HO sent it with ordinary mail anyway...

Best is to post by Special delivery. It's good idea to send another special delivery cover for returning passports. Good luck!

tobiashomer · Post by **tobiashomer** » Wed May 10, 2006 10:27 am

sowhat, are you applying now for ILR after 4 years? I wish you luck, if it works that will be a fantastic precedent!

hopefully at least they will apply the fee to a FLR application if it bounces.

keep us posted.

sowhat · Post by **sowhat** » Wed May 10, 2006 10:32 am

tobiashomer wrote:sowhat, are you applying now for ILR after 4 years? I wish you luck, if it works that will be a fantastic precedent!

hopefully at least they will apply the fee to a FLR application if it bounces.

keep us posted.

it is my main hope that I won't lose my fees.... thanks a lot guys and gals

supertiger · Post by **supertiger** » Wed May 10, 2006 10:33 am

It is mentioned that someone's ILR was approved while due on 22 Jun. Does anyone know any details?

ansaggart · Post by **ansaggart** » Wed May 10, 2006 10:42 am

guys,

I have just spoken to my lawyer about this and he told me to wait another year. he also mentioned that it is impossible to change the rules back.

sowhat · Post by **sowhat** » Wed May 10, 2006 11:07 am

ansaggart wrote:guys,

I have just spoken to my lawyer about this and he told me to wait another year. he also mentioned that it is impossible to change the rules back.

I have to apply anyway to get the extension. As I understand I should not lose my fees during this transitional period, though it will be quite painful if I do.

indian_in_uk · Post by **indian_in_uk** » Wed May 10, 2006 12:24 pm

RobinLondon wrote:Indian_in_UK, get them to write you a letter! It doesn't have to be very long, but it might make a big difference to you and your situation.

As to your writing a letter to Tony McNulty for an "explanation", good luck with that. By that I mean, prepare yourself for another mechanical answer. If I were in your position (which I soon will be), I would do what I recommended in my earlier post. Present them with a real, human situation...they might respond.

HR representative from the company had sent me an email yesterday which clearly states I am not offered the position because I do not have ILR and I am advised to call them when I get my ILR (if in few months) and if I get my ILR in a year then I will have to go through the process (alright, one interview instaed of two) again.

I am going to send a letter to Mr. Tony Mcnulty in reply to his letter (same mechanical answer) I got one month ago, will explain him the situation and let us see.

One suggestion please, I have recently moved houses, I had the correspondance with Mr. Tony Mcnulty earlier with MP from my previous address, so should I contact the same MP or should I contact MP (where I am living now) and explain him everything. Both are from Labour anyway.

Look forward to your replies.

sowhat · Post by **sowhat** » Wed May 10, 2006 12:27 pm

indian_in_uk wrote:
RobinLondon wrote:Indian_in_UK, get them to write you a letter! It doesn't have to be very long, but it might make a big difference to you and your situation.

As to your writing a letter to Tony McNulty for an "explanation", good luck with that. By that I mean, prepare yourself for another mechanical answer. If I were in your position (which I soon will be), I would do what I recommended in my earlier post. Present them with a real, human situation...they might respond.
HR representative from the company had sent me an email yesterday which clearly states I am not offered the position because I do not have ILR and I am advised to call them when I get my ILR (if in few months) and if I get my ILR in a year then I will have to go through the process (alright, one interview instaed of two) again.

I am going to send a letter to Mr. Tony Mcnulty in reply to his letter (same mechanical answer) I got one month ago, will explain him the situation and let us see.

One suggestion please, I have recently moved houses, I had the correspondance with Mr. Tony Mcnulty earlier with MP from my previous address, so should I contact the same MP or should I contact MP (where I am living now) and explain him everything. Both are from Labour anyway.

Look forward to your replies.

I would send it to both. I would also contact Christine Lee so she would help you with a letter. It's a very good example of hardship. Give them a buzz.

indian_in_uk · Post by **indian_in_uk** » Wed May 10, 2006 12:33 pm

Where can I contact Christian Lee? Can anyone provide the details please?

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5 years for ILR rule implemented