5 years for ILR rule implemented

[miffedyankee]

I was just speaking to a friend who works in an immigration consultancy. The y have received a letter from the Immigration Advisory Service inviting them (and friends and colleagues) to the conference to be held at Regent's College in London on 24 July 2006. Full details on www.iasuk.org.

Liam Byrne is supposed to be the keynote speaker.

I was wondering if the VBSI and CL's team are attending or preparing a campaign for this conference

[miffedyankee]

Full details of the IAS London Conference:

IAS London Conference – The government’s immigration policy: Will it end in tiers?
Monday 24th July 2006

Keynote speaker: Mr Liam Byrne MP, the Minister of State for Immigration, Citizenship and Nationality.

Venue: Regent's College, Inner Circle, Regent's Park, London NW1 4NS, just 10 minutes' walk from Bakerloo mainline and tube stations.

The government’s five year strategy presented the most radical changes to immigration rules since the Immigration Act of 1971. It is the latest in a long and continuing line of changes in legislation. This conference sets out to examine the proposals and to establish whether this legislation will prove to be more durable than the previous Acts. It will also focus specifically on the New Asylum Model, the points-based system and alternative actions for those wishing to appeal though expert speakers and workshops. It promises to be a fascinating day.

Highlights include Liam Byrne MP’s keynote speech, plus speakers including Matthew Coats (Senior Director: Asylum, IND, Home Office) and Mick Chatwin (Barrister, Renaissance Chambers)*.
The Bar Council of England and Wales and the Law Society (England and Wales) will give 5½ CPD points for the day.

Book today!

The one-day conference costs just £189 (standard fee) or £99 (concessionary fee – for employees of charities and social enterprises, and for full-time students and non-wage earners). Please click here for the programme which includes a booking form and (for solicitors and barristers) details of the 5.5 CPD points available from the Law Society and Bar Council, or here for the booking form alone.

*Programme may be subject to change

[a11]

Miffedyankee, thanks for the info! It's definetely a good idea to organise something and also to send people to this conference.

The problem with VBSI is that not so many people were actually actively involved with it and there's only so much each of us can contribute to the campaign, given that we're all doing it on a part-time basis. For example, for about a month and a half I was dedicating up to 50% of my time to the campaign, but now I simply cannot afford it anymore, given that I have to finish my PhD in three months.

So I think it would be best if you guys could join VBSI and help us continue our efforts. What we can contribute is a number of useful connections, plus online tools, plus hardship cases and contacts of affected people, plus some experience. But what we cannot do is continue fighting for a year more at the same speed as we did for a month. So I think that 'a rotation of cadre' would be the best solution.

[olisun]

Chaps,

We need to identify the key people/Solicitors that have the experience of dealing with the HO and taking them to court on the basis of this rule change.

Hope you got enough spare money and time...

all the best

[likewise]

Another important thing, should some organizations, such as VBSI or CL,ask the HO to officially confirm there will be no further changes to the qualifying standards for current WP/HSMPs within the next couple of years?
If the HO refuses to clarify that, i can't see why the legal immigrants should stay here and contribute anymore.

[aj77]

why the legal immigrants should stay here anymore.

HO's policies also reflects the same point of view,when they say desirable policy can not be implemented without doing all this.Disturbing the careers of Doctors and skilled people overnight is indicating what they mean by desireable policy

[raina]

Check out ths URL. http://www.hindustantimes.com/news/181_ ... 050003.htm


It seems the doctors are winnng in court and the rules will be changed for them.

[jayj]

What about us engineers and lawyers ? We need to do something now else life is getting very tough and having to wait another year in one employment just aint the thing we need or wait another year for ILR. This is exploitation and inconsideration to the extreme. Hope this will change , if they can change it for Doctors they shoudl change it for us, we have and we are providing a service here.Moving the goal posts like they did is foulplay and need to be rectified.
So when are we meeting or organising a meeting to sort this out?

[BadPaul]

I've lost any hope we will ever do anything on this collectively, as a group.

While we sat here and filled in 86 pages with our opinions the doctors took HO to court and it looks like the HO is changing the rules for them.

If we can't learn anything from this, then we deserve the current unfair rules and we should stop moaning about it.

I personally contacted an immigration firm to seek advice on taking HO to court.

Good luck to all of you with the lobbying, I am done with it.

BR,

BadPaul

[olisun]

I personally contacted an immigration firm to seek advice on taking HO to court.

And what did the firm say?

[sowhat]

I asked for advice some time ago. It was not very optimistic. The case will take a lot of time and money while the results are very uncertain. Though it was while ago, so maybe something is changed now...

[BadPaul]

I am waiting for their written response including a time and money estimate. They seem to think there is a fair chance to win this.

When I will receive their detailed answer I will post it here, it should be before the end of the week.

May I ask why you are interested?

This group seem to believe it is an impossible / expensive/ time consuming action and not many of you are willing to follow the same pattern, hence the reason I am doing this on my own.

BR,

BadPaul

[rooi_ding]

Hi all

I have tried to stay out of the fray in expectation that one of the other fonder members of the VBSI would shed light on what is going on with VBSI.

It would appear that the VBSI has run out of steam this is mainly due to the fact that through various correspondence with the house of Lords it was discovered that the only people that can actually change this law is the government itself. It can not be changed by a vote in the house of commons (I am guessing that this took the wind out of most peoples sails)

The only way that there is a possibility that the rule can be reversed is in court. I personal know some one at Lunar house who made some discrete inquires and confirmed that the HO will not be budging in this one

One of the last correspondences I received from other members of the VBSI was a lawyer who contacted us who had already gathered some fellow WP holder’s together and started proceedings for a judicial review of the law

I will try dig out the emails that were forwarded onto me and post them on this site. Once I have the information then it would possible be a good idea to contact the lawyer concerned and give him your backing

From what I remember from the emails is that he only obtained his ILR last year and is quite sympathetic to our current situation

Hopefully I will have more information to post later.

[jayj]

I agree with Badpaul , no one seems to reply about arranging this meeting and contribute the funds and take HO to court. We have a great chance of winning. Badpaul I await your posts from law firm and we then see who is interested in providing funds, gather them and head to court.
This topic should now be discussed on funding issue and court actions , no moaning...procative approach

[Eugene_UK]

I completely agree with Bad Paul about what he says. We have lost our time through believing that some dodgy Chinese firm will change HO` s decision through lobbying. Truly, we are in Kinder garden! It has never ever happened in the past when law firm changed the rules. Law firms are service providers, and needless to say that government, banks and big corporations behave with them like with servants. Christine Lee has got some PR, in fact it was good and FREE PR – campaign to promote her services which are not free of course, but as I have written before here, do not expect from law firm to change the rules, they are here to play by the rules, but not to change them.
It looks like two things could have worked well before taking HO to the Court: press and demonstration. But again, thanks to CL “lobbying” we have lost important time when a lot of people were upset, when everybody wanted to go out and yell “NO” to unfair changes. We have fallen asleep thinking that somebody else will do it for us.
I agree with Paul that the only hope is Legal action – please let us know how much money do we need to collect through VBSI, they are trusted people.
Now everybody can go and collect some money – some of us will give £10, some will give £100+ but we will find the funds as it is much easier for many of us to give money rather to go and demonstrate.
I know, my post is controversial, but I feel now is the time to ACT as mature professionals. We should stop playing with hopes and illusions.

[Miami]

Does anyone know which law firm is dealing with the doctor's court case? They already have the experience of dealing with the HO, so I think we should contact them.

Miami

[hvac2006]

I've lost any hope we will ever do anything on this collectively, as a group.

While we sat here and filled in 86 pages with our opinions the doctors took HO to court and it looks like the HO is changing the rules for them.

If we can't learn anything from this, then we deserve the current unfair rules and we should stop moaning about it.

I personally contacted an immigration firm to seek advice on taking HO to court.

