Government response to petition on retrospective changes

[geriatrix]

Net migration to UK rose in 2009, statistics show
Figures show 20% increase in net migration to UK

Tier 1 PBS: 18% fall YoY to June 2010 (including dependents)
Tier 2 PBS: 9% fall YoY to June 2010 (including dependents)
Tier 1: Tier 2 ratio = 1: 2.45 (approx.)


regards

[ukswus]

Net migration to UK rose in 2009, statistics show

regards

Tier 1 visas granted fell by 18 percent.

Total immigration fell by 4 percent.

The single biggest increase happened in the student visas category (35%). However, students are not economic migrants. I would argue that students are not immigrants at all (until they switch into a category that leads to settlement), so it's foolish to lump them into this category.

Speaking of settlement, Migration Watch has some interesting ideas on offer:

"If we are to stem the inexorable rise of our population to 70 million within 20 years, of which 68% will be the result of immigration, economic migrants should be expected to leave after four years and their departure recorded."

http://www.google.com/hostednews/ukpres ... wHD4J5ZVOQ

[ukswus]

See p. 37:

The number of new Tier 1 visas granted in the first half of this year fell by 55% compared to the same period in 2009:

http://rds.homeoffice.gov.uk/rds/pdfs10/immiq210.pdf

[geriatrix]

See p. 37:

The number of new Tier 1 visas granted in the first half of this year fell by 55% compared to the same period in 2009:

http://rds.homeoffice.gov.uk/rds/pdfs10/immiq210.pdf

Interestingly, in H2 2009 itself there's a 66% fall in the number of Tier 1 (General) entry clearances granted, as compared to H1 2009. Coming to 2010, there is a 33% increase in Tier 1 (General) entry clearances granted in first half of 2010 as compared to second half of 2009.

Q2 2010 is 55% higher than Q1 2010, understandably, due to people wanting to apply before the interim cap came in force.

Will be interesting to see the Q3 2010 analysis! Will tell us if interim cap was reached or not.


regards

[GSOtodd]

well, if they are going to cap extensions, then what next? I heard Damian Green say that they were going to be looking at ALL routes, includes routes to settlement. Does that mean they are going to CAP settlement or just make people go through Probationary Citizenship?

What is the deal with Probationary Citizenship? Is that what Damian Green was talking about?

[sabby]

the probationary citizenship is more likely to be scrapped and the extensions wont be capped but the bars would be raised so high that less people would qualify.

[GSOtodd]

Yes but Damian Green told people that they were looking at all routes, including routes of settlement. So, what could be done regarding settlment. Do you think they will cap the NUMBER OF PEOPLE WHO WISH TO STAY ON AFTER EXTENSION?

[GSOtodd]

Read this as it explains that damian green thought they should look at students and routes that allow people to remain permanately in the UK. So what could they do to make it harder to settle. Do you see them CAPPING ILR?

[sabby]

Its unlikely they would cap on settlement coz of human rights and all those pro immigrant parties protest might happen.

The higher chances are they can make some strict changes to extensions so that people work here,pay taxes and go back after 2-4 yrs..

Also from 2011 they might scrap tier 1 with some radical changes so that only people with req skills that are shortage in uk can apply for tier 1,such as geologists, neuro surgeons etc.not any one with 100 points..

Things are going to be harder for present and future immigrants.

[GSOtodd]

well, see that is what they are wanting to do with Tier 2, restricting it to shortage occupations only and THEN before a non EU can take up the post, it must be advertised. At the present, if a job is on the shortage occupations list, it does not have to go through the labour market test. I could see them restricting Tier 2 to that. But if they did, they woud have to leave Tier 1 alone, don't you think? This is because universities and schools often need teachers, professors, etc and not a lot of people are willing to do these highly skilled jobs in the UK.

[ukswus]

Read this as it explains that damian green thought they should look at students and routes that allow people to remain permanately in the UK. So what could they do to make it harder to settle. Do you see them CAPPING ILR?

Migration Watch, a conservative think tank, has been pushing this issue rather enthusiastically recently. I won't be surprised if settlement was either capped, or if completely unrealistic PBS was introduced to make immigrants qualify for settlement. Green's comment about settlement yesterday are also suggestive.

[GSOtodd]

If they merge the labour market test with the shortage skills list, then that would definately cut down on the number of people coming into the UK. That would mean, companies could not bring in anyone unless it was on the shorage list AND it had been advertised.

