Does Work permit holder benefit from HSMP ruling?

Angelica · Post by **Angelica** » Fri Apr 08, 2011 4:16 pm

My friend's case is a bit trickish.

1) The main applicant got work permit in October 2005. He was give 4 years work permit.

2) His wife came to join him in May 2006.

After about a year, the main applicant change employer and reapply for work permit which was subsequently given for 5 years.

First question, can they benefit from the ruling?

Thanks

Post by **geriatrix** » Fri Apr 08, 2011 4:19 pm

Angelica · Post by **Angelica** » Fri Apr 08, 2011 4:24 pm

Thanks.

Angelica · Post by **Angelica** » Sun Apr 10, 2011 9:37 pm

I thought every applicants who is entitled to ILR based on 4 years continuous stay can gain from HSMP forum judgement.

Remember pankina judgement was launched by PSW applicant but the benefit was enjoyed by people in Tier 4 as well.

Post by **geriatrix** » Sun Apr 10, 2011 9:51 pm

Wishful thinking!

HSMP JR(s) benefit HSMP migrants who applied for HSMP approval before 07-Nov-06. In terms of 4 years qualifying residential requirement for settlement, the HSMP (ILR) JR benefits only those HSMP migrants who applied for HSMP approval before 03-Apr-06.

No one else. Period!

Angelica · Post by **Angelica** » Mon Apr 11, 2011 11:00 am

I thought there should be a ''legitimate expectation'' for everyone that is affected by 4/5 years rule.

Even work permit holders went to court as well albeit 'not well grounded'

http://www.bailii.org/ew/cases/EWHC/Adm ... /3221.html

Post by **PaperPusher** » Mon Apr 11, 2011 11:13 am

Work permit holders went to court and lost. The HSMP Forum Ltd judgement is not about work permit holders at all.

Angelica · Post by **Angelica** » Mon Apr 11, 2011 8:57 pm

PaperPusher wrote:Work permit holders went to court and lost. The HSMP Forum Ltd judgement is not about work permit holders at all.

PSW applicant went to court but Tier 4 applicants then benefit on the same maintenance funds refusals

I believe the main issue in HSMP is the 4/5 years now leading to settlement. The same way it affected the the work permit holders.

Cheers

Post by **PaperPusher** » Mon Apr 11, 2011 10:05 pm

Angelica wrote:
PaperPusher wrote:Work permit holders went to court and lost. The HSMP Forum Ltd judgement is not about work permit holders at all.
PSW applicant went to court but Tier 4 applicants then benefit on the same maintenance funds refusals

I believe the main issue in HSMP is the 4/5 years now leading to settlement. The same way it affected the the work permit holders.

Cheers

The term "legitimate expectation" has a very specific legal meaning, so no Work Permit holder has yet been able to show that they had a "legitimate expectation" to get ILR after 4 years.

The HSMP Forum Ltd has absolutely no relevance to Work Permit holders at all. Not even about extending the requirements for settlement from 4 to 5 years.

The Pankina judgement is also totally different and has no relevance to Work Permit holders.

Work Permit holders must spend five years as a Work Permit holder to get ILR.

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Does Work permit holder benefit from HSMP ruling?

Does Work permit holder benefit from HSMP ruling?