Good luck to all of you with the lobbying, I am done with it.

BR,

BadPaul

I also totally agree with Bad Paul, As i allready confirmed for £100 for me and same for my friend. But now due to situation, me and my friend are willing to contribute the amount which will be decided by the selected peoples who are willing to contribute without reasoning and further waste of time after getting approximate initial cost for the court case, i will arrange and also will try to arrange additional amount from other effected peoples. This must be done ASP.

[jayj]

Who do we hand the money to ? It's also imperative that we get the legal firm dealing with the HO for the doctors or a firm.
I've got two others and I so far who are willing to contribute to this. I will continue to search for more people.

[timefactor]

it's frustration time

let us see whether any increase in contribution list (papafaith's sticky thread) otherwise it's a waste of time and embarrassment

[rooi_ding]

This was the email VBSI received in early June. My opinion is that he is not some “dodgy Chinese lawyer” (Eugene_UK If I were you I would refrain from making dearly beloved comments like that again and people should work together and not turn on each other). Instead of reinventing the wheel people could contact him to give support.

As a fonder member of VBSI I would suggest that anyone who wishes to take over the reins that they contact the VBSI as it is an excellent base to work from. The VBSI was never meant to be exclusive and belongs to everyone who is in this situation.

There is still on going work being done by the CL and her team in terms of attracting sympathetic public support. This is still important however as I said before that this will only be changed in court

Dear
Sirs,

First of all, I
congratulate you for your success in holding the demonstration on the 16th June
2006.

Perhaps I should
introduce myself first.

I am a
practising solicitor and a partner of Harvey Son & Filby Solicitors. I
myself migrated to the UK in September 1997 and was given ILR by the Home Office
following completion of four years work permit employment, last year. Therefore,
I can fully appreciate the feeling of those immigrants who have been working so
hard in the UK in the past years and have contributed significantly to the UK
tax pool. And the hurt inflicted upon them by the UK Government by imposing on
them the retrospective application of the new residence
rules.

For this course and
following numerous enquiries from the affected persons, I have voluntarily taken
the matter to the High Court for a Judicial Review of the new rules. This is a
class legal action instituted on behalf of a group of affected perons,
issued in early June 2006. And the Treasury Solicitor's Department acting
on behalf of the Home Office, has been served with a copy of the Claim. The TS
Department should now be taking instructions from their client (i.e. the Home
Office) if the latter intend to defend or review of the new rules. We
expect to hear from them within two to six weeks. Provided the Home Office
intend to defend, then the Judicial Review application would be decided by a
Judge by way of granting or refusing to grant permission to apply for Judicial
Review. Grant of permission to apply for a Judicial Review would be an indicator
that this is an arguable case with merits to proceed to a Full
Hearing.

I will keep you
informed of new development in the above matter, in due
course.

Thank
you.

Best
Wishes,


Stephen
Kong

[miffedyankee]

That was helpful rooi-ding !

The problem with funding the legal action is that even though lots of affected people are willing to contribute, they do not know whom/where to contribute to ! The BAPIO is a well established organisation with lots of members and members do not hesitate to pay up.

I agree with Bad Paul that after 86 pages(now...87) of opinions, lobbying and demonstrations, we have not been able to budge the HO. I think if VBSI takes a lead in registering itself as an organisation of some kind and then opens a bank account/paypal account, the funds will come in instead of just promises!

I would also suggest that we set up a meeting with the lawyer named by Rooi_ding and work out a combined approach. Will the founder members of VBSI take the initiative to arrange this meeting?

It would also be a good idea for the VBSI to hold a meeting every fortnight so that members can voice their feelings instead of just visiting a faceless forum.

[garichd]

This was the email VBSI received in early June. My opinion is that he is not some “dodgy Chinese lawyer” (Eugene_UK If I were you I would refrain from making dearly beloved comments like that again and people should work together and not turn on each other). Instead of reinventing the wheel people could contact him to give support.

