HSMP, 1+3+1 EXTENSIONS

[ATBPLC]

I agree with you.

[ATBPLC]

HOME SECRETARY RESPONSES TO QUESTIONS IN PARLIAMENT

Nicholas Clegg (Sheffield, Hallam, Liberal Democrat) | Hansard source
To ask the Secretary of State for the Home Department whether those who applied to the highly skilled migrant programme prior to September 2006 were warned of the potential for retrospectively-applied changes to the scheme.
John Reid (Home Secretary) | Hansard source
The recent changes to the highly skilled migrant programme have no effect on existing grants of leave. We are therefore not applying them retrospectively. A grant of leave in a category of the immigration rules does not create the expectation of a further grant of leave in that category.
Nicholas Clegg (Sheffield, Hallam, Liberal Democrat) | Hansard source
To ask the Secretary of State for the Home Department what assessment the Government has made of the effect of changes to the highly skilled migrant programme on previously successful applicants.
John Reid (Home Secretary) | Hansard source
All persons who were granted leave under the highly skilled migrant programme (HSMP) before the changes were implemented will be abl to complete that period of leave. Nicholas Clegg (Sheffield, Hallam, Liberal Democrat) | Hansard source
To ask the Secretary of State for the Home Department what assessment he has made of the effect of age discrimination legislation on the use of an age-related points system in the highly skilled migrant programme.
John Reid (Home Secretary) | Hansard source
Age discrimination legislation is aimed at preventing employers from carrying out practices which discriminate on the basis of age. The immigration rules do not therefore fall directly within its scope as they govern the entry into and stay of people in the UK who are subject to immigration control. The points for age were introduced to avoid disadvantaging younger people who may have had less time to build up their earnings from being able to enter under the scheme.

[topoftheworld]

ATBPLC,

Thanks for the update. Where did you get this information from?

I was just trying to make sense of what The Home Secretary is saying. From the first 2 Q&As, sounds like the new rules will not applied retrospectively. Does that mean "1+3" catergory does not need to apply for another 1 year extension to make it 5 year?

I am still bit confused.

[ybyuan2001]

It seems that those people won't have problems to get the extension.But i am not sure yet.Can someone explain that,please?

[kolabalo]

This reponse is a contradiction to the guideline on FLR:(HSMP) Guidance. it clearly stipulates that the new guideline will be applied to all applications received after December 4 and those who do not qualify would have to seek work permit. Does anybody know someone on the old scheme who sought extension after December 4 and extension was granted based on the old guideline?. We need clear clarification because my one year visa will soon be due for extension.

[talk2santosh]

I had written following email to HO. But reading at the threads replied to this topic, the answers posted concludes that we have to apply extension under new rules. Having said that and judicial review in progress, we have to atleast write to HO clarifying our status. May be their front office will send feedback to relevant people about our doubts about HSMP extension for 1 + 3 + extension.

Now I feel that HSMP is just like another work permit instead of migrant visa like the case in Australia or Canada. Just like everyone feels now that we had been lured with carrots and then left us at mercy of change in rules to suit their needs. WP applicants are better off since they know they do not have to invest their time building in this country but would go back anytime.

Anyway, to keep the pressure on HO, I had written following email:

"I had been granted HSMP approval in year 2004 and then I was granted extension for 3 years in year 2005 ( 1 + 3 years). However I would be falling short of 1 year to qualify for ILR since the immigration rules were changed in April 2006.

On reading the FAQ pt. 18, your answer is http://www.workingintheuk.gov.uk/workin ... p_faq.html ?

"The Immigration Rules allow an extension of stay as a Highly Skilled Migrant to be granted for a period 'not exceeding three years'. However, in light of the changes to the Immigration Rules which came into effect on 3 April 2006, which increased the qualifying period for settlement from four to five years, you may be granted a four year extension."

So I believe Home Office had granted extension to the HSMP holders whose extension were due between April 2006 to November 2006 to 4 years so that they qualify for settlement.

The original and current HSMP rules is designed so that HSMP holders will qualify for residency after only one extension.

Just like you had considered earlier HSMP holders first extension whose qualification for ILR were affected by the change in immigration rules, will Home Office consider transitional rules for disadvantaged people like us whose qualification for ILR is affected by change in Immigration Rules.

Otherwise we are left with no choice but to apply for extension again ( 1 year + 3 years extension + 3 years extension) under new rules."

Those who would feel that they would not be able to make up magic 75, should comment that current rules will not allow UK to be made habitual residence which is the whole idea of HSMP. The point system may be similar to those of Australia or Canada but HSMP is not same as Australian/Canadian counterparts since they grant PR when successful.

And if you go into WP.... you can never make UK a permanent home. You had applied in HSMP to make UK your permanent home !!!

[Rog]

After the judicial verdict against Doctors, the message is very clear, even skilled doctors, if they are not Europeans are not wanted then there is little hope for HSMP holders. It is true that some persons may have abused the provisions of HSMP and are filling shelves in supermarkets after obtaining HSMP based on fake documents but it is not right to penalise everyone for these people's sake.

Prospective immigrants to UK should think a thousand times before coming here as the Home Office can change any law at any time and retract any written letter, it would be better to consider alternate options like Canada or Australia which give you PR the day you enter. Over the years more countries like Moldova, Ukraine or Turkey may be joining EU and their citizens freely entering UK so they will try to weed out non Europeans more aggressively. In the long run it will definitely hurt UK if skilled persons turn their back on them but it will be too late to make any difference to our fate.

[ATBPLC]

Rog I agree with you. This verdict brings out the contradiction in the HO's argument that high earnings will portray people as highly skilled. Our point that the system discriminates against HSMP same reason why we are not able to earn big has been corroborated by this verdit because if doctors who are also HSMP are not able to secure work, how can they earn £35,000.
It is more difficult now that employers are now aware that even with HSMP your stay in UK is not guaranteed. Getting work will now be harder for everybody. So those JUST COMING IN ON hsmp SHOULD THINK AGAIN, BECAUSE FROM THE LOOK OF THINGS , IT IS EASIER coming in than been able to get extension therafter.

We pray that we succeed with our case.

[rella]

Hey guys,

What happens to your HSMP visa if you leave the country and work in another European country? If you get a WP in another country, is your HSMP visa canceled? Or could you come back after a year or two and stay in the UK for the remainder of the visa duration?

[mahin1110]

You see Home Secretary used tricky words to answer the questions. He only mentioned HSMP -holders can complete their previous leave to remain and previous approval does not necessarily mean that they would get extension. He tried to explain that if HO decides to cancel someone's existing leave under new rules that will be retrospective effect only.
----------------------

HOME SECRETARY RESPONSES TO QUESTIONS IN PARLIAMENT

Nicholas Clegg (Sheffield, Hallam, Liberal Democrat) | Hansard source
To ask the Secretary of State for the Home Department whether those who applied to the highly skilled migrant programme prior to September 2006 were warned of the potential for retrospectively-applied changes to the scheme.
John Reid (Home Secretary) | Hansard source
The recent changes to the highly skilled migrant programme have no effect on existing grants of leave. We are therefore not applying them retrospectively. A grant of leave in a category of the immigration rules does not create the expectation of a further grant of leave in that category.
Nicholas Clegg (Sheffield, Hallam, Liberal Democrat) | Hansard source
To ask the Secretary of State for the Home Department what assessment the Government has made of the effect of changes to the highly skilled migrant programme on previously successful applicants.
John Reid (Home Secretary) | Hansard source
All persons who were granted leave under the highly skilled migrant programme (HSMP) before the changes were implemented will be abl to complete that period of leave. Nicholas Clegg (Sheffield, Hallam, Liberal Democrat) | Hansard source
To ask the Secretary of State for the Home Department what assessment he has made of the effect of age discrimination legislation on the use of an age-related points system in the highly skilled migrant programme.
John Reid (Home Secretary) | Hansard source
Age discrimination legislation is aimed at preventing employers from carrying out practices which discriminate on the basis of age. The immigration rules do not therefore fall directly within its scope as they govern the entry into and stay of people in the UK who are subject to immigration control. The points for age were introduced to avoid disadvantaging younger people who may have had less time to build up their earnings from being able to enter under the scheme.

[ybyuan2001]

so,it seems there is no way to turn things back.

[ybyuan2001]

another thing is do we have to take the IELTS for the extension purpose?

[dan DAN]

[ATBPLC]

God on our side, we shall win. We have a good case for LEGITIMATE EXPECTATION.

See what the law says

In general terms, it is desirable for public authorities to do what they have declared they will do. That assists citizens to plan their affairs and fosters trust and confidence in the administrative authorities. It can generally be said to be a feature of good administration that public bodies “deal straightforwardly and consistently with the public” (see Abdi and Nadarajah v Secretary of State for the Home Department [2005] EWCA Civ 1363, per Laws LJ at [68], where he describes it as a “requirement”)
IN R. v. North and East Devon HA ex p. Coughlan the Court of Appeal significantly clarified the doctrine of substantive legitimate expectations. The facts of the case are familiar. The applicant had been very severely disabled in a road traffic accident in 1971 and was subsequently placed in the care of a local area health authority. In 1993 she and seven other seriously disabled patients were moved by the health authority with their consent to a new facility at Mardon House after receiving an assurance that they could live there “for as long as they chose”. Following a public consultation in 1998, the health authority decided to close Mardon House and transfer the applicant to a local authority home.

[ybyuan2001]

finger crossed!!!

[ATBPLC]

We will keep on praying for justice.

[ybyuan2001]

http://www.hsmpforum.com/

Hello guys,
maybe this is a good news.Just take a look above link.

[olisun]

http://www.hsmpforum.com/

Hello guys,
maybe this is a good news.Just take a look above link.

u mean the existense of the forum or any particular news on the forum?

[ybyuan2001]

Hi Olisun
I meant the update news on the top of the screen.The High Court just took this case.

[ybyuan2001]

How come I couldn't find result of that?

[JATIN]

any news?

[Rog]

The news of the court overturning the deportation notice given by Home Office to an HSMP holder granting his legitimate expectation is indeed good news. I am happy for the HSMP Visa Holder and his family who would have faced stressful times earlier.

As in his case he was in the first FLR stage, this makes the case for those at 1+3 level even stronger for legitimate expectation. Especially those who got a signed letter from Home Office with the 3 year extension, stating that they would be eligible for ILR after the 1+3 period. This letter would be a very important basis of legal challenge to the Home Office. One just has to be prepared for shelling out hard earned ££s for a legal battle. We should also contribute to the HSMP forum who are doing a great work in filing the JR which will ultimately benefit all HSMP holders.

[aj77]

Till now we have got 2 decisions in our favour challenging new HSMP changes.

First one's applicant's name is George Joseph.Details can be found over here
http://timesofindia.indiatimes.com/Worl ... 043860.cms

http://www.hsmpforum.com/forum/showthread.php?t=291

Second name is GJ.Details are
http://www.gherson.com/node/561

Since the decisions are being done on the basis of Legitimate Expectations and Article 8 of Europeon Convention on Human Rights (ECHR).

At the time of his entry in Britain, Joseph said 'guidance notes' given to him created 'legitimate expectation' that his stay in Britain would be extended provided he met the criteria that was in force before the changes were announced

The promises in the 'guidance notes' read out by Joseph in the tribunal court said: "That you are willing and able to make the United Kingdom your main home. We will ask you to provide a written undertaking to that effect."

"24.10 Q: I have already applied successfully under HSMP. How does the revised HSMP affect me?

"A: Not at all. It is important to note that once you have entered under the programme you are in a category that has an avenue to settlement. Those who have already entered under HSMP will be allowed to stay and apply for settlement after four years qualifying residence regardless of these revisions to HSMP".

"26.6 Q: What will I need to do to qualify to stay after the first 12 months?

A: You will need to show that you are lawfully economically active or, if you are not, that you have taken all reasonable steps to become lawfully economically active.".

Judge Digney of the tribunal court ruled: "This case is in fact stronger than any 'legitimate expectation' cases as here the appellant changed his position to his detriment as a result of what he was told.

"There is no overriding public interest that demands here the treatment to which the appellant was subjected...I conclude that the decision of the respondent is therefore not in accordance with the law".

These decisions clearly means that whatever was being promised to us in the old HSMP document,should be honoured and it was promised to us in the old HSMP Policy that we can apply for ILR after completion of 4 years.

I think if HO didn't challenge the ruling we can apply for ILR after completion of 4 years as court gave decision in our favour too in the above 2 cases.

[olisun]

GJ = George Joseph

[ybyuan2001]

That is a good news.Hope all the HSMP holder under 1+3 will get it.