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5 years for ILR rule implemented

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chibuya
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Post by chibuya » Mon May 29, 2006 8:52 pm

Thanks RobinLondon

Agree with you that the Home office is never reliable. In Jananuary 2006 I knew someone wrote in to them to enquiry if the 4 to 5 will be applied retrorespectively and the answer is also ' no plan at the the moment'...

Also Clark has been sacked......

Wonder what we could do next to send the enquiry in, more important, focus on getting promise from HO no new rules will be applied again retrorespectively!


RobinLondon wrote:Just to requote from my previous post, the former Home Secretary Charles Clarke wrote to me on 25 April 2006 with the following comments:

...As confirmed in a previous letter [5 April 2006], Mr ... should apply for further leave to remain on the basis of UK ancestry near the expiry date of his leave to remain in order to meet the 5-year qualifying period for settlement. Once he has completed five years in this category, he will under the current immigration rules be eligible to apply for indefinite leave to remain. There are no plans to extend the qualifying period for ILR under UK ancestry again at the present time...

So there is a "promise" in there. But I got a promise from him before, so I'm not sure how worthwhile this all is. But unlike the previous promise, he's covered his back this time with the added words "at the present time". It's all a bunch of malarkey, if you ask me.

Toss me a coin, Home Office. I'll do a song and dance for you. Anything you want. I'm here to please!

RobinLondon
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Location: SE London

Post by RobinLondon » Mon May 29, 2006 9:09 pm

I can guarantee to you that they will never make that pledge. It's wishful thinking to think that they will. Seriously. Why would anyone willingly bind themselves when they don't have to?

(Legal) immigration is a type of gauntlet. We, the legal migrants, try to keep our nose clean and try not to rock the boat and hope that the great and the good will do the same. But again, they really don't have to. They deal out the punches and we have to say, "Please sir, may I have some more?" The best we can do is attempt to hold them to previous promises, but I think we may find that to be an elusive goal at best.

first2last4
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Post by first2last4 » Tue May 30, 2006 9:33 am

The only practical way of getting around this problem is actually someones PR application rejected and filing the case in the court or wherever, like Gherson did and won it.
Knowledge which is concealed is lost -Hadith

abcd1
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Joined: Mon Oct 03, 2005 3:08 pm

Post by abcd1 » Tue May 30, 2006 10:03 am

Is VBSI or CL team planning to meet new immigration minister on this issue?

raina
Junior Member
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Joined: Thu Feb 09, 2006 3:43 pm

Indian doctors are going to court

Post by raina » Tue May 30, 2006 10:04 am

According to this article the Indian doctors here are going to court.

http://www.hindustantimes.com/news/5967 ... 160006.htm

pluto
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Why dont we take legal actions

Post by pluto » Tue May 30, 2006 10:29 am

Under what ground that we could sue the HO for the 4 to 5 changes? Or is Christine Lee's team plan to do so?

supertiger
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Post by supertiger » Tue May 30, 2006 10:43 am

Don't think CL team is going to sue, they only want to do lobbying...

why do we have to use individual case for the legal action? can we sue on a collective basis? Or do we know any HSMP applicant being rejected ILR due to the change?

chibuya
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Post by chibuya » Tue May 30, 2006 11:00 am

1 Is lobbying more effective then taking legal actions?

2 How could we secure a position that no further changes will be made by the HO in terms of applying PR?

supertiger
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Post by supertiger » Tue May 30, 2006 11:16 am

1 Is lobbying more effective then taking legal actions?
According to CL team yes, although personally I always prefer the legal action.
2 How could we secure a position that no further changes will be made by the HO in terms of applying PR?
No way.

V4VENDETTA
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Confirmation of Application!

Post by V4VENDETTA » Tue May 30, 2006 1:16 pm

Hi,

With regards to a postal ILR application. Do we receive anything in the post to confirm that our application has been received and is being considered, or is the fact that your cheque is banked confirmation that your application has been received?

sowhat
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Re: Confirmation of Application!

Post by sowhat » Tue May 30, 2006 1:18 pm

V4VENDETTA wrote:Hi,

With regards to a postal ILR application. Do we receive anything in the post to confirm that our application has been received and is being considered, or is the fact that your cheque is banked confirmation that your application has been received?
they send a letter confirming the reciept of the application.

V4VENDETTA
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Post by V4VENDETTA » Tue May 30, 2006 1:29 pm

Thanks Sowhat for your prompt reply.

I posted the application on Friday the 12th of May. It was sent Royal Mail Recorded. I checked online that the item was delivered on Saterday the 13th. My bank statement showed the cheque cleared on the 17th of May.

I have yet to receive any official confirmation that my application has been received and is being considered. I have heard that the first thing that is done once your application is received is your cheque being banked. With backlogs, and increased no of applications I was thinking this might take about 2 months. Should I have received a reply by now, is it still too soon to worry, those that have received confirmations - how long was it after your application was posted? Thanks!

RobinLondon
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Location: SE London

Post by RobinLondon » Tue May 30, 2006 1:37 pm

V4Vendetta, you are off-topic and you have posted this question in two places. Please don't do that. It's impolite.

Your question should be answered here:

http://www.immigrationboards.com/viewto ... 0&start=60

supertiger
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Post by supertiger » Tue May 30, 2006 7:48 pm

I received another letter from IND today, in replying my letter to Tony Blair. Not much new, I won;t type everything but some points only, there are some slightly new words fyi:

a. the change was announced in Feb 05 no views received during the period;
b. in line with EU
c. doesn;t affect anyone.
d. benefit to entrepreneurs, businessmen, investors and self-employed. UK remains one of the most welcoming evironments internationally for those seeking to set up in self-employment;
e. UK doesn;t pass retrospective legislation, only takes effect from the date it is passed or later. We do understand that , like you, many people will now have to make a further application for an extension of leave to cover the additional year. We did spend some considerable time balancing tis effect against the gov's wider wishes for ensuring that UK settlement policy is consistent and supports to strengthening of attacment to the UK. However, the effect that you describe is unavoidable and would occur at whatever time and in whatever circumstances we increased the qualifying period for settlement.

Caroline King
Managed Migration Strategy and Review

Well we haven;t seen this review team before, I don;t know if it is a new team really to review the strategy or always there only for their internal procedure. If it is a new team that may be positive, but no idea how... do u think i should reply a letter to her by answering those points from VBSI's supporting documents? She didn;t even mention I should write to her if i have any further questions that sort of sentenses...

RobinLondon
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Location: SE London

Post by RobinLondon » Tue May 30, 2006 8:01 pm

It sounds like the letter you received is almost exactly the same as the one I received from Charles Clarke in April 2006. It's almost a carbon copy, in fact.

I won't go into too much, as I've already commented on their position before. However, it's the last part of the statement that burns me the most. They say that there was no way for them to introduce the change without inconveniencing some visa holders. What a load of codswallop! All they need to do was say, "Alright, after 4 April 2006, we will only be issuing UK Ancestry visas for five years and WP/HSMP for two years followed by a three year extension". They then would have instituted their policy without putting those already in-country in a bind.

Hey, I'm not a professional civil servant, but even I could have figured that problem out!

nonothing
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Post by nonothing » Tue May 30, 2006 8:21 pm

supertiger wrote:If it is a new team that may be positive, but no idea how... do u think i should reply a letter to her by answering those points from VBSI's supporting documents?
why not do so and see what happens next?

supertiger
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Post by supertiger » Tue May 30, 2006 10:13 pm

nonothing wrote:
supertiger wrote:If it is a new team that may be positive, but no idea how... do u think i should reply a letter to her by answering those points from VBSI's supporting documents?
why not do so and see what happens next?
I could do but I only want to talk to the person who;s making decisions not wasting time to the admin, I am more pleased to speak to lawyer. Nonothing, I guess no news from yr side today, apart from lobbying do u know any other actions VBSI is planning to take? Parliament will have recess from 25 Jul till 9 Oct. It is not likely that we can get any breakthrough in 1.5 month by the soft moaning...

nonothing
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Post by nonothing » Tue May 30, 2006 10:36 pm

everyone icluding myself would love to see a breakthrough. but apparently breakthrough doesn't come from nowhere. taking the HO to the court of course is the most direct way to make the breakthrough. to be honest, i don't care about any possible "disturbance" the court case might cause to the lobbying. but i do care about if the court case is doable.

at the moment, collective sue is simply too difficult to organize, let alone huge money and full time campaigners are definitely needed. as to the individual case, someone has to make the first move. he/she can only take the HO to the court after his/her application truned down.

"sue the HO" always comes into people's mind easily. but it easy said than done. if people want to do things seriously, they have to see things from a practical way.

anyway, VBSI always encourages people step forward. any good suggestions will be seriously considered.

supertiger
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Post by supertiger » Tue May 30, 2006 10:52 pm

sorry NN just not in good mood today.

timefactor
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Location: london-UK

Post by timefactor » Wed May 31, 2006 8:47 am

the least if we can workout how much we can collect towards legal fees, that would be great!
supertiger wrote:sorry NN just not in good mood today.

nonothing
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Post by nonothing » Wed May 31, 2006 9:58 am

timefactor wrote:the least if we can workout how much we can collect towards legal fees, that would be great!
supertiger wrote:sorry NN just not in good mood today.
hi, TF. i understand there're quite a lot of enthusiastic people out there, including you, ST, myself and many other mates. we don't mind to contribute towards the legal action. but when we talk about the legal action donation seriously, only enthusiasm is simply not enough. there has to a practical plan involving every aspect in the legal action. huge amounts of organizing work are inevitable. and this is almost impossible at the moment.

here's an example. at the early stage, so many people voiced they were ready to donate to the legal action. but when some chinese people set up a meeting with the lawyers and asked for donation, lots of people even thought they were frauds. at the end those chinese people colloected little money and their effort came to nothing. i suppose they might have to pay the lawyers with their own money for the meeting. in that case i don't think you can blame either those chinese people or those cautelous people. that's just the reality. without a carefully thoughtful plan, you can't even mention collective suit case and donation.

honestly, i do think individual court case is possible. but again, it's up to individual. if someone is taking the HO to the court seriously, i'm also ready to support.

btw, i just got an email from Christine Lee's team. they're interested in the possibility of a demonstration. they welcome any suggestion towards it.

here's the email:
Hi everyone,

We are aiming to hand the petitions to the House of Commons to Mr Andrew Dismore MP on Monday 12 June 2006. I am awaiting confirmation of venue and time. (But it will probably be at the House of Commons.)

When I first participated in the campaign those many weeks back, I was aware that there was some talk about arranging demonstration and the like.

If anyone is interested in planning something, please let me know because we feel the handing of the petition would be a good opportunity to hold such a demonstration to add to the power of the petition so that MPs can’t ignore us.

I will confirm venue and time as soon as possible but in the meantime I would really appreciate an idea of numbers amongst us that will be interested in turning up. A demonstration is a powerful visual method to raise awareness and it would be a good idea but it is the case of the more the merrier and the more powerful our message will be.

Kind Regards
Lok Wong

Christine Lee & Co Solicitors
86 Holloway Head
Birmingham
West Midlands
B1 1NB

Tel: 0121 666 6228
Fax: 0121 666 6993
Last edited by nonothing on Wed May 31, 2006 1:34 pm, edited 2 times in total.

supertiger
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Post by supertiger » Wed May 31, 2006 12:31 pm

Demonstration is good but 12th Jun is a Mon I suspect how many can actually turn up. Maybe the sat before any better? But again, it is the World Cup opening that may still divert concentration...

And, what did Andrew Dismore promise to CL? His recent responses don;t look like supporting us.

nonothing
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Post by nonothing » Wed May 31, 2006 12:48 pm

that's right. from 9 june, there's only one thing in the world, that is the world cup. well, at least for me. :D

supertiger
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Post by supertiger » Wed May 31, 2006 12:53 pm

nonothing wrote:that's right. from 9 june, there's only one thing in the world, that is the world cup. well, at least for me. :D
Hope you are multi-tasking this time NN at least dual-tasking: world cup + campaign...

Papafaith
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Post by Papafaith » Wed May 31, 2006 2:17 pm

There will always be people who are sceptical about donations but that is their business. In this world there will always be people who are ready to sacrifice for others and i am one.
If we can find 100 of such people, we can donate GBP 100.00 each.
Am sure even the thought of a court case will cause the home office to listen to us.

!) Papafaith - 100.00 pounds.

Let the remaming 99 people signify and we take it from there..
An eye for an eye will make the whole world blind.

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