Introduction of immigration cap deemed unlawful

xleft · Post by **xleft** » Sat Dec 18, 2010 6:31 pm

sushdmehta wrote:Manas, the statement is self-explanatory.

regards

It is but we are not all solicitors or lawyers here. Not very clear how the resolution can be passed? By the vote of majority? If it's not too hard for you, could you please explain how does it work and can it draw more attention of opposition and make more problems for the government to implement new rules? Thank you

mizanbg · Post by **mizanbg** » Sat Dec 18, 2010 11:56 pm

What about the point factors. The also introduced the higher points for eligibility. Is the ruling means the point factor will change or remain same?

Post by **geriatrix** » Sun Dec 19, 2010 4:50 am

mizanbg wrote:What about the point factors. The also introduced the higher points for eligibility. Is the ruling means the point factor will change or remain same?

This ruling has nothing to do with Tier 1 (General) eligibility criteria.

regards

Manas · Post by **Manas** » Sun Dec 19, 2010 5:22 pm

sushdmehta wrote:This ruling has nothing to do with Tier 1 (General) eligibility criteria.

regards

Agreed sushdmehta.
However, the changes in points structure as well as increasing of the points threshold to 80 (for out of country applicants & switch-overs) was introduced by the Home Secy. along with the imposition of the Interim Limit.
Now going back to the same question, was all these changes implemented with prior discussion/approval of the Parliament, or, these changes too (like the imposition of the Interim Limit) were introduced quite arbitrarily by Ms May by sidestepping parliamentary regulations?

cxrmike · Post by **cxrmike** » Mon Dec 20, 2010 7:03 am

Guys did anybody get visa who are waiting in queue after this news announcement ??
Please keep us posted..

silverTR · Post by **silverTR** » Mon Dec 20, 2010 7:09 am

well.. i just send email to visaservices.. waiting for the response.. i ll let you know..

adityaisukapalli · Post by **adityaisukapalli** » Mon Dec 20, 2010 10:10 am

Do you guys think when the Goverment put this in Parliament in January, they will do any harm for Incountry applications ?

HeartAttack · Post by **HeartAttack** » Mon Dec 20, 2010 2:35 pm

Any update on this ? :-/

silverTR · Post by **silverTR** » Mon Dec 20, 2010 2:42 pm

well i sent an email but they replied automatic reply as below;

"The choice to grant a visa and its length is solely up to the discretion of the Entry Clearance Officer. WorldBridge cannot speak on this matter. With regard to the processing times, every application is different and some applications may take longer than normal to process. Please know that it is unadvised to schedule or purchase travel arrangements until after you have heard the response for your application."

krs133 · Post by **krs133** » Mon Dec 20, 2010 3:49 pm

The immigration minister Damian Green has said an order will be laid in parliament tomorrow to meet the necessary legal requirements to re-impose the immigration cap. He also said that Tier 1 General will be closed from tomorrow as the total interim cap on those visas has been reached.

In response to questions from the opposition he said he was unable to confirm the status of those applicants who had applied unsuccessfully for a visa while the interim cap was illegally in place (ie those who applied between the cap coming in, and tomorrow). The written judgement from the courts will not be published until January and they would be able to provide greater clarity then.

tipu20 · Post by **tipu20** » Mon Dec 20, 2010 4:00 pm

What's the source of this information ??

krs133 wrote:The immigration minister Damian Green has said an order will be laid in parliament tomorrow to meet the necessary legal requirements to re-impose the immigration cap. He also said that Tier 1 General will be closed from tomorrow as the total interim cap on those visas has been reached.

In response to questions from the opposition he said he was unable to confirm the status of those applicants who had applied unsuccessfully for a visa while the interim cap was illegally in place (ie those who applied between the cap coming in, and tomorrow). The written judgement from the courts will not be published until January and they would be able to provide greater clarity then.

krs133 · Post by **krs133** » Mon Dec 20, 2010 4:01 pm

The source of the information is a House of Commons statement made by the Immigration Minister Damian Green in response to an urgent question on the topic from the Shadow Home Secretary Ed Balls at 3.30 this afternoon which I was listening to live.

tipu20 · Post by **tipu20** » Mon Dec 20, 2010 4:03 pm

quite strange as things like this are mostly updated on UKBA website

krs133 wrote:The source of the information is a House of Commons statement made by the Immigration Minister Damian Green in response to an urgent question on the topic from the Shadow Home Secretary Ed Balls at 3.30 this afternoon which I was listening to live.

krs133 · Post by **krs133** » Mon Dec 20, 2010 4:07 pm

I assume it would appear there shortly, but the statement in parliament was made as a response to an urgent question from the opposition so it may not have been a 'scheduled' announcement as such.

immmaker · Post by **immmaker** » Mon Dec 20, 2010 4:12 pm

How can they possibly close T1 if illegal limit has been reached?

Even if they do some parliament regulations, how those regulations may affect all the already made applications?

As far as I understand all that they can legally do, except for appeal, is to provide a new, legal cap for new applications and process all the previous ones without any cap.

krs133 · Post by **krs133** » Mon Dec 20, 2010 4:16 pm

immmaker wrote:How can they possibly close T1 if illegal limit has been reached?

I understand the order to close T1G is separate from the order to meet the legal requirements to re-impose an interim cap.

Even if they do some parliament regulations, how those regulations may affect all the already made applications?

I don't think they know that yet - as Mr Green said in the House of Commons, they have not yet seen the written judgement so they don't yet know how it affects applications made under the (illegal) interim cap.

As far as I understand all that they can legally do, except for appeal, is to provide a new, legal cap for new applications and process all the previous ones without any cap.

You might be right on that, and he said they haven't decided whether to appeal yet. But we can say that there will be no more T1G for people who haven't yet applied.

HeartAttack · Post by **HeartAttack** » Mon Dec 20, 2010 4:19 pm

I guess krs133 just joined the forum to create the panic

look at the stats
----------------
krs133
Newbie

Joined: 20 Dec 2010
Posts: 3
----------------

Let it be official first, till than we assume krs133 is fake

krs133 · Post by **krs133** » Mon Dec 20, 2010 4:21 pm

You can assume i'm fake if you like. I've lurked on this forum for a while as I have an interest in these matters. I am, however, telling the truth.

manojk005 · Post by **manojk005** » Mon Dec 20, 2010 4:22 pm

There was urgent question on immigration cap at 3:30 PM today. Its available on,

http://news.bbc.co.uk/democracylive/hi/ ... 305975.stm

I do not have headphone with me rightnow so can not say what was said.

Dreemweaver · Post by **Dreemweaver** » Mon Dec 20, 2010 4:23 pm

Below is what is recorded in the Guardian site

3.45pm: Damian Green has just delivered his statement. He said that the government lost on a technicality relating to the way the temporary immigration cap was introduced and that the court decision will not affect government policy. He also said that he would produce new regulations imposing the cap in a way compatible with the court's ruling.

http://www.guardian.co.uk/politics/blog ... CMP=twt_wc

I do not see any statement on closing the Tier 1 tomorrow

immmaker · Post by **immmaker** » Mon Dec 20, 2010 4:26 pm

krs133 wrote:I understand the order to close T1G is separate from the order to meet the legal requirements to re-impose an interim cap.

How can they close anything without changes to the law? They can propose to parliament to remove T1 from the law, and actually stop T1 from now on, but anyway all the previous applications would be considered under the previous law.

krs133 wrote:I don't think they know that yet - as Mr Green said in the House of Commons, they have not yet seen the written judgement so they don't yet know how it affects applications made under the (illegal) interim cap.

krs133 wrote:You might be right on that, and he said they haven't decided whether to appeal yet.

Such statement said by a politician looks like a confirmation that they know that there is no reason to appeal and they lost the case, so they just don't know now what to do.

And may be they will propose to the parliament to close T1 from now, because the number of visas they already have issued plus visas to be issued for existing applications has already reached 5400...

Nicky09 · Post by **Nicky09** » Mon Dec 20, 2010 4:26 pm

http://www.bbc.co.uk/news/uk-politics-12043380

HeartAttack · Post by **HeartAttack** » Mon Dec 20, 2010 4:27 pm

BullShit T1G is closed

krs133 · Post by **krs133** » Mon Dec 20, 2010 4:34 pm

immmaker wrote:
krs133 wrote:I understand the order to close T1G is separate from the order to meet the legal requirements to re-impose an interim cap.
How can they close anything without changes to the law? They can propose to parliament to remove T1 from the law, and actually stop T1 from now on, but anyway all the previous applications would be considered under the previous law.

Yes, sorry, that's what I meant - T1G closed from now on, but the status of people who applied when the cap was being imposed illegally (ie, up to now) is not clear yet. It may be, as you say, that they have to admit all current applicants retrospectively.

Such statement said by a politician looks like a confirmation that they know that there is no reason to appeal and they lost the case, so they just don't know now what to do.

And may be they will propose to the parliament to close T1 from now, because the number of visas they already have issued plus visas to be issued for existing applications has already reached 5400...

Yep, could be - they might know they have made a mess and are closing it before the mess gets worse.

cxrmike · Post by **cxrmike** » Mon Dec 20, 2010 4:40 pm

Guys I was wanting to apply for Tier 1 in 1st week of January. The main reason I waited for so long is for maintenance funds to reach 90 day limit...
what are my options ??

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Introduction of immigration cap deemed unlawful