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badhorse wrote:I agree with Smit. 7/11 change is an evidence against 4-5 change.
The 7/11 change has demonstrated clearly that the 4-5 change IS ALREADY HAVING a detrimental effect on many HSMPs. This is a strong argument on the court and can be used as an evidence to overrule the 4-5 change (for existing HSMPs). The Home Office is stupid and bold enough to produce this evidence themselves!
What, they think we are all slaves? We are brainless? We don't understand the system? Even the drug edict prisoners are treated better than us, after they sued the government!
Anyone who cannot extend their 5th year due to the 7/11 change therefore SHOULD go to the court and challenge both 7/11 and 4-5 changes in their individual JR. Hopefully, the court in this country can have some sense.
The JR initiated by SK should not stop us as individuals from going to court for our own cases. Six prisoners sued the government for not providing drugs to them in the prison! And yesterday the government agreed to compensate them. Now >100 prisoners are suing the goverment. Imagine using our tax to pay prisoners!
I believe individuals can make a change! The only thing the HO is afraid of is the court. If we don't sue the government, we will have to go back after 4 years' of hard working and final humiliation!
Could you give the source for this please? Thanks!rg1 wrote:New WP scheme (from previous published command paper - HSMP changes followed exactly as were outlined in this command paper)
Pass mark 50
Education NVQ3 5, Bachelor/Master 10, PhD 15
Prospective Earning £15-18k 5 £18-19.5k 10 £19.5-21 15 £21k+ 20
Job Requirement
Shortage occupation 50
Not shortage list but passes resident labor market 30
Intra Company transfer 50
tobiashomer wrote:I agree with Rog: so far all the hurdles have been put up to stop people getting to the ILR stage; but when they realise that many will get there anyway despite inconvenience and hardship in some cases, they will have no other way to produce the reduced ILR numbers that are at the root of all this, but to change the ILR criteria. My guess is points will apply there too (let's hope they don't read this forum for ideas).
Vic
Dear Mr. Sharma,
Thank you for your emails of 16 November, 17 November 10:17 and 10:20. I have responded below to your most recent email.
Q. 1). Prior to March 2006 when the qualifying period for ILR for work permit holders was 4 years, they were permitted short absences abroad provided that these absences did not exceed 3 months duration, and they did not amount to more than 6 months in all. In light of the recent increase in the qualifying period for ILR for Work Permit holders from 4 to 5 years, what is the total duration of absences abroad that are now allowed in this 5 year qualifying period?
A) The total duration of absences abroad that are allowed in the 5 year qualifying period have remained the same as under the 4 year qualifying period. That is the total duration of absences abroad that are allowed in the 5 year qualifying period for ILR for Work Permit holders is 6 months. Please note that absences should not exceed 3 months at a time and should not amount to more than 6 months in all.
Q.2). The current Annex F refers to the old 4 year qualifying period for ILR and has, obviously, not been updated in light of the recent change in the qualifying period earlier this year. What is the new Home Office formula for caseworkers for calculating the 'Five year continuous stay' requirement for eligibility for Settlement/ ILR for work permit holders ?
A) Please note that Annex F, Paragraph 3 - Calculation of the Four Year Period for settlement - whilst referring to the 4 year qualifying period is also currently applicable to the 5 year qualifying period.
I hope this is of help to you. If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint to:
IND Complaints Unit
11th Floor, West Wing
Block 'C'
Whitgift Centre
Wellesley Road
Croydon
CR9 1AT
During the independent review, the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.
Kind Regards,
Sandra
Sandra Birkinshaw
Freedom of Information
Work Permits (UK)
I wanted to say that if our ILR are not going to back dated (in case we win legal battle) then government will achieve the political objective (showing statistics better for naturalisation for year 2007/08) and may not be that much willing to enforce this unfair retrospective change.Rog wrote:Dear WP_Holder_05_2002, let us not count our chickens before they are hatched. It will be a long and prolonged fight.
Even those HSMP holders who have got a 4 year extension after 1 year may be under the impression that they are clear through to ILR at the end of their extension, but knowing the Home Office tendancy to retrospectively pass any law even they can expect an nasty surprise at the end of 5 years hence they should also actively support any movement to make HO see the unfairness in their actions
vic wrote:Just thought I will update you guys regarding the total leaves (abroad) allowed during the 5 year qualifying period for ILR. Following is the response that I recieved today from the HO, under the Freedom of Information Act. Im sure you will be as amazed as I am to notice that the permitted absences now fall short of even the paid leaves during the 5 year run-up !!
Vic
Dear Mr. Sharma,
Thank you for your emails of 16 November, 17 November 10:17 and 10:20. I have responded below to your most recent email.
Q. 1). Prior to March 2006 when the qualifying period for ILR for work permit holders was 4 years, they were permitted short absences abroad provided that these absences did not exceed 3 months duration, and they did not amount to more than 6 months in all. In light of the recent increase in the qualifying period for ILR for Work Permit holders from 4 to 5 years, what is the total duration of absences abroad that are now allowed in this 5 year qualifying period?
A) The total duration of absences abroad that are allowed in the 5 year qualifying period have remained the same as under the 4 year qualifying period. That is the total duration of absences abroad that are allowed in the 5 year qualifying period for ILR for Work Permit holders is 6 months. Please note that absences should not exceed 3 months at a time and should not amount to more than 6 months in all.
Q.2). The current Annex F refers to the old 4 year qualifying period for ILR and has, obviously, not been updated in light of the recent change in the qualifying period earlier this year. What is the new Home Office formula for caseworkers for calculating the 'Five year continuous stay' requirement for eligibility for Settlement/ ILR for work permit holders ?
A) Please note that Annex F, Paragraph 3 - Calculation of the Four Year Period for settlement - whilst referring to the 4 year qualifying period is also currently applicable to the 5 year qualifying period.
I hope this is of help to you. If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint to:
IND Complaints Unit
11th Floor, West Wing
Block 'C'
Whitgift Centre
Wellesley Road
Croydon
CR9 1AT
During the independent review, the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.
Kind Regards,
Sandra
Sandra Birkinshaw
Freedom of Information
Work Permits (UK)