5 years for ILR rule implemented

jjustyy · Post by **jjustyy** » Thu Sep 28, 2006 2:27 pm

nonothing wrote: i'm seriously considering leaving this country after i've got its passport.

That's the spirit. Wait until you get "its" passport. Surely, you would be getting your new country's passport?

hvac2006 · Post by **hvac2006** » Thu Sep 28, 2006 2:55 pm

WP_Holder_05_2002 wrote:I am interested to apply for a job recently advertised but the essential requirements for this is role is

You must be a British Citizen, a national of a state within the EEA or Commonwealth Citizen with no restrictions on employment or time limit on your permitted stay in the UK. In addition, you should normally have lived here continuously for the last 3 years.

My ILR was due in May 06, but due to this retrospective change, I can't progress with my career...

Question: Please guess who advertised this vacancy???
Answer: The HOME OFFICE ..

http://jobs.accountancyagejobs.com/texi ... w=1&page=3

This is good material for legal battle, as Home office always saying that it will not make any difference if they spend 5 years instead of four, nobody prohibit them from working. this material be saved, we may need as evedence of hardship.

nonothing · Post by **nonothing** » Thu Sep 28, 2006 3:59 pm

Dawie wrote:
olisun wrote:
nonothing wrote: honestly, after all that happened, i'm seriously considering leaving this country after i've got its passport. because not only the unfair changes but also the whole atmosphere among the public just ain't right.
If that is the case then why take the trouble of going for the passport???
I'm guessing because nothing beats being able to wave that magic little red booklet almost anywhere in the world and being able to get in visa-free.

that's absolutely right. let's face it. british passport still has its advantage. although i'm upset by the country's policy and the public's attitude, i'm not against the passport. people might think that's speculative. i wouldn't mind people throw tomato on me.

WP_Holder_05_2002 · Post by **WP_Holder_05_2002** » Fri Sep 29, 2006 11:13 am

This retrospective change was announced, it was said that UK want to makes it policies like rest of the EU. Now Italy has announced that all immigrants who are staying in Italy for 5 years can apply for citizenship..

Now would UK follow this.. citizenship after 5 years???

The full contest is available at following link..
http://www.workpermit.com/news/2006_08_ ... mnesty.htm

tt · Post by tt » Fri Sep 29, 2006 11:52 am

Yes, WPHolder.

When the UK auths said they wished to align themselves with the rest of the EU, they initially were talking about the need of 5 Years in order to get your Permanent Residency (ILR). (bringing it up from 4 years).

Which they've now done.

But, what about the Citizenship issue? This is where there is a mistake/deception/problem, however you wish to see it.

There is no consistent policy as to how you get Citizenship of a particular EU country - in Germany it can be 8 years, in Italy and France 5 years, and so on.

There is no reason why the UK auths couldn't have left the ability to attain UK Citizenship at 5 years.

To now make it 6 years (bringing it up from 5 years) has nothing to do with trying to be consistent with the EU. It seems to have been a separate decision slipped in under the changes to the Permanent Residence provisions.

No doubt the argument would be, well, there's always been the requirement for an extra year after ILR to get the Citizenship.

But that admits the bringing up of UK Citizenship to 6 years (from 5) was a domestic UK policy decision totally unrelated to the EU.

BadPaul · Post by **BadPaul** » Mon Oct 02, 2006 10:07 am

Dear all,

I contacted Stephen Kong on behalf of VBSI and got the following JR update:

The Home Office has decided to defend Harvey Son & Filby Solicitors claim for judicial review of the new employment-related settlement rules. received their Summary Grounds (i.e. particulars of defence) on 6 September.

Harvey Son & Filby Solicitors is now awaiting the Court's decision on the application for permission to seek judicial review and we expect to receive a decision from them at any time.

Harvey Son & Filby i ( HS&F) is aware of the importance of time in the circumstances of those affected by the new rules especially those who would have been eligible for ILR this year but for the retrospective application of the said rules. In view of this, HS&F are applying to the Court for urgent consideration of the judicial review application. They are also applying to the Court for the application to be heard as a matter of urgency in the event that the latter is prepared to grant permission to apply for judicial review.

I believe this is similar to what BAPIO was doing.

It is important that everybody understands the basis of HS&F's judicial review application: HS&F are seeking judicial review of the legality of the retrospective application of the new settlement rules NOT any decision of the Home Office to refuse individual's application for ILR on the basis of completion of 4 year work permit employment.

From that perspective, if the JR is allowed, it would benefit all those who were already in the employment category before 3 April.

It would be very helpful if those who have been refused ILR recently (not more than 3 months) can come forward to seek judicial review of the Home Office's refusal decision, and to join HS&F judicial review proceedings in order to show force of our arguments before the Court.

VBSI is currently discussing the legal case and will give you an update before Wednesday this week.

Best regards,

Paul

joannedp · Post by **joannedp** » Mon Oct 02, 2006 10:11 am

The UK has always looked at the immigration policies of Australia as a good example to follow - eventhough they are now "trying" to re-align themselves with EU immigration policy.

Well, not sure if you're aware, but Australia has also just made an amendment to their residency requirements. It will now also take a year longer. HOWEVER, this new legislation, which will come into effect in January 2007, WILL NOT affect current visa holders in Australia.

You can read more here:

http://www.citizenship.gov.au/law-and-p ... entsQA.htm

Cheerio
joannedp

ssi · Post by **ssi** » Mon Oct 02, 2006 10:43 am

joannedp wrote:Well, not sure if you're aware, but Australia has also just made an amendment to their residency requirements. It will now also take a year longer. HOWEVER, this new legislation, which will come into effect in January 2007, WILL NOT affect current visa holders in Australia.

In Australia and Canada, new arrivals become permanent (landed) immigrants on arrival. These new rules are about quallifying period for citizenship. But you are right, we should be happy for people in Australia that their government is not changing the rules retroactively and gives a very explicit and early warning about the rule change. Compared to them the UK HO are a bunch of dirty tricksters.

joannedp · Post by **joannedp** » Mon Oct 02, 2006 10:52 am

Apologies if this is a silly question, but could you please clarify: "It would be very helpful if those who have been refused ILR recently (not more than 3 months) can come forward to seek judicial review of the Home Office's refusal decision, and to join HS&F judicial review proceedings in order to show force of our arguments before the Court." I was due to apply for ILR on 9 September, but that was before the change on 3 April.

BadPaul · Post by **BadPaul** » Mon Oct 02, 2006 11:54 am

This refers to those who applied for ILR after 4 years and have been denied ILR because of the 5 year new ruling. HS&F invited them to forward them their cases / refusals.

I this answers your question.

BadPaul · Post by **BadPaul** » Mon Oct 02, 2006 12:05 pm

I hope this answers your question.

joannedp · Post by **joannedp** » Mon Oct 02, 2006 12:35 pm

Well, I have not applied for ILR, due to the fact that they have changed the rules. Are you saying that we should still apply after 4 years and, when denied, forward our case to HS&F?

BadPaul · Post by **BadPaul** » Mon Oct 02, 2006 12:51 pm

No, I cannot suggest / advice you to do that, this is something you need to decide on your own.

I was only passing the message from HS&F for people who decided to apply regardless of the change of the rules, have been denied ILR and now could be interested to join efforts with HS&F in their JR application.

joannedp · Post by **joannedp** » Mon Oct 02, 2006 1:05 pm

BadPaul - thank you for the replies, much appreciated. I might consider applying, regardless of the rule change and then get in contact with HS&F.

Cheerio
joannedp

WP_Holder_05_2002 · Post by **WP_Holder_05_2002** » Mon Oct 02, 2006 11:07 pm

What is the expected date of court hearing. Is this good idea that we should go and attend the hearing in large number...

I suggest that we should list the arguments.. we are a large group of skilled professionals and able to assist to prepare our case well..

timefactor · Post by **timefactor** » Tue Oct 03, 2006 8:42 am

sorry guys i was away from IM yesterday

jayj · Post by **jayj** » Tue Oct 03, 2006 3:06 pm

Chaps, BPaul...things are looking good from what you mentioned earlier...but it's been a rollercoaster with regards to this change...so I'm not going to put my hopes up too high...
Should we now book an appointment at HO and apply for the ILR? They would ask us whether we completed 5 years ofcourse and if we say no we've just 4 years , they are not going to book the appointment!
I think when the court action takes place , we all shouldl attend ! Will wait for tomorrow to know the updates from VBSI

Cheers

WP_Holder_05_2002 · Post by **WP_Holder_05_2002** » Tue Oct 03, 2006 9:08 pm

So we can see that how much the minister bothered about skilled immigrants. What a waste of time.

JR is the last hope left. Any idea how long JR will take?

BadPaul · Post by **BadPaul** » Wed Oct 04, 2006 2:43 pm

Just a quick update from VBSI:

We will set-up a meeting with Harvey Son& Filby in the next 2 weeks to discuss our potential involvement in the JR. I am currently waiting for Stephen to confirm a date when they are available.

As for the JR, HS&F are waiting the Court's decision on their application for permission to seek judicial review, as soon as they will have a date, it would be communicated on immigrationboards. HS&F asked for the application to be heard as a matter of urgency.

We will keep you posted.

BR,

Paul

joannedp · Post by **joannedp** » Thu Oct 05, 2006 2:18 pm

Paul - thanks for the update.

easylife4me · Post by **easylife4me** » Wed Oct 11, 2006 12:37 pm

what is happening here.. everyone has given up ??????? its seems like it..

rooi_ding · Post by **rooi_ding** » Wed Oct 11, 2006 1:38 pm

Quite the contrary, I am only on the fringes of what has been happening, but it would seem from all the email correspondence that there is something happening on all fronts (JR and lobby). I suspect that the people organizing will soon be back on this thread with an update

jayj · Post by **jayj** » Wed Oct 11, 2006 2:11 pm

Just one thing I wanted to know is when applying for ILR, do you have to have proof of going out of the UK on holidays etc... by copies of tickets or can you tell them at HO the times you were out . I'm sure they have records of this anyway.

Thanks J

easylife4me · Post by **easylife4me** » Thu Oct 12, 2006 3:40 pm

I have given up hopes now.I guess i have to just wait for another year and get on it with it.

Miami · Post by **Miami** » Thu Oct 12, 2006 6:57 pm

easylife4me wrote:I have given up hopes now.I guess i have to just wait for another year and get on it with it.

It's certainly not that kind of attitude that is going to force any change to our predicament!!!

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5 years for ILR rule implemented

Update from Stephen Kong on JR - from BadPaul

Re: Update from Stephen Kong on JR - from BadPaul