does anyone know if the PBS rule for ILR has been challenged?The rules came into effect in april 2011,however when original visas were granted (hsmp first and then switched over to tier 1) there were no such rules in place at the time. Now they have changed the rules and require you to score 75 points to qualify for ILR.
I know a Judicial Review came into force for those who had their hsmps in 2006 and then rules were changed and they were asked to meet the salary threshold but big number of hsmp holders were unable to meet the requirement and could not qulaify for the ILR or extenion.Then the rule was challenged and Judicial Rview allowed to apply for ILR or visa extension without meeting salary requirements.
Similarly,those who had their hsmps granted before April 2011 should not require to meet PBS system,because when they had their hsmps granted no such rules were in place to qualify for ILR.
Does anyone know if new PBS has been legally challenged in court(for those who had their HSMPs granted prior to April 2011)?
Will appreciate a reply.
Thanks
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