[GSOtodd]

However, if they do cap citizenship, wouldn' there be transition arrangements

[ukswus]

However, if they do cap citizenship, wouldn' there be transition arrangements

Look at the first message of this thread. It seems to me they are not very fond of transitional arrangements.

[sabby]

yeah true there would be no such arrangements but still i think its hard to cap citizenship because of human rights activists but very likely a really high score for extensions. Clever Tories

[ukswus]

If they merge the labour market test with the shortage skills list, then that would definately cut down on the number of people coming into the UK. That would mean, companies could not bring in anyone unless it was on the shorage list AND it had been advertised.

That would be much worse than even the US H1-B visa. I cannot think of any Western country that would have such draconian measures.

[GSOtodd]

But didn't the Tories provide transitiona arrangements for people who are on Tier 1 and two regarding the temp cap. Extensions weren't capped there. Just incoming people.

[ukswus]

But didn't the Tories provide transitiona arrangements for people who are on Tier 1 and two regarding the temp cap. Extensions weren't capped there. Just incoming people.

Just read the MAC consultation document for the permanent cap. You will see that the question of whether the extensions for tier 1 should be capped or not is clearly on the agenda. For example, see q.6 on page 16:

Question 6: The stock of main (non-dependant) migrant workers under
Tiers 1 and 2 is determined by (i) new migration from outside the UK and
(ii) extensions and switching between routes by migrants within the UK.
If migration is to be reduced, do you most favour achieving this via cuts
in (i) or (ii)?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[ukswus]

But didn't the Tories provide transitiona arrangements for people who are on Tier 1 and two regarding the temp cap. Extensions weren't capped there. Just incoming people.

And by the way, as far as I know, there were no transitional arrangements for Tier 2 for this temporary cap. I heard of some people who wanted to extend their Tier 2 within the UK but couldn't, because their employers couldn't get a certificate of sponsorship for them.

[1971]

Well said by all. But remember that the 2006 retrospective changes were challenged in court by the "HSMP forum judicial review judgement" which affected some migrants that joined the programme prior to these changes and that case was WON gallantly. Also remember that these clause/declaration of intended changes were also in existence as at that time and most of the migrants signed them off then. But the reality is that we will wait for the result of MAC (Migration Advisory Committee) and government decisions/publications after April 2011 and then, we as a group can come again and refer to the "Justice Sir George Newman" judgement - (HSMP Forum (UK) Limited Vs SSHD) dated 6th April 2009. Yes govt has given us the priviledge to come and and stay here for a reason - contributing to the economical growth of the UK. We should all remember, no HSMP/Tier 1 Migrant has access to the benefits systems but we contribute both NI/Tax to the economy. Govt will always shift the goal post but we happy that we already have a victory case to refer to at all times when these retrospective changes are made. We are all in this together... I wish you all well.

[ukswus]

Also remember that these clause/declaration of intended changes were also in existence as at that time and most of the migrants signed them off then.

Really? If true, this is very interesting.

[geriatrix]

Also remember that these clause/declaration of intended changes were also in existence as at that time and most of the migrants signed them off then.

Where? Don't see anything of the sort in the HSMP form(s) in use until the Nov. 06 changes!


regards

[sabby]

yeah mr mehta s right,they changed it after 2006 after losing HSMP case.So we cant challenge UKBA in courts now.

[push]

The following was the declaration that post Nov06 HSMP applicants signed:

Declaration

• I confirm that I intend to make the UK my main home.
• I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available I will inform the Home Office.
• I understand that all information given by me will be treated in confidence but may be disclosed to other Government Departments and Agencies and Local Authorities to enable them to carry out their functions.

• I am aware that the rules and regulations governing HSMP and leave applications may change in the future and I do not assume that the requirements covering any future applications will be the same.

• I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to do an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union, knowing or having reasonable cause to believe that the act has this effect.

[geriatrix]

Also remember that these clause/declaration of intended changes were also in existence as at that time and most of the migrants signed them off then.

Also, what do you mean when you say "most of the migrants signed off then"? Unless the application is signed, it is not valid. All HSMP migrants (covered by JR) signed the application form just as every applicant does to this date.

But, up until Nov '06, there was no such clause that the applicants had to sign-off to! And that is why HSMP JR covers only those migrants who applied before the Nov '06 changes ... and doesn't include those who applied from Dec'06 until the scheme closure. Why? Because post Nov. '06, all applicants had to accept the clause by signing-off the application.


regards