Introduction of immigration cap deemed unlawful

manojk005 · Post by **manojk005** » Mon Dec 20, 2010 4:47 pm

This coalition government is definitely showing high level of immaturity and desperation. After High court ruling, it appears that their ministers don't know process or if they know then don't care about process and policies! If second is the case then it is clear sign of dictatorship NOT modern democracy! Worst of all, Damien Green is still talking about illegal cap and saying cap has been reached so they will close it.

Indeed very high level of desperation and immaturity. God bless them......

Whole saga of immigration cap & control is moving in interesting way. Lets see what this government will do to hide mess created by them. I am sure they will do something silly to hide the whole mess, which would be again blasted by court.

mulderpf · Post by **mulderpf** » Mon Dec 20, 2010 4:56 pm

http://www.24dash.com/news/communities/ ... gal-ruling

"I will also be laying changes to the rules tomorrow to close applications under the Tier One general route from outside the UK immediately as the original level specified on this tier has been reached."

Post by **geriatrix** » Mon Dec 20, 2010 4:59 pm

Also reported by BBC:

He (Damian Green) said changes to the immigration rules would be laid before the House on Tuesday, setting out the details the courts had required to allow the interim cap to be reinstated on a "clear legal basis".

He also said he would be closing applications under the "tier one" route for highly skilled workers - because the cap had been reached.

If the negative statutory instrument (for interim limits) is laid in the parliament tomorrow (as reported) and if UKBA has exhausted the total quota (total until March 2011) then this effectively means that UKBA will soon announce that Tier 1 (General) route for out-country applicants is permanently closed.

regards

cxrmike · Post by **cxrmike** » Mon Dec 20, 2010 5:34 pm

sushdmehta wrote:Also reported by BBC:

He (Damian Green) said changes to the immigration rules would be laid before the House on Tuesday, setting out the details the courts had required to allow the interim cap to be reinstated on a "clear legal basis".

He also said he would be closing applications under the "tier one" route for highly skilled workers - because the cap had been reached.
If the negative statutory instrument (for interim limits) is laid in the parliament tomorrow (as reported) and if UKBA has exhausted the total quota (total until March 2011) then this effectively means that UKBA will soon announce that Tier 1 (General) route for out-country applicants is permanently closed.

regards

What a time I'm going through....
I hate these policy changes each and every freaking day...
I've spent more than 1000$ already to collect some of my documentation and I'm half way through it and waiting for my maintenance fund to reach 90 day limit... I'm getting very very frustrated...
I will be eligible in 1st week of January and can apply in 1st week of Jan. Do I still stand a chance by any chance ??

GBM · Post by **GBM** » Mon Dec 20, 2010 5:39 pm

Does the cap apply to fresh T1G alone or to T1G dependents also? Can someone please advice as I will be applying for my son's T1G dependent Visa in Jan. Am already in UK on T1G valid till 2012

Avi693 · Post by **Avi693** » Mon Dec 20, 2010 5:48 pm

GBM wrote:Does the cap apply to fresh T1G alone or to T1G dependents also? Can someone please advice as I will be applying for my son's T1G dependent Visa in Jan. Am already in UK on T1G valid till 2012

I believe cap is for fresh applications made outside UK not inside. You are safe as you are already in the UK and that too with valid Tier1(G).

bloke · Post by **bloke** » Mon Dec 20, 2010 5:49 pm

GBM All these caps apply to initial tier 1 applications.
There are not caps on tier 1 dependent applications.

GBM · Post by **GBM** » Mon Dec 20, 2010 5:49 pm

Avi693 wrote:
GBM wrote:Does the cap apply to fresh T1G alone or to T1G dependents also? Can someone please advice as I will be applying for my son's T1G dependent Visa in Jan. Am already in UK on T1G valid till 2012
I believe cap is for fresh applications made outside UK not inside. You are safe as you are already in the UK and that too with valid Tier1(G).

Hi.. Thanks for the reply... My son is still in India and so I will be applying for his Visa from India in Jan 2011 - though it will be Tier 1 Dependent only. Am I still safe?

Post by **geriatrix** » Mon Dec 20, 2010 5:50 pm

GBM, as already mentioned by bloke, dependant applications are not subject to the interim cap.

regards

GBM · Post by **GBM** » Mon Dec 20, 2010 5:53 pm

sushdmehta wrote:GBM, as already mentioned by bloke, dependant applications are not subject to the interim cap.

regards

Mehta - Thanks for that. Thats a relief

mensacorp · Post by **mensacorp** » Mon Dec 20, 2010 7:10 pm

how come 5400 spaces are filled while some people even on this forum who applied on 30 November got their visas just in a couple of days?
Does it mean they are going to give 1800 more visas to all succesfull applications which are liad before tomorrow?
The whole situation got in real mess, I cannot figure out the real outcomes of the judicial statement and the ignorant view of the coalition government?

I applied on 8 th of December. If my application is succesfull and I am not given a visa because of the early permanent cap introduced, will they refund me and my dependant's application fee? or are they going to make out a reason to decline my application? It is totally dark.

karthikravi · Post by **karthikravi** » Mon Dec 20, 2010 7:36 pm

I applied on 16/12 and the status is 'Forwarded to BHC'.... Now as Mr.Green says the cap limit has been reached and they will not accept any more applications... Now how do I know how many visas are left to issue.... UKBA could just not issue a visa saying the limit is over or jus retrospectively say we will process only applications received till XX date....

Wat would happen to the visa fee paid??

silverTR · Post by **silverTR** » Mon Dec 20, 2010 8:27 pm

They made a huge mistake to not bring the limit in a legal base..Smells like lawsuit to me... and they are aware of it, with this panic they are closing Tier 1 G immediately as they can. So when they grant visa to all previous applications, they may still have a chance to bring the immigration numbers down as they promise to their voters..

Post by **push** » Mon Dec 20, 2010 9:07 pm

In my opinion, all those who have applied by today and will have their applications approved, will be issued visas.

vp77 · Post by **vp77** » Mon Dec 20, 2010 9:08 pm

Below posts on immigration consultancy sites seem to show positive news for out of country tier 1 applications.

http://www.workpermit.com/news/2010-12- ... lawful.htm

http://www.ukvisaandimmigration.co.uk/n ... ap-105.php

What is the truth?

Post by **PaperPusher** » Mon Dec 20, 2010 9:13 pm

The truth is the rules for entry clearance for Tier 1 General could be deleted tomorrow.

new_to_it_all · Post by **new_to_it_all** » Mon Dec 20, 2010 9:19 pm

A few days back I posted on this thread that I wanted the UK government to be honest with Tier 1 applicants. My posts have mysteriously been deleted.

I was suspicious that the Tier 1 limit of visas had already been reached but new applicants were still being encouraged to apply despite there being no chance of them ever being successful.

If there were an average of 2000 applications per month with an average of Â£1000 pounds application fee that gives a princely sum of 2m pounds income per month. It would have also given anguish, sorrow, tension and false hope to people who were never to be considered in any case, not mentioning financial loss of Â£1000 pounds which by all means is a huge amount of money in the 3rd world.

The government says it is planning to announce tomorrow, in order to get out of the deep hole they have self created, the end of Tier 1 because the limit has been reached!!!

Surprise, surprise....it didnt occur to tell anyone earlier did it?

This government is behaving like Billy Bunter's school days. How can a bunch of people who form laws and rules not know that they cannot institute new laws without parliament approval? UK has had a parliament for many centuries and no doubt they also have legal advsors.

I am now wondering how they will mistreat all those in the pipeline who are held on their waiting list and told that their cases have not yet been assessed.

No doubt looking for new law suits but creating misery for those waiting while holding on to their passports hoping against hope that people pull out themselves.

Sad days of disrespect for the revered British "Democratic and Just" Government.

gregshukla · Post by **gregshukla** » Mon Dec 20, 2010 9:21 pm

vp77 wrote:
What is the truth?

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

gregshukla · Post by **gregshukla** » Mon Dec 20, 2010 9:43 pm

The minister said that T1G would be closed from tomorrow and he would make an announcement to that effect.

Anyone with a legal background - does making this statement in parliament tomorrow mean that it is in effect right away as a law? Or does any paperwork etc need to be done before the T1G is closed?

Post by **push** » Mon Dec 20, 2010 9:57 pm

gregshukla wrote:The minister said that T1G would be closed from tomorrow.

Anyone with a legal background - does making this statement in parliament mean that it is in effect right away as a law? Or does any paperwork etc need to be done before the T1G is closed?

Please see this. Essentially, they can just introduce a negative Statutory Instrument which becomes law without a debate or a vote but may be annulled by a resolution of either House of Parliament

ukswus · Post by **ukswus** » Mon Dec 20, 2010 11:51 pm

Daily Mail is, of course, delighted:

http://www.dailymail.co.uk/news/article ... ds-newsxml

Post by **geriatrix** » Tue Dec 21, 2010 12:38 am

Daily Mail wrote:â€˜As a result of the volume of applications received since the interim limit was introduced last July, no more Tier One visa applications from overseas will be accepted after 23 December.â€™

Gives a couple of days for potential (out-country) applicants to submit their applications - but, in all probability, without a guarantee of visa issuance (eve if eligibility criteria are fulfilled).

regards

HeartAttack · Post by **HeartAttack** » Tue Dec 21, 2010 5:25 am

Though T1G is closed after 23 but still is in conflicted state ; I mean regarding the court judgement and all?

I am completing my maintaince fund period on 27 dec.

Do I still work on my papers? I mean is there any hope if verdict may change

Just need a rational opinion.

achin2510 · Post by **achin2510** » Tue Dec 21, 2010 5:49 am

Dear all,

I will be finishing out the 3 months fund-maintenance timeline on 1st of Jan.

I have all the other docs verified many a times and now the news is a definite heart break.

Is it advisable to file in the application on Jan3rd. Your suggestions will be of immense use.

cxrmike · Post by **cxrmike** » Tue Dec 21, 2010 6:13 am

HeartAttack wrote:Though T1G is closed after 23 but still is in conflicted state ; I mean regarding the court judgement and all?

I am completing my maintaince fund period on 27 dec.

Do I still work on my papers? I mean is there any hope if verdict may change

Just need a rational opinion.

I'm in the same boat....
Where is it saying it is closed after 23rd ? any source ?
what a time we are going through my friend...why dont they leave us alone, they are playing with our careers like anything with power in hand...

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Introduction of immigration cap deemed unlawful

Will filing on 3rd Jan work out ?