5 years for ILR rule implemented

ranjanams · Post by **ranjanams** » Sat Jun 09, 2007 5:52 pm

Hi,

The hearing of the case is on 14th and 15th June. One of my friend who is on work permit came to UK in may 2004 and she got married to British citizen in may 2006. But due to the wrong information received she never applied for spouse visa till date and now she wants to apply for spouse visa. I told her to wait for the out come of the case hearing. As she came to UK in may 2004 she is going to complete 4 years in may 2008 on workpermit and if we win the case, she can apply for the ILR in may 2008. If we lose the case then she has to wait till may 2009 for ILR. And if she apply for spouse visa now in june 2007 then she will be eligible for ILR in June 2009 but only advantage of spouse visa is that she can change her job and do not depend upon work permit. But if we win the case she can get ILR in may 2008 and also she do not need to pay money for spouse visa. I would like to know that we will get the verdict of the case on 15th june itself or we have to wait some more days after the case hearing for the verdict.

Thanks

Ranjanams

Rog · Post by **Rog** » Sun Jun 10, 2007 9:21 am

No one can predict whether there will be an immediate outcome or there is any waiting period. Just cross your fingers and hope for the best

a11 · Post by **a11** » Mon Jun 11, 2007 1:20 am

We're informed it is now possible to donate by credit/debit card:
http://www.harveysf.co.uk/appeal_trust.html

Mikhail
VBSI

PS. See www.vbsi.org.uk for terms and conditions

viva · Post by **viva** » Mon Jun 11, 2007 1:23 am

Hello all

After almost 4 years ,my HSMP visa is due to expire on 27 June 2007. Under old rules , I would have qualified for ILR , but under new rules , I have to apply for extension .

The JR case is on 14/15 June 2007 . I doubt that the verdict will be out before I have to send in my application . What should I do ?

Thanks
Viva

a11 · Post by **a11** » Mon Jun 11, 2007 1:25 am

Dear Viva,

It goes without saying that you should apply for extension asap. Even if the JR is a success, it'll take a while for the results to have an effect.

Best regards
Mikhail

viva · Post by **viva** » Mon Jun 11, 2007 1:29 am

Thanks Mikhail

May the struggle be short-lived.

Viva

t4m52 · Post by **t4m52** » Wed Jun 13, 2007 9:15 pm

http://vbsi.org.uk/index.php?mact=News, ... eturnid=15

We have been informed that tomorrow's Judicial Review hearing has been postponed at short notice. Apparently the Home Office's counsel did not receive the trial bundle until this morning, which have already been served on the Treasury Solicitors on 18 and 22 May 2007.

badhorse · Post by **badhorse** » Fri Jun 15, 2007 8:22 am

We have been through this many times!

hsmporwp · Post by **hsmporwp** » Sat Jun 16, 2007 10:23 am

is late justice, justice

mansawant · Post by **mansawant** » Tue Jul 10, 2007 4:21 pm

Hi all,

Any update on the hearing date? I think everybody has forgotten about hearing of the case.

Thanks & Regards,
Mansawant

hsmporwp · Post by **hsmporwp** » Mon Jul 16, 2007 10:08 pm

JR date negotiations

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

16 July 2007

The ILR 4-to-5 Judicial Review has been listed for a hearing on 17 and 18 December 2007. It is the intention of Harvey, Son & Filby Solicitors to request an earlier date which, because of the summer recess, is likely to be no earlier than in October 2007. We will continue to post updates as and when they become available.

SYH · Post by **SYH** » Mon Jul 16, 2007 10:11 pm

hsmporwp wrote:JR date negotiations

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

16 July 2007

The ILR 4-to-5 Judicial Review has been listed for a hearing on 17 and 18 December 2007. It is the intention of Harvey, Son & Filby Solicitors to request an earlier date which, because of the summer recess, is likely to be no earlier than in October 2007. We will continue to post updates as and when they become available.

Just as I expected, the delay makes moot the issue of being able to apply for ILR earlier as that by the end of the year, the first wave of people impacted will have been sorted and then they will unlikely change it back for the rest of the group since if the first wave didn't get it why should the next group.

hsmporwp · Post by **hsmporwp** » Mon Jul 16, 2007 10:34 pm

It is like a planned game going on and we are restricted with nothing but watching the game which will subsequently have a great impact to our lives.

Thinking logically if the JR favours back to 4 year; people who spent 5 years should not wait for citizenship...

Logic and Law

Siggi · Post by **Siggi** » Tue Jul 17, 2007 10:18 am

Well that it, game over!
Again many of us who will most likely qualify in Dec will have lost in this game and more so if the JR is susccessful.
It is a disgrace but do you all really believe, that it would end happily?

tobiashomer · Post by **tobiashomer** » Fri Jul 20, 2007 2:52 pm

at this stage it will be ironic if we win: too late to make any difference to most of us, I think. a Pyrrhic victory, win the battle but lose the war. it is hard to believe that this is not being dragged out deliberately... and cynically.

my 5 years are up in January so we will probably be OK, but I feel for those not so lucky, and the shine has definitely gone off the whole experience, which started so brightly with HSMP acceptance 5 years ago.

after it is all over those of us who survive must use our new secure situation to argue for more consideration for the rights of future immigrants. this has been a shameful episode.

hsmporwp · Post by **hsmporwp** » Sat Jul 21, 2007 9:18 am

tobiashomer wrote:at this stage it will be ironic if we win: too late to make any difference to most of us, I think. a Pyrrhic victory, win the battle but lose the war. it is hard to believe that this is not being dragged out deliberately... and cynically.

my 5 years are up in January so we will probably be OK, but I feel for those not so lucky, and the shine has definitely gone off the whole experience, which started so brightly with HSMP acceptance 5 years ago.

after it is all over those of us who survive must use our new secure situation to argue for more consideration for the rights of future immigrants. this has been a shameful episode.

well i wonder it can make a difference for some in terms of citizenship application. You know after ILR you need to spend 1 year before applying for citizenship. People who waited 5 years instead of 4 may not be subject to this clause if retrospective implementation is changed.

i don't know if it is possible though.

But if it happens; it is better than nothing...

SYH · Post by **SYH** » Sat Jul 21, 2007 9:30 am

hsmporwp wrote:
tobiashomer wrote:at this stage it will be ironic if we win: too late to make any difference to most of us, I think. a Pyrrhic victory, win the battle but lose the war. it is hard to believe that this is not being dragged out deliberately... and cynically.

my 5 years are up in January so we will probably be OK, but I feel for those not so lucky, and the shine has definitely gone off the whole experience, which started so brightly with HSMP acceptance 5 years ago.

after it is all over those of us who survive must use our new secure situation to argue for more consideration for the rights of future immigrants. this has been a shameful episode.
well i wonder it can make a difference for some in terms of citizenship application. You know after ILR you need to spend 1 year before applying for citizenship. People who waited 5 years instead of 4 may not be subject to this clause if retrospective implementation is changed. i don't know if it is possible though.

But if it happens; it is better than nothing...

I thought of that but I don't think they are willing to waive the rules for this issue but it is a thought

sowhat · Post by **sowhat** » Sat Jul 21, 2007 10:30 am

hsmporwp wrote:
tobiashomer wrote:at this stage it will be ironic if we win: too late to make any difference to most of us, I think. a Pyrrhic victory, win the battle but lose the war. it is hard to believe that this is not being dragged out deliberately... and cynically.

my 5 years are up in January so we will probably be OK, but I feel for those not so lucky, and the shine has definitely gone off the whole experience, which started so brightly with HSMP acceptance 5 years ago.

after it is all over those of us who survive must use our new secure situation to argue for more consideration for the rights of future immigrants. this has been a shameful episode.
well i wonder it can make a difference for some in terms of citizenship application. You know after ILR you need to spend 1 year before applying for citizenship. People who waited 5 years instead of 4 may not be subject to this clause if retrospective implementation is changed. i don't know if it is possible though.

But if it happens; it is better than nothing...

I do not think it will happen. The rules are simple, one has to spend at least 1 year on a unconditional visa. Nobody will change your visa back I guess even if the judge rules that 5 years were unfair.

hsmporwp · Post by **hsmporwp** » Sat Jul 21, 2007 3:29 pm

sowhat wrote:
hsmporwp wrote:
tobiashomer wrote:at this stage it will be ironic if we win: too late to make any difference to most of us, I think. a Pyrrhic victory, win the battle but lose the war. it is hard to believe that this is not being dragged out deliberately... and cynically.

my 5 years are up in January so we will probably be OK, but I feel for those not so lucky, and the shine has definitely gone off the whole experience, which started so brightly with HSMP acceptance 5 years ago.

after it is all over those of us who survive must use our new secure situation to argue for more consideration for the rights of future immigrants. this has been a shameful episode.
well i wonder it can make a difference for some in terms of citizenship application. You know after ILR you need to spend 1 year before applying for citizenship. People who waited 5 years instead of 4 may not be subject to this clause if retrospective implementation is changed. i don't know if it is possible though.

But if it happens; it is better than nothing...
I do not think it will happen. The rules are simple, one has to spend at least 1 year on a unconditional visa. Nobody will change your visa back I guess even if the judge rules that 5 years were unfair.

So if the retrospective change of 4-5 year is waived, should we not win the rights as if the 5 year never happened?

Cancellation of retrospective changes should be introduced retrospectively

sowhat · Post by **sowhat** » Sat Jul 21, 2007 4:42 pm

hsmporwp wrote:
sowhat wrote:
hsmporwp wrote:
tobiashomer wrote:at this stage it will be ironic if we win: too late to make any difference to most of us, I think. a Pyrrhic victory, win the battle but lose the war. it is hard to believe that this is not being dragged out deliberately... and cynically.

my 5 years are up in January so we will probably be OK, but I feel for those not so lucky, and the shine has definitely gone off the whole experience, which started so brightly with HSMP acceptance 5 years ago.

after it is all over those of us who survive must use our new secure situation to argue for more consideration for the rights of future immigrants. this has been a shameful episode.
well i wonder it can make a difference for some in terms of citizenship application. You know after ILR you need to spend 1 year before applying for citizenship. People who waited 5 years instead of 4 may not be subject to this clause if retrospective implementation is changed. i don't know if it is possible though.

But if it happens; it is better than nothing...
I do not think it will happen. The rules are simple, one has to spend at least 1 year on a unconditional visa. Nobody will change your visa back I guess even if the judge rules that 5 years were unfair.
So if the retrospective change of 4-5 year is waived, should we not win the rights as if the 5 year never happened?

Cancellation of retrospective changes should be introduced retrospectively

but you will still need 1 year on unconditional visa. Let's say they will decide in December that 5 years for all who entered UK before 2006 was wrong. So anyone who has 4 years and more will be able to apply for ILR. But still they will have to wait a year after that to apply for nationality. I do not think that HO will stamp any visa with a backdate.

anupvijay · Post by **anupvijay** » Thu Aug 09, 2007 10:54 am

May or may not make a difference.

http://www.guardian.co.uk/immigration/s ... 99,00.html

Cheers.

sowhat · Post by **sowhat** » Thu Aug 09, 2007 11:10 am

anupvijay wrote:May or may not make a difference.

http://www.guardian.co.uk/immigration/s ... 99,00.html

Cheers.

I heard Andy Dismore on BBC Radio 4 today.

hsmporwp · Post by **hsmporwp** » Thu Aug 09, 2007 1:44 pm

sowhat wrote:
anupvijay wrote:May or may not make a difference.

http://www.guardian.co.uk/immigration/s ... 99,00.html

Cheers.
I heard Andy Dismore on BBC Radio 4 today.

Certainly the fact that it is announced by the committee and it is on the news, is much better than nothing...

try-one · Post by **try-one** » Thu Aug 09, 2007 1:53 pm

51. We therefore recommend that the Immigration Rules be urgently amended so that
both the lengthening of the qualifying period for settlement and the introduction of
stricter requirements for the extension of leave apply only prospectively, that is, to
future applicants to the HSMP. We recommend that those who had already been
granted leave as a highly skilled migrant on the HSMP when the relevant changes took
effect should be treated according to the rules which applied before those changes.

I like the document from the parliament!

hsmporwp · Post by **hsmporwp** » Thu Aug 09, 2007 2:03 pm

try-one wrote:
51. We therefore recommend that the Immigration Rules be urgently amended so that
both the lengthening of the qualifying period for settlement and the introduction of
stricter requirements for the extension of leave apply only prospectively, that is, to
future applicants to the HSMP. We recommend that those who had already been
granted leave as a highly skilled migrant on the HSMP when the relevant changes took
effect should be treated according to the rules which applied before those changes.
I like the document from the parliament!

That part is really cool though they do not mention about the work permit holders. It looks like the whole report focuses on HSMP holders only.

Immigrationboards.com: Immigration, work visa and work permit discussion board

5 years for ILR rule implemented

Regarding verdict of the case

visa expiring soon

more delay in court case hearing see the vbsi link below

4-5 years

Will this report help ?

Re: Will this report help ?

Re: Will this report help ?