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Introduction of immigration cap deemed unlawful

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

wf
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Post by wf » Tue Dec 21, 2010 1:20 pm

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

Applications are decided under rules in place on date of application.

T1_Mainframe
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Post by T1_Mainframe » Tue Dec 21, 2010 1:20 pm

adityaisukapalli wrote: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 ?
Have you heard something called 'date of application'?

adityaisukapalli
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Post by adityaisukapalli » Tue Dec 21, 2010 1:25 pm

wf wrote:
adityaisukapalli wrote: Some people in this forum saying that they will apply new rules (Close Tier-1) even though i have applied in February ?
Who and where?

Applications are decided under rules in place on date of application.
http://www.immigrationboards.com/viewtopic.php?t=68852

See Sushdmehta's comment on this!

wf
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Joined: Tue Mar 04, 2008 4:30 am

Post by wf » Tue Dec 21, 2010 1:37 pm

adityaisukapalli wrote:
wf wrote:
adityaisukapalli wrote: Some people in this forum saying that they will apply new rules (Close Tier-1) even though i have applied in February ?
Who and where?

Applications are decided under rules in place on date of application.
http://www.immigrationboards.com/viewtopic.php?t=68852

See Sushdmehta's comment on this!
Suggest you continue in that thread, where i have added a comment.

bloke
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Post by bloke » Tue Dec 21, 2010 1:54 pm

guys i have some excellent news. all applications before 23 Dec 2010 will be approved. Below is the email from Home office
On Tue, Dec 21, 2010 at 7:04 PM, Jackson Richard (Immigration Policy) <Richard.Jackson@homeoffice.gsi.gov.uk> wrote:

Thank you for your query. All Tier 1 (General) applications submitted before 23 December 2010 will be considered. None will be affected by the limit.

Regards,
Richard
Richard Jackson
Immigration Policy
UK Border Agency
PO Box 3468, Sheffield, S3 8WA
P Please don't print this e-mail unless you really need to

-----Original Message-----
Sent: 21 December 2010 1:07 PM
To: Jackson Richard (Immigration Policy)
Subject: statement of changes in immigration rules

Dear Sir

Will the limit of 5100 visas apply to Tier 1 general outside-uk applications submitted before 23 December 2010.

Thanks and Regards

geriatrix
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Post by geriatrix » Tue Dec 21, 2010 1:59 pm

bloke wrote:guys i have some excellent news. all applications before 23 Dec 2010 will be approved.
Then why are they are closing Tier 1 (General) applications from outside the UK?

If all applications submitted before 23-Dec are to be issued a visa (if approved), then when will they allow applications to fill the remaining quota from the limit (which is now reimposed legally)?


regards

adityaisukapalli
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Post by adityaisukapalli » Tue Dec 21, 2010 2:07 pm

sushdmehta wrote: If all applications submitted before 23-Dec are to be issued a visa (if approved), then when will they allow applications to fill the remaining quota from the limit (which is now reimposed legally)?
I think they are completely ignoring the term "Interim Limit" and legally introduced new cap.i.e, Tier-1 General Close for Overseas

geriatrix
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Post by geriatrix » Tue Dec 21, 2010 2:13 pm

This topic, the court ruling and the statement of changes have nothing to do with immigration rules regarding leave to remain (extension) for existing Tier 1 (General) migrants or those who may become Tier 1 (General) migrants before the scheme is permanently closed.


The tranitional arrangements referred to in this announcement concern applicants who would have submitted applications in-country to switch to Tier 1 (General) before Tier 1 (General) closes in the UK on 05-April-2011.


regards

krs133
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Post by krs133 » Tue Dec 21, 2010 2:16 pm

sushdmehta wrote:
bloke wrote:guys i have some excellent news. all applications before 23 Dec 2010 will be approved.
Then why are they are closing Tier 1 (General) applications from outside the UK?

If all applications submitted before 23-Dec are to be issued a visa (if approved), then when will they allow applications to fill the remaining quota from the limit (which is now reimposed legally)?


regards
There is no Tier 1 General quota, and thanks to the court ruling, legally there has never been. The only quota which has been legally introduced is for Tier 2, while T1G has been closed altogether.

This does need to be made clear (and the above email seems to confirm it): for those who applied before 23 December, there is no limit to the number of T1G visas which can be granted.

The reason T1G is being closed is that the number of existing applicants has reached the number which *would* have been the level admitted under an interim cap, had the interim cap actually been legal.

gregshukla
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Post by gregshukla » Tue Dec 21, 2010 2:19 pm

adityaisukapalli wrote:
sushdmehta wrote: If all applications submitted before 23-Dec are to be issued a visa (if approved), then when will they allow applications to fill the remaining quota from the limit (which is now reimposed legally)?
I think they are completely ignoring the term "Interim Limit" and legally introduced new cap.i.e, Tier-1 General Close for Overseas
You mean, in effect, a new legal cap of 0...

gregshukla
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Post by gregshukla » Tue Dec 21, 2010 2:22 pm

The immigration minister mentioned several times in his speech yesterday that they are awaiting a written copy of the judgement in Jan before they decide if they will appeal against it or not.

Wonder if they will go ahead and appeal and (God forbid), again say that limit was legal if they win the appeal. Seems unlikely though given the noises/annoucements made today...

bloke
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Post by bloke » Tue Dec 21, 2010 2:26 pm

sushdmehta wrote:
Then why are they are closing Tier 1 (General) applications from outside the UK?

If all applications submitted before 23-Dec are to be issued a visa (if approved), then when will they allow applications to fill the remaining quota from the limit (which is now reimposed legally)?


regards
They are closing tier 1 from outside uk as their proposed quota is over. Since the limit imposed before 23 Dec 2010 is deemed unlawful all eligible applications submitted before that date will be approved.

adityaisukapalli
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Post by adityaisukapalli » Tue Dec 21, 2010 2:35 pm

gregshukla wrote:You mean, in effect, a new legal cap of 0...

Yes, i am thinking that way.

geriatrix
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Post by geriatrix » Tue Dec 21, 2010 2:43 pm

Tier 1 General will be closed to out of country applications because of the number of applications that have been received since 19 July 2010. The route is not being closed in response to the Divisional Court’s decision.
....

Applications for entry clearance as a Tier 1 (General) migrant made before that date will still be considered against the existing Immigration Rules.
You are right, no cap/quota anymore .... just scheme closure to keep the numbers similar to the "unlawful" cap!

I do hope that all worthy applicants submitting their applications by 23-Dec-10 are issued visas!


regards
Last edited by geriatrix on Wed Dec 22, 2010 1:36 am, edited 2 times in total.

BDUTT
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Post by BDUTT » Tue Dec 21, 2010 2:49 pm

gregshukla wrote:The immigration minister mentioned several times in his speech yesterday that they are awaiting a written copy of the judgement in Jan before they decide if they will appeal against it or not.

Wonder if they will go ahead and appeal and (God forbid), again say that limit was legal if they win the appeal. Seems unlikely though given the noises/annoucements made today...
If HO has any intention of appealing against the ruling about illegal quota they will not process any application till they have appealed and decision made. Its just my opinion seniors please shed some light on this thought.

gregshukla
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Post by gregshukla » Tue Dec 21, 2010 2:53 pm

sushdmehta wrote:I do hope that all applicants submitting their applications by 23-Dec-10 are issued visas (if approved).


regards
Amen. Hope the same too for fellow members of this forum!

hydviv
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Introduction of immigration cap deemed unlawful

Post by hydviv » Tue Dec 21, 2010 3:07 pm

For all Out of country Tier 1 G Applicants:-

The way I see is Tier 1(G) closure from 23/12/2010 is THE CAP., as there is no other way to implement the interim cap. (I don't think
HO will go for appeal at all in January as the cap is one way or other getting implemented now)

Besides I just checked with Richard.Jackson whether successful applications will be granted visas from now or the way earlier planned like 600 each month on Jan'11-Mar'11.

He responded very promptly within minutes as they will grant the Visas from now ASAP
..

"

Thank you for your e-mail. The answer to your questions is yes. We will process all applications received before 23 December as quickly as possible.

Regards,
Richard
Richard Jackson
Immigration Policy
UK Border Agency
PO Box 3468, Sheffield, S3 8WA "


Thus to summarize all those applicants for Tier 1 (G) Out of country who would be submitting till tommorow will recieve their Visas without much wait.

However Whomsoever unfortunately missed the bus of applying due to Maintenance/Previous Earnings don't lose hope., There will be innummerable countries Australia/canada/Europe/Asia(Japan and even South Korea once War subsides) are all still open and waiting with open arms.

Rgds,
Hydviv

infocen
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Post by infocen » Tue Dec 21, 2010 4:15 pm

does this apply to Tier 1 General Dependants as well. If i get my Tier 1 G will i be able to apply for my dependents later in Jan/Feb/Mar?

geriatrix
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Post by geriatrix » Tue Dec 21, 2010 4:32 pm

infocen wrote:does this apply to Tier 1 General Dependants as well. If i get my Tier 1 G will i be able to apply for my dependents later in Jan/Feb/Mar?
Read posts on page 3 of this topic.


regards

indian234
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Post by indian234 » Tue Dec 21, 2010 10:29 pm

I agree with gregshukla....there is no mention of limits on extensions...they only mentioned transitional arrangements which is inline with what we expect normally. Hopefully, they will release official notes soon....

manojk005
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Post by manojk005 » Tue Dec 21, 2010 10:38 pm

Look like, intensive speculation and scare mongering will start soon despite request not to do so by moderator. Hence, moderator should consider locking this thread or moderate intensively by deleting posts which are not substantiated by authentic information.

push
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Post by push » Tue Dec 21, 2010 10:55 pm

We have locked countless numbers of threads but we still manage to get to the same situation. It is up to the members themselves to ensure that they do not post any unsubstantiated informations. The Moderators have their day jobs to attend to and therefore its very difficult to moderate intensively as suggested. As I said, self-discipline is what is needed.
regards,
push
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geriatrix
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Post by geriatrix » Wed Dec 22, 2010 1:09 am

manojk005 wrote:Look like, intensive speculation and scare mongering will start soon despite request not to do so by moderator. Hence, moderator should consider locking this thread or moderate intensively by deleting posts which are not substantiated by authentic information.
Post in question - both off-topic and speculative - (and related follow-up responses) deleted.


regards

t1s2010
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Post by t1s2010 » Wed Dec 22, 2010 9:26 am

From the UKBA website -
There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK, and we will announce details of these in due course.
What is meant by 'already in the UK'? What if my T1(G) is from Dec, 2010 but I cannot enter UK till June, 2011.

Which side of the the ruling, I may stand???

adityaisukapalli
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Post by adityaisukapalli » Wed Dec 22, 2010 9:52 am

The Transitional arrangements will be for Tier-1 General Initial Inside UK applicants whose applications are not decided by 5th April 2011.

Locked