As a fonder member of VBSI I would suggest that anyone who wishes to take over the reins that they contact the VBSI as it is an excellent base to work from. The VBSI was never meant to be exclusive and belongs to everyone who is in this situation.

There is still on going work being done by the CL and her team in terms of attracting sympathetic public support. This is still important however as I said before that this will only be changed in court

Dear
Sirs,

First of all, I
congratulate you for your success in holding the demonstration on the 16th June
2006.

Perhaps I should
introduce myself first.

I am a
practising solicitor and a partner of Harvey Son & Filby Solicitors. I
myself migrated to the UK in September 1997 and was given ILR by the Home Office
following completion of four years work permit employment, last year. Therefore,
I can fully appreciate the feeling of those immigrants who have been working so
hard in the UK in the past years and have contributed significantly to the UK
tax pool. And the hurt inflicted upon them by the UK Government by imposing on
them the retrospective application of the new residence
rules.

For this course and
following numerous enquiries from the affected persons, I have voluntarily taken
the matter to the High Court for a Judicial Review of the new rules. This is a
class legal action instituted on behalf of a group of affected perons,
issued in early June 2006. And the Treasury Solicitor's Department acting
on behalf of the Home Office, has been served with a copy of the Claim. The TS
Department should now be taking instructions from their client (i.e. the Home
Office) if the latter intend to defend or review of the new rules. We
expect to hear from them within two to six weeks. Provided the Home Office
intend to defend, then the Judicial Review application would be decided by a
Judge by way of granting or refusing to grant permission to apply for Judicial
Review. Grant of permission to apply for a Judicial Review would be an indicator
that this is an arguable case with merits to proceed to a Full
Hearing.

I will keep you
informed of new development in the above matter, in due
course.

Thank
you.

Best
Wishes,


Stephen
Kong

This is there address.

Harvey Son & Filby
231 foxhall Road, Ipswich
Telephone: 01473 712962

Also I am in favour of court case..
will contribute.

[rooi_ding]

The VBSI used hold regular meetings using MSN they were quite orderly and were quite affective. of the 8 or so of us I only met 3 other people in person so the you can see MSN was quite affective as VBSI was establish in about 2 weeks.

I know for myself that I do not have the energy anymore to fight (due to work and athletics) however I am sure that some of the original VBSI members would like some new blood to strengthen the ranks. We would be happy to pass on any knowledge that we may have obtained.

We were moving towards becoming some sort of non profit org so that a bank account could be set up, and there is research that can be taken further in this department.

[first2last4]

Not sure how productive VBSI has been, but looks like we are ending up helping establish VBSI instead of helping ourself.

Sorry for that statement but never heard any real productive approach from them yet. Apprently after 87 pages... it has come out that only way to go is court action which is again not happening at good pace....

[rooi_ding]

The VBSI was a steep learning curve, it provided a link between many other organizations and different community’s who are affected. It also allowed people to have a specific voice. It forms a platform to launch any number of approaches to the 4 to 5 rule change.

The whole of Mr. Clegg's (liberal Democrat shadow home secretary) arguments and points all his facts and figures were collected buy the VBSI. I do believe this forum found that his arguments used in confronting the government were far superior to the very ill prepared government’s arguments.

I do believe that any lawyer arguing the case in court would love to have such an organization take allot of the leg work and gather information for him or her.

Another thing that was discussed when establishing the VBSI was its future. There is a similar organization in the states called the VSI which is far more affective and more organized and well funded. I think the idea is to create the VBSI in a similar fashion to fight this fight and the many more that will follow.

After the demonstration I there was an anti-climax and a lot of the original members felt quite depleted (there is one expecting father and two pregnant ladies amongst its core and the energy they require might now have to be focused on there new offspring) , there needs to be more people involved in it in order to sustain itself now and in the future when we need to be protected again from short sighted rule changes.

The VBSI can be thought of as the sharp end of the spear. It will suffer many casualties along the way but it needs new people all the time to carry the flag and to bring new ideas and energy to make it more productive. (For the court phase)