5 years for ILR rule implemented

[RobinLondon]

E-mail your MP via the official Parliamentary website. I have never failed to get a response from my MP this way.

http://www.parliament.uk/directories/hciolists/alms.cfm

[supertiger]

Thanks all. I will send again today through the official parliament website, the one I used was first came up in google... maybe my MP's just not bothered?

I also sent a letter to Tony Blair this Mon by special delivery according to their website all writen letters will be replied: http://www.number10.gov.uk/output/page821.asp i don;t know if it is appropriate or who will reply or when will that be but anyway I will report you any feedback I may receive in near future, hopefully...

RobF good luck to yr meeting with yr MP. btw did u go to the ILPA training finally? I did PM u regarding the contribution of some cost didn;t get yr reply so guess you didn't get a place.

[RobinLondon]

supertiger,

i thought i mentioned earlier in this forum that the ilpa meeting was sold out. i will let you know, however, when the next one becomes available.

i met with my mp's staff this morning to discuss the situation. they were appalled at what i was going through, particularly since i had phrased the question so clearly to mr clarke and, moreover, that he had responded to me without any equivocation that the provisions upon which i entered the uk would continue to apply.

they informed me that my mp, ms jowell, would take several steps. firstly, they would contact the ind directly through an mp hotline number to ascertain precisely the ind's position on my personal file. simultaneously, they will contact mr clarke and mr mcnulty (citizenship and immigration) to inquire and protest about the retroactiveness and unconstitutionality of the changes.

it was suggested to me that if they are unable to sway the ministers, that i should look into legal action, although they also added sympathetically that it might be counterproductive to want to stay in a country that has created such a sense of personal bad feelings. to this point, i agreed.

regards,

robert

[sowhat]

<snap>
it was suggested to me that if they are unable to sway the ministers, that i should look into legal action, although they also added sympathetically that it might be counterproductive to want to stay in a country that has created such a sense of personal bad feelings. to this point, i agreed.
<snap>

I guess it is not the country but the current government or more precisely some of its officials and ministers who create such a feeling. Governments come and go but the country remains. If one takes legal actions they are directed to a particular person/institution rather than to the country as a whole...

[timefactor]

I'm not sure, why home office asked my HO reference number and full name as in passport to respond to MP's query on this to HO

it was suggested to me that if they are unable to sway the ministers, that i should look into legal action, although they also added sympathetically that it might be counterproductive to want to stay in a country that has created such a sense of personal bad feelings. to this point, i agreed.

regards,

robert

[aj77]

timefactor,
I guess you will get a positive reply.Be optimistic.If you are clear in your mind that you didn 't do anything illlegal except showing your concerns regarding the impact of these changes in your life.

[RobinLondon]

please don't take this the wrong way. we had a long conversation about this whole matter, about the psychological and logistical expectations that one creates when coming to a new country and how it can be disruptive when things change. i told the staff person that i was loathe to take part in any class action suits because i felt that that was counter to my desire to integrate into a new society. i wouldn't feel at home whilst at the same time wearing a litigious hat. it was at that point that she agreed with me, saying that she could understand what i was feeling, but also that maybe a positive result could still arise without any undue unpleasantness.

long story short, stay positive! things might work out well.

[supertiger]

Timefactor, I also think it is a good sign at least they didn;t just simply quote some new rule to reply you. At this stage HO has to start with some individual cases rather than announce again some further changes. According to their rule memo somewhere on their website they mentioned no impact assessment conducted for the rule change as they believe it has no impact to business, charity or etc... so our concerns are impacts, so looking into the case should be positive.

[aj77]

timefactor,
Just think over it, why did HO ask you for your referrance number and committed to look into your file while the answer was straightforward that everybody applying after 3.4.06 will get ILR after spending 5 years.One should see it positively.

As far as I remember that you switched to HSMP from Work Permit visa .Can you tell us on which particular date you switched over to HSMP from work Permit

[timefactor]

I'm on contineous WP since Oct 2002 and never out of job (only one job switch, but that only had 15 days gap).

Sorry if you have mis-read my OP: My MP has written to HO regarding my complaint on 4 to 5, and MP got the letter from HO that they need further info on myself, including my full name+HO reference number -- to answer back to MP

supertiger: thanks, anyway i've faxed back my details to MP this noon

timefactor,
Just think over it, why did HO ask you for your referrance number and committed to look into your file while the answer was straightforward that everybody applying after 3.4.06 will get ILR after spending 5 years.One should see it positively.

