5 years for ILR rule implemented

sowhat · Post by **sowhat** » Fri Jun 09, 2006 12:34 pm

V4VENDETTA wrote:Sowhat!

Are you on a work permit or HSMP, when does your current leave to remain expire? Just wondering how you got a letter asking you whether you would like to change your ILR for further leave to remain, and I got a straight decline.

I'm on HSMP and it expired on 22nd of May.

V4VENDETTA · Post by **V4VENDETTA** » Fri Jun 09, 2006 12:36 pm

Ok. That explains the difference between our cases. I sent you a private message, I hope it was helpful.

nonothing · Post by **nonothing** » Fri Jun 09, 2006 1:21 pm

V4VENDETTA wrote:Sowhat!

Are you on a work permit or HSMP, when does your current leave to remain expire? Just wondering how you got a letter asking you whether you would like to change your ILR for further leave to remain, and I got a straight decline.

straight decline? did you lose your application fee? that's even against their own transition arrangement.

V4VENDETTA · Post by **V4VENDETTA** » Fri Jun 09, 2006 1:55 pm

On a WP May 2002-2007
Should have qualified under 3years 11 months on the 24/04.
Posted my application on the 12/05, money cleared 17/05, letter of confirmation received 31st of May, and 08/06 I received a decline. Reasons below:

"You applied for Indefinite Leave to Remain in the
United Kingdom, but your application has been refused.

In view of the fact the Secretary of State is not
satisfied that you have spent a continuous period of 5
years in the United Kingdom in this capacity.

* You are not entitled to appeal this decision.
Section 82 of the Nationality Immigration and Asylum
Act 2002 does not provide a right of appeal where an
applicant still has leave to enter or remain in the
United Kingdom and so is entitled to stay here.

* You still have leave to remain where your current
conditions continue to apply until **th July 2007.
Please ensure that you understand the conditions of
your stay.

You are not required to leave the United Kingdom as a
result of this decision.

V4VENDETTA · Post by **V4VENDETTA** » Fri Jun 09, 2006 1:57 pm

Yes did lose my fee. I wasn't asked if i wanted FLR, probably cos I have that until July 2007. Straight decline.

try-one · Post by **try-one** » Fri Jun 09, 2006 7:31 pm

Hi, This is a perfect case to take to court; very close to the change of conditions; just for one month this person has to spend another 13 months as a "conditional migrant" and can't apply for ILR. Clearly they implemented the changes retrospectibly

timefactor · Post by **timefactor** » Sat Jun 10, 2006 6:30 am

anybody seen this rule change (4 to 5) anywhere else other than IND website.

could any experts discuss on accessibility here? if V4V don't have access to internet or not accesible to internet where he can access this news?

V4VENDETTA wrote:Yes did lose my fee. I wasn't asked if i wanted FLR, probably cos I have that until July 2007. Straight decline.

nonothing · Post by **nonothing** » Sat Jun 10, 2006 11:00 am

timefactor wrote:anybody seen this rule change (4 to 5) anywhere else other than IND website.

could any experts discuss on accessibility here? if V4V don't have access to internet or not accesible to internet where he can access this news?

that's a very good point!

the BBC still saying 4 years.

rooi_ding · Post by **rooi_ding** » Sat Jun 10, 2006 11:21 am

The media in general are under the impression that we all knew about this change a year ago in that oh so famous paper....... but they all seem to miss the point that there was no mention of retrospective element there was an assumption on their part that this is what we would presume (as we all know assumption is the mother of all ..................) If the HO were to follow status quo on this particular law change we would still be very happy and I would have my ILR 6 days ago. This also the basis of any court case.

Their approach in terms of this "is not a retrospective rule change" is very weak as supertiger kindly pointed out in a law dictionary definition. This will all come out in the wash one day (hopefully we can still trust the judges in this country) but sadly it will be to late for the likes of me because it will take about a year to get to that stage.

Miss Oceania · Post by **Miss Oceania** » Mon Jun 12, 2006 12:01 pm

This is info for Ancestry visa holders who will now have to apply for Further Leave to Remain using the FLR(O) form. You will be required to provide the ORIGINAL BIRTH CERTIFICATES for your grandparent, parent and yourself with the application. This is despite having already provided these docs in your original application for an Ancestry visa, and I have just been advised by "James" at the I&ND that they cannot be certified copies (even though the majority of us would have had our ancestry visa applications approved in our home countries based on certified copies).

I will be taking this specific matter up with my MP as I am not able to locate or provide the originals of any of the birth certificates.

I think this is a case of the goal posts being moved not once, but TWICE for us ancestry visa holders!

RobinLondon · Post by **RobinLondon** » Mon Jun 12, 2006 12:25 pm

Hmm, I'm not sure "James" is right on that, but maybe the law has changed. I got my first Ancestry visa in 1998 with all the necessary birth and marriage certificates. When I applied for a new one in 2003 here in the UK, I brought all the certificates with me to Croydon, but they didn't even want to look at them. They just said that having issued me an Ancestry visa before, it was obvious that my papers were in order.

So I don't know. Maybe the process has changed. Or maybe "James" is wrong. In any case, I'm sorry to hear about this second frustration.

Miss Oceania · Post by **Miss Oceania** » Mon Jun 12, 2006 1:12 pm

It states on the FLR(O) form that the birth certificates are required, it's basically the ONLY difference between the FLR(O) and the SET(O) forms! And it states on the forms that originals are required too. "James" suggested I should write a covering letter explaining why originals can't be provided and hope that the case worker who processes is is sympathetic! He also said this may result in the application being rejected though.

V4VENDETTA · Post by **V4VENDETTA** » Mon Jun 12, 2006 4:25 pm

It looks like IND now have a working site, its about time. My main point here, if IND implemented there first news of changes on 13/03 and posted new info on it since, how were people supposed to know what was happening when the site hardly ever worked. If I was someone that just heard about the changes via word of mouth and needed clarification from the site I would have never been able to access the info

http://www.ind.homeoffice.gov.uk/

RobinLondon · Post by **RobinLondon** » Mon Jun 12, 2006 4:29 pm

...and all over the website, they're still making reference to four years instead of five. Lordy!

nonothing · Post by **nonothing** » Mon Jun 12, 2006 7:03 pm

new set (0)

http://www.ind.homeoffice.gov.uk/6353/1 ... to0606.pdf

If you going to post or make your application in person before 22 June 2006, you must use the existing version of this form (version 09/2005). If you are going to apply on or after 22 June 2006, you must use the new version of the form (version 06/2006).

easylife4me · Post by **easylife4me** » Tue Jun 13, 2006 11:39 am

are there any updates on the protest that is happening on 16th.
regards

supertiger · Post by **supertiger** » Tue Jun 13, 2006 6:20 pm

easylife4me wrote:are there any updates on the protest that is happening on 16th.
regards

Demonstration Update 13/06/2006

--------------------------------------------------------------------------------

"Tuesday 13 June 2006"
The demonstration is now fully planned. The schedule has been agreed between all organisers.

Event Schedule:

10.00am Demonstration at Parliament Square

10.30am March from King Charles Street to Parliament Square led by traditional Chinese Lion dance.

11.00am Photocall in Parliament Square
Chinese Lion will present the petition of the communities to Mr Andrew Dismore MP.
Mr Andrew Dismore to say a few words to the media on the petition.
Other members of Parliament visiting the demonstration to show their support will also be invited for comment to the media.

12noon Photocall session ends

3.00pm Andrew Dismore MP to formally present petition to Parliament

3.30pm Demonstration at Parliament Square ends.
http://www.vbsi.org.uk/index.php?mact=N ... eturnid=15

Post by **John** » Tue Jun 13, 2006 7:20 pm

The 16th is this coming Friday. On Friday the House of Commons is discussing Private Members Bills and I suspect that there may not be a slot for the presentation of Petitions on that day. You might want to check that out with the office of Andrew Dinsmore. At 3.00.pm I expect the Speaker (or deputy) will be formally adjourning the House .. even if someone is still speaking!

However, I don't think that will be a great problem. He can present the petition on the following Monday or sometime next week.

Given the intended demonstration near Parliament, has permission been sought from the authorities?

RobinLondon · Post by **RobinLondon** » Wed Jun 14, 2006 8:09 am

There was quite an informational article in the weekly TNT magazine released yesterday about the VBSI demonstation on Friday? (Is that you, Miss Oceania?) Well done.

If you can't find a copy around London--which is quite unlikely--you can also read it online. The story is on page 36.

http://www.tntmagazine.com/uk/corpinfo/ ... sp?ID=emag

Miss Oceania · Post by **Miss Oceania** » Wed Jun 14, 2006 9:20 am

RobinLondon wrote:There was quite an informational article in the weekly TNT magazine released yesterday about the VBSI demonstation on Friday? (Is that you, Miss Oceania?) Well done.

If you can't find a copy around London--which is quite unlikely--you can also read it online. The story is on page 36.

http://www.tntmagazine.com/uk/corpinfo/ ... sp?ID=emag

Yes, that was me!

supertiger · Post by **supertiger** » Wed Jun 14, 2006 9:30 am

can someone copy the content here? my machine is very slow today...

easylife4me · Post by **easylife4me** » Wed Jun 14, 2006 9:33 am

The Voice Of Britain's Highly Skilled Migrants Organising A Protest Against The Home Office In The United Kingdom On June 16

The Voice of Britain's Highly Skilled Migrants (VBSI) is organising a protest against the recent changes made by the Home Office in the United Kingdom, which retrospectively changed the time period to apply for residency from four to five years.

For Immediate Release

LONDON/EWORLDWIRE/June 13, 2006 --- Legal skilled migrants on Work Permit (WP), Highly Skilled Migrant Programme (HSMP) and Ancestry Visa will hold a demonstration outside the Parliament on Friday, 16 June to protest the retrospective application of the new immigration rules that will disturb the lives of more than 100 thousand migrants and their dependents and will have a direct cost within the United Kingdom of more than £15 million.

The movement is also supported from inside the Parliament. On the day of the demonstration, Labour MP Andrew Dismore will present the case to the House of Commons and hand over an official petition signed by 1,700 people. More than 40 MPs from all parties have already expressed their support and promised to press for the new rules to be overturned.

These new rules will bring the period required by legal migrants to qualify for Indefinite Leave to Remain from four years to five years (ILR 4-5.) Instead of applying the rules to new migrants, the previous administration of the Home Office, in an unfair and unwise move, imposed them retrospectively on current migrants, who came to the United Kingdom under the old rules with no regard to the consequences both on these migrant and on the British economy.

Migrants feel this is unfair because of the lack of consultation, absence of full Regulatory Impact Assessment and because of its defiance of the legitimate expectation of current migrants that the rules would not be changed in mid-play.

It is unwise because it will clearly cost the British economy, create an atmosphere of distrust and drive potential skilled migrants to choose other countries with more reliable immigration policies.

Thousands of migrants are still unaware of the changes, simply because the Home Office did not even inform them. Those who do know are shocked. Two online petitions against the act have collected almost 1,000 signatures. Some devastated migrants have expressed their frustration on Voice of Britain’s Skilled Immigrants’ Web site (www.VBSI.org.uk):

This demonstration will be the first and largest of its kind and it will be a great opportunity for press coverage.

For more information about this event contact Lok Wong, the event coordinator on 44-793-2-829-267 or e-mail lok.wong@christine-lee.co.uk.

HTML: http://newsroom.eworldwire.com/releases/14748
PDF: http://newsroom.eworldwire.com/pdf/14748.pdf
ONLINE NEWSROOM: http://newsroom.eworldwire.com/309685.htm
NEWSROOM RSS FEED: http://newsroom.eworldwire.com/xml/newsrooms/309685.xml
LOGO: http://newsroom.eworldwire.com/309685.htm

CONTACT:
Marietta LeSage
Voice of Britain's Skilled Immigrants
35 Chancery Lane
London, U.K. WC2A 1EL
PHONE. 44-20-7520-5360
EMAIL: marietta.lesage@lexisnexis.co.uk
http://vbsi.org.uk

nonothing · Post by **nonothing** » Wed Jun 14, 2006 10:17 am

rg1 · Post by **rg1** » Fri Jun 16, 2006 10:04 am

Any update on today's demonstration?

garichd · Post by **garichd** » Fri Jun 16, 2006 8:36 pm

http://news.bbc.co.uk/2/hi/uk_news/5087618.stm

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5 years for ILR rule implemented

My case: