Settlement requirements for PBS migrants from April 2011

[York123]

@xyz123:
It was my bad luck, I did'nt check the expiry date but paying insurance on that licence even after taking the provision licence.

[ukswus]

You are saying as if it's our right to just go to any other country, live there for X no of years and get citizenship. Our commitments alone doesn't matter at all. The country that we go to has right to decide whether we can stay here permanently or not.

xyz123, it's so easy to say this after getting your ILR last year, isn't it?

[_Igor]

I think what we all need is an email draft which everyone can send to their MP. I also have a car and I can potentially be affected by the rules change. We need our voices to be heard, otherwise things will get much worse. Worst case (legal action) might also help in the sense that government will be more cautious re policy change.

[salina02]

HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW: POLICY DOCUMENT

Introduction
1.
Prior to 3 April 2006 the continuous residence requirement for ILR under the Highly Skilled Migrant Programme (HSMP) was that migrants should show that they had spent four years continuous residence in the United Kingdom. The four year qualifying period was increased to five years on 3 April 2006.
2.
The HSMP Forum Ltd brought a Judicial Review on the grounds that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years should be eligible to apply for settlement (ILR) after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgment can be found at the following web address: http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html
3.
The purpose of this policy is to give effect to the High Court’s judgment and enable affected migrants to apply after four years continuous residence in the United Kingdom in a qualifying category. Under this policy, migrant’s will not have to demonstrate a knowledge of language and life in the United Kingdom in order to obtain ILR.
4.
The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.


Guys Dont you think the above bold lines help us in anyway.

[sunny1407]

HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW: POLICY DOCUMENT

Introduction
1.
Prior to 3 April 2006 the continuous residence requirement for ILR under the Highly Skilled Migrant Programme (HSMP) was that migrants should show that they had spent four years continuous residence in the United Kingdom. The four year qualifying period was increased to five years on 3 April 2006.
2.
The HSMP Forum Ltd brought a Judicial Review on the grounds that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years should be eligible to apply for settlement (ILR) after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgment can be found at the following web address: http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html
3.
The purpose of this policy is to give effect to the High Court’s judgment and enable affected migrants to apply after four years continuous residence in the United Kingdom in a qualifying category. Under this policy, migrant’s will not have to demonstrate a knowledge of language and life in the United Kingdom in order to obtain ILR.
4.
The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.


Guys Dont you think the above bold lines help us in anyway.

Exactly my point and same is confirmed in the JR policy document. So fingers crossed that should be the case!

[xyz123]

HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW: POLICY DOCUMENT

Introduction
1.
Prior to 3 April 2006 the continuous residence requirement for ILR under the Highly Skilled Migrant Programme (HSMP) was that migrants should show that they had spent four years continuous residence in the United Kingdom. The four year qualifying period was increased to five years on 3 April 2006.
2.
The HSMP Forum Ltd brought a Judicial Review on the grounds that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years should be eligible to apply for settlement (ILR) after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgment can be found at the following web address: http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html
3.
The purpose of this policy is to give effect to the High Court’s judgment and enable affected migrants to apply after four years continuous residence in the United Kingdom in a qualifying category. Under this policy, migrant’s will not have to demonstrate a knowledge of language and life in the United Kingdom in order to obtain ILR.
4.
The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.


Guys Dont you think the above bold lines help us in anyway.

i dont think it helps. You forget that HSMP applicants were given in writing that they are eligible for ILR after 4 years and the biggest reason the home office lost this was this particular commitment they made to HSMP applicants.

For Tier 1/ Tier 2/ WP holder no such commitments was made.

Why do you think that only HSMP holder were excempt from rule change from 4 to 5 years. Why did similar case by WP holders was ruled in favor of home office?

[eager2learn]

HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW: POLICY DOCUMENT

Introduction
1.
Prior to 3 April 2006 the continuous residence requirement for ILR under the Highly Skilled Migrant Programme (HSMP) was that migrants should show that they had spent four years continuous residence in the United Kingdom. The four year qualifying period was increased to five years on 3 April 2006.
2.
The HSMP Forum Ltd brought a Judicial Review on the grounds that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years should be eligible to apply for settlement (ILR) after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgment can be found at the following web address: http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html
3.
The purpose of this policy is to give effect to the High Court’s judgment and enable affected migrants to apply after four years continuous residence in the United Kingdom in a qualifying category. Under this policy, migrant’s will not have to demonstrate a knowledge of language and life in the United Kingdom in order to obtain ILR.
4.
The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.


Guys Dont you think the above bold lines help us in anyway.

i dont think it helps. You forget that HSMP applicants were given in writing that they are eligible for ILR after 4 years and the biggest reason the home office lost this was this particular commitment they made to HSMP applicants.

For Tier 1/ Tier 2/ WP holder no such commitments was made.

Why do you think that only HSMP holder were excempt from rule change from 4 to 5 years. Why did similar case by WP holders was ruled in favor of home office?

wp holders were also given in writing that they can apply after 4 years and then the rules were changed retrospectively. hsmp holders had an addditional promise, that future rule changes would not effect them thats why they won. wp holder didnt have that promise.

[salina02]

HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW: POLICY DOCUMENT

Introduction
1.
Prior to 3 April 2006 the continuous residence requirement for ILR under the Highly Skilled Migrant Programme (HSMP) was that migrants should show that they had spent four years continuous residence in the United Kingdom. The four year qualifying period was increased to five years on 3 April 2006.
2.
The HSMP Forum Ltd brought a Judicial Review on the grounds that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years should be eligible to apply for settlement (ILR) after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgment can be found at the following web address: http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html
3.
The purpose of this policy is to give effect to the High Court’s judgment and enable affected migrants to apply after four years continuous residence in the United Kingdom in a qualifying category. Under this policy, migrant’s will not have to demonstrate a knowledge of language and life in the United Kingdom in order to obtain ILR.
4.
The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.


Guys Dont you think the above bold lines help us in anyway.

i dont think it helps. You forget that HSMP applicants were given in writing that they are eligible for ILR after 4 years and the biggest reason the home office lost this was this particular commitment they made to HSMP applicants.

For Tier 1/ Tier 2/ WP holder no such commitments was made.

Why do you think that only HSMP holder were excempt from rule change from 4 to 5 years. Why did similar case by WP holders was ruled in favor of home office?

wp holders were also given in writing that they can apply after 4 years and then the rules were changed retrospectively. hsmp holders had an addditional promise, that future rule changes would not effect them thats why they won. wp holder didnt have that promise.

So can the HSMP applicants take these lines (As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time) as a promise that the future rules changes (not just number of years but also the salary,criminal, etc...)would not affect their ILR.

[surajban]

HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW: POLICY DOCUMENT

Introduction
1.
Prior to 3 April 2006 the continuous residence requirement for ILR under the Highly Skilled Migrant Programme (HSMP) was that migrants should show that they had spent four years continuous residence in the United Kingdom. The four year qualifying period was increased to five years on 3 April 2006.
2.
The HSMP Forum Ltd brought a Judicial Review on the grounds that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years should be eligible to apply for settlement (ILR) after four years on the scheme. The judge found in favour of the HSMP Forum on this point. A copy of the judgment can be found at the following web address: http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html
3.
The purpose of this policy is to give effect to the High Court’s judgment and enable affected migrants to apply after four years continuous residence in the United Kingdom in a qualifying category. Under this policy, migrant’s will not have to demonstrate a knowledge of language and life in the United Kingdom in order to obtain ILR.
4.
The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.


Guys Dont you think the above bold lines help us in anyway.

i dont think it helps. You forget that HSMP applicants were given in writing that they are eligible for ILR after 4 years and the biggest reason the home office lost this was this particular commitment they made to HSMP applicants.

For Tier 1/ Tier 2/ WP holder no such commitments was made.

Why do you think that only HSMP holder were excempt from rule change from 4 to 5 years. Why did similar case by WP holders was ruled in favor of home office?

wp holders were also given in writing that they can apply after 4 years and then the rules were changed retrospectively. hsmp holders had an addditional promise, that future rule changes would not effect them thats why they won. wp holder didnt have that promise.

So can the HSMP applicants take these lines (As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time) as a promise that the future rules changes (not just number of years but also the salary,criminal, etc...)would not affect their ILR.

I think you got the point - It clearly mentioned that ILR rules that were in place at that time and at that time there were no such requirements.

[surajban]

i dont think it helps. You forget that HSMP applicants were given in writing that they are eligible for ILR after 4 years and the biggest reason the home office lost this was this particular commitment they made to HSMP applicants.

For Tier 1/ Tier 2/ WP holder no such commitments was made.

Why do you think that only HSMP holder were excempt from rule change from 4 to 5 years. Why did similar case by WP holders was ruled in favor of home office?

wp holders were also given in writing that they can apply after 4 years and then the rules were changed retrospectively. hsmp holders had an addditional promise, that future rule changes would not effect them thats why they won. wp holder didnt have that promise.

So can the HSMP applicants take these lines (As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time) as a promise that the future rules changes (not just number of years but also the salary,criminal, etc...)would not affect their ILR.

I think you got the point - It clearly mentioned that ILR rules that were in place at that time and at that time there were no such requirements.

Just want to know did the Hone Office mentioned anything like (ILR rules that were in place at that time) for the HSMP apllicants after NOV 2006.

[smaganti]

Dewales,,

Did you meet your MP today please let us know the outcome of your meeting with MP



[quote="dewales001"][quote="York123"]Hi All,
It is very difficult to challenge this case if the rules are once implemented , we need to act immediately on this. I tried to contact the MP from my constituency , I managed to get personal appointment on 11th of March. But it is not sufficient if one person meets one MP . One can meet only MP from their constituency if you people try to reach your local MP before mid of March & explain that it is very unfair to change to rules all of a sudden & for people who are already in the country it will help a lot. Even I spoke to solicitor , he said it will be helpful if we can tell about it to Local MP’s.
If you people could not get the appointment to meet the MP atleast send an email to his id, they will atleast check it, if we can convience as many MP as possible then they may vote in favor to us & the bill may not be passed.
Please find out your local MP from your contituency from below link:
http://findyourmp.parliament.uk/
Please try to send the email ASAP.
And also the solicitor suggested if we can sign a petetion & submit to one MP from Labour party he may present it when the bill is passed in the parliament.
Also try to mention the Damain Green words in your email:
“The Government's previous decision to change the rules so that highly skilled migrants who are already here and who want to stay are now disqualified from doing so is both unfair and wrong-headed. It is unfair because those people have made a commitment to this country but are having that flung back in their faces, and it is wrong-headed because it sends a signal to highly skilled people around the world that Britain is an unreliable place.â€

[sojan]

Guys,

any advice in writing Life in UK test before April 2011? though my ILR is in next year.

Will there be any significant changes to this change after april 2011? like can write only once etc..

[rkrohela]

Hi All,

It is a great idea to raise our voice with our area MP's about this, the more we do that, the more will be the strength in our argument against a retrospective change in settlement rules.

All of us may use the following template with any changes as necessary, I have written to my area MP with this.

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

Dear <MP>,

I am writing to you to express my anxiety and concern at the proposals for changing the settlement rules for Indefinite Leave to Remain for existing Tier 1 Highly Skilled Migrant Visa holders who apply for it after April 2011. This excerpt from the Statement of Intent which has been published on the UKBA website is quite alarming:

"We will consult later in the year on further settlement reforms. However, those making applications for leave to enter or who are already in the UK and apply to switch into an alternative route on or after 6 April 2011 should be aware that the opportunity to apply for settlement and the requirements for applicants may change. Applicants will need to meet the rules in place at the time of their application for settlement."



As you may already be aware, Tier 1 Visa applicants are highly skilled professionals and have made immense contributions to the UK economy. Many of us have made UK our permanent home, already taken homes on mortgages and paying regular taxes, and abiding by the laws. We have created a future, uprooting our established careers in our home countries, choosing a life here in the UK for 3-4 years and changing the goalposts for settlement midway is the most unfair thing that could ever be done. We pay taxes, NI etc and do not put any burden on the State in terms of Benefit eligibility.

Please let me draw your attention to this statement from Damian Green:

“The Government's previous decision to change the rules so that highly skilled migrants who are already here and who want to stay are now disqualified from doing so is both unfair and wrong-headed. It is unfair because those people have made a commitment to this country but are having that flung back in their faces, and it is wrong-headed because it sends a signal to highly skilled people around the world that Britain is an unreliable place.â€

[BSK]

Well Written. I forwarded your message to my MP with few corrections. Thanks. BSK

[_Igor]

I've sent email to my MP as well.

[abbi123]

well done
i have fwded to my MP
my MP is conservative.... i will upload his responce

[smaganti]

Emailed my MP and told my friends to do the same

[Son_of_Soil]

i have done the same, sent it to my MP today.

[salina02]

I think we have to wait until the rules announced, as its been said these are just proposals, this may or may not start from Apr 2011 but might get start by july 2011.

[Son_of_Soil]

I think we have to wait until the rules announced, as its been said these are just proposals, this may or may not start from Apr 2011 but might get start by july 2011.

even if rules start from july, it still will not help many like who are due in Nov

[Ksenia]

rkrohela, thanks a lot for the template. i've sent today 1 email to my MP and 1 to Damien Green

[tall_funky]

Guy's I think just writing to your local MP might not stop this Unfair treatment meted out to us by UKBA.

They are treating everyone(Tier1, Tier2 and Tier4) with contempt i.e making retrospective changes and expecting us to behave like a dumbo zombie's and accept whatever they throw at us.
(Just look at the fee increase. Is it fair??)

We need to form a group/organisation and defend our fair right.
It is possible, all we need is group effort and will-power to take it to the end.

What you guy's say??

[_Igor]

Do you mean legal action ?

[blay1]

So what is the job for the above organization?I think they were formed to stand in for the immigrants.

[tall_funky]

Do you mean legal action ?

Yes, legal action and more!!