As far as I remember that you switched to HSMP from Work Permit visa .Can you tell us on which particular date you switched over to HSMP from work Permit

[supertiger]

Timefactor, if you worry HO will make trouble for u in future can either send details to them copy to yr MP or just forward their letter to yr MP and ask for clarification...

[timefactor]

Sorry, MP only forwarded this to me (this format looks like a standard template name, address HO ref number), with a copy of covering letter sent by HO to MP. I've not replied directly to HO, but faxed back to MP

Timefactor, if you worry HO will make trouble for u in future can either send details to them copy to yr MP or just forward their letter to yr MP and ask for clarification...

[jamiek]

Still no response from MP, but contacted counsel who said there is no chance that I will be able to get residency next month.

-----Original Message-----
From: IND Public Enquiries [mailto:INDpublicenquiries@ind.homeoffice.gsi.gov.uk]
Sent: 07 April 2006 11:13
To: Jamie
Subject: RE: Changes to Immigration Laws

Dear Jamie

Thank you for your enquiry.


As of April 3rd 2006, a person needs to complete 5 years in the work permit category prior to applying for Indefinite Leave to Remain.

The earliest you may submit an application is up to 28 days before the completion of your 5th year.

Any short absences due to paid leave or business trips are acceptable.

There is no set amount of time you can remain out of the UK, however absences will be taken into consideration by the caseworker and an extension maybe granted rather than settlement, to make up the 5 years.

The Home Office must be satisfied that the applicant has spent a continuous period of 5 years in approved employment.

In order to apply you will need the application form: SET(O) which is available to request by calling: 0870 241 0645, or it can be downloaded from: www.ind.homeoffice.gov.uk.

All details and instructions are included with the form.


> Yours sincerely
>
> Elizabeth Bennett
> Managed Migration
>
> If you intend to reply to this email please ensure that you re-send
> all the information from your original enquiry.
>
>
> -----Original Message-----
> From: Jamie
> Sent: 31 March 2006 11:26 AM
> To: 'public.enquiries@homeoffice.gsi.gov.uk'
> Subject: Changes to Immigration Laws
>
>
>
> Good Morning.
>
> As of June 29,2006 I will have been living and working in the UK under
> a work visa for four years. I am confused as to if the changes in
> Immigration law from 4 to 5 years applies to me or if it only applies
> to people who are now being granted work visas. Can I please have
> some clarification. Thanks- Jamie
>
>
>
>
>
>
>

[supertiger]

http://lkcn.net/eubbs/index.php?showtopic=102162&st=270

The date is for today, Sat 08 Apr.

A programme has now been finalised for tomorrow at the main hall of Oriental City, in Colindale:

Address: Oriental City (Previously know as Yaohan Plaza)
399 Edgware Road, London, NW9 0JJ
Map: http://www.streetmap.co.uk/newmap.srf?x ... 189720&z=1
Bus: 32, 142, 292 or 303
Underground: Colindale (15 minute Walk)
Time: 2.00pm – 5.00pm

1. Ms Christine Lee – Lobbying the Government in the political system.
2. Mr David Ho – Legal remedies
3. Mr Derek Hui – Summary in Mandarin
4. Mr Ronald Lim – How it affect employees and businesses
5. Interview on stage with hardship cases
6. Audience Questions and Answer
7. Ms Christine Lee – Redress agenda for late arrivals

The event will be conducted in Cantonese, Mandarin as well as English on stage. 20 lawyers and one judge off stage, have agreed to donate their time and work as volunteer to answer queries of the affected, and assist people to fill in the petitions to the MP and Home Office. They will set up computer terminals and search for your MP’s details on the spot.

Christine Lee will explain in detail her lobbying strategies, using some of the experiences she learn form the success of the anti-2006 immigration bill campaign. She will also provide assistance to other from the Chinese community to gain access to the British political system.

Mr Davis Ho will explain the case for legal remedies including the possibility of applying judicial reviews. He will also answer queries from the audience regarding any legal challenge to the Home Office.

4 standard letters to MP have been prepared. One for Employer, one for employee, one of friends, workmate and relatives of employee and one for general public who support the cause.

Christine is cautiously optimistic about getting result from lobