Introduction of immigration cap deemed unlawful

[HeartAttack]

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...

Well you can refer any link posted in this thread; it's official onbehalf of Mr. Green in house of commons.

[mulderpf]

The 23rd was a date printed in the Daily Mail.

I share everyone here's pain. I don't know if I am lucky or unlucky with the fact that I was still able to submit now, because they have said the limit was reached already. So this might be a total waste of the visa application fee and three months of my life!

HeartAttack, since you cannot do anything until the 27th, wait for the announcement today and see how it affects you. I mean, there's not much more you can do, but hopefully you will know by the end of today what the outcome is. (Although, I'll be honest and say that I don't see it being good news for you - sorry!).

When I saw the news yesterday where Damian Green said that Tier 1 General will be closed immediately, I was absolutely shattered. But now my hope is that my application will go through on technicalities.

I see it like this:

At the moment, the interim limit is illegal and doesn't exist. Today, they will fix their mistake and follow proper procedure to ensure that the limit is imposed correctly and legally. And then they will say that due to the large number of applications, Tier 1 General new applications will be closed immediately. As I got in while there was no limit, I am hoping that they would have to process my application as if there was no limit.

In fact, I'm really hoping that they make it clear whether or not existing applications will be processed or not. What I don't really understand however, is how the cap got reached so quickly. We were working on 10 days closer to the start of the month since October - based on that there should have been at least another couple of hundred approvals available. Anyway - I also believe that it's just another story to try and cover up their big mistake and they are trying to save face.

[silverTR]

I don't think there are huge number of applications like they excuse to close the Tier 1 G . It is just obvious that they need to grant all the successful applicants because of the mistake they made..
Try to submit your applications "today"..

[cxrmike]

I don't think there are huge number of applications like they excuse to close the Tier 1 G . It is just obvious that they need to grant all the successful applicants because of the mistake they made..
Try to submit your applications "today"..

I would love to submit my application today but due to my maintenance fund crap I cannot do it. Will have to hold to 1st week of January.

I'm kicking myself in the head for not keeping money in my account but instead paid my credit cards.... what a mess !!

[silverTR]

cxrmike don't harsh on yourself that much.. and keep your hope.. i am not pessimistic.. Govt. is just saying things very furiously , and i am sure they will think twice before announcing the rules to not cause any fiasco like previously..

[mulderpf]

Sorry, some more on this - since this is on my mind and I'm pretty much just thinking about my application the whole time.

Here's my speculation:

If they had the intentions of just accepting applications in the next day or so with no wish to even consider them, why would they close new applications from a specific day. The way I see it, if they were happy to just dismiss a whole bunch of applications because they went over the cap, why would they want to close the route immediately. The fact that they are closing all new applications from the 23rd (or whatever date Damian Green will announce), means that for now, they will still process the applications.

That's my view, my wish and my piece of speculation. If they had no desire in processing my application, then they should have either refused my application or kept the route open until March and then close it without processing hundreds of applications (not just a few which were submitted in the last few days).

EDIT: And Cxrmike, keep up the hope and don't be too harsh on yourself. Nobody expected things to come to a close this quickly - especially not after Friday's high court ruling - things really started looking up.

[cxrmike]

cxrmike don't harsh on yourself that much.. and keep your hope.. i am not pessimistic.. Govt. is just saying things very furiously , and i am sure they will think twice before announcing the rules to not cause any fiasco like previously..

Honestly I'm going through one of the worst times in my life...
My US h1b visa got rejected coz of some documentation issue and I lost hope there after doing my MS in USA (spent more than 20,000$ USD). Now I wanted to apply for UK tier 1, here it goes....Not sure what's next for me.... Well I do not know any option other than keeping myself calm and let those dictators in power to decide our careers. what a life !!!

[adityaisukapalli]

I am planning to apply Tier-1 General switching from PSW inside UK in 2nd week of February 2011. Am i safe ?

[mulderpf]

You should be - the announcements only affect out-of-country applications.

[adityaisukapalli]

Even if i am safe to apply and get Toer-1 G visa in February, i feel pitty for those applicants from outside UK. So sad, spoiling their dreams in single night.

[wf]

It seems there is a possibility all Tier 1 applications to date will be accepted due to the court decision on Friday.

The situation is not sao straightforward for Tier 2 applicants due to the way the cap was implemented - most or all applicants did not actually submit visa applications as they were waiting on a COS.

Can anyone speculate on the implication - the way I see it if anything happens, potentially all COS requested in the period until now could be granted?

[amuk]

URGENT QUESTION:
I'll pay my application fee online and will request that the appointment be end of this month. (this is where I hand in my documents)

I understand it's not very clear, but any idea if that _might_ work? Any thoughts?

Thank you!

[sangul]

Update on UKBA

http://www.ukba.homeoffice.gov.uk/sitec ... e-overseas

[krs133]

Update on UKBA

http://www.ukba.homeoffice.gov.uk/sitec ... e-overseas

The statement of changes is worth reading. It says

- T1G has been closed because the number of applications received has reached the number of the interim cap plus 20% (20% is the average proportion of rejections). Therefore they are taking no more applications because there is a reasonable likelihood that they will exceed the agreed limit. However (and this is fairly important) while T1G is closed to new applicants from 23 December, there is no legal cap on applicants before 23 December.

- The CoS quota under Tier 2 will be set in the same way it is now, but any CoSs assigned from July until now (ie when the illegal cap was in place) will be taken away from the employers' CoS quota until April. This means that if you are assigned a CoS under the illegal cap, you will not get another one under the legal cap. It doesn't say anything about CoSs which would otherwise have been granted were it not for the illegal cap being imposed - I guess there may be a case for these being granted retrospectively but don't know.

- If applicants have made an application before 23 December (when Tier 1 is closed) and it has not been decided by 23 December, it will be decided under the existing rules.

The implication *seems* to be that (assuming the HO does not win any appeal against the legal ruling) effectively there has never been and will never be an interim cap under T1G - legally, it was uncapped until 23rd December, and closed to new applicants from 23rd December in order to meet the interim cap which would have been imposed if it had not been ruled illegal.

So on this basis, all T1G applications between 19 July and 23 December which would have been granted if not for the cap should be granted.

[wf]

I have gone through the statement of changes and still it doesn't mention anything regarding tier 1 general extensions after 2011.

It is quite specific in that all references to leave to remain as a Tier 1 General holder are left in the rules, while references to Entry clearance are removed.

How much confirmation do you need? perhaps a personally signed letter from Theresa May?

[silverTR]

Damian Green says;

These changes do not
apply to those who have existing leave in the Tier 1 (General) category and require an
extension of stay, nor do they apply to those presently in the United Kingdom in
another category of stay and are applying for a variation of leave as a Tier 1 (General)
migrant.

http://www.ukba.homeoffice.gov.uk/sitec ... hanges.pdf

[T1_Mainframe]

Good news for existing T1 G folks. I am sure this should end all the speculation surrounding extension and ILR.

[wf]

The statement of changes is worth reading

Good summary.

It doesn't say anything about CoSs which would otherwise have been granted were it not for the illegal cap being imposed - I guess there may be a case for these being granted retrospectively but don't know.

This is a tricky one, as I see it if the decision is upheld, there was no basis for those COS requests to be refused.

But no official line in the announcement or rule changes as with Tier 1.

[silverTR]

I am wondering if they will immediately start to grant visa after the closure of Tier 1G on 23rd December for queued applications before tomorrow, or they will wait for January..

Also will they be eligible to extent their visa when the time comes? Any ideas?

[adityaisukapalli]

I am applying inside uk for Tier-1 General in February 2011. Will get extension after 2 years ?

[silverTR]

According to my idea " transitional arrangements" would not be trust worth with respect to the Govt.'s ignorant behaviour. They may come up with arrangements which is impossible to meet ..

[ukswus]

The key is that they are not saying that the Tier 1 G migrants will be able to extend under existing rules. They mention "transitional arrangements", which are still being developed.

[adityaisukapalli]

The key is that they are not saying that the Tier 1 G migrants will be able to extend under existing rules. They mention "transitional arrangements", which are still being developed.

Yes. I got the same Reply from Richard (Immigration Policy) saying that There will be transitional arrangements for the people who are on Tier-1 General before April 2011. And he said they will anounce those procedures early 2011.

Tier-1 General migrants who got visa before April 2011 will get extensions for sure. But, not sure what the requirements will be. I guess, they will ask to reach the points under current system which is 100 but not 95.

[viki83]

The key is that they are not saying that the Tier 1 G migrants will be able to extend under existing rules. They mention "transitional arrangements", which are still being developed.

I dont think so "transitional arrangements" is that scary term as this is what needs to be done technically as the original tier 1 general category is being closed. Same thing which happened when HSMP was closed. After JRs, they introduced transitional arrangements. So whatever way you put it, it has to be called transitional arrangements as there would be new forms only for tier 1 general extensions. It would be highly unlikely they change criteria after announcement in January just 2 months before without thinking its affect on those who will need extension in may, june 2011.

[adityaisukapalli]

If iam applying by Person in 2nd week of February 2011, and if they want to do further checks, if that goes beyond 5th April 2011, what will happen to my application ?

Some people in this forum saying that they will apply new rules (Close Tier-1) even though i have applied in February ?

Is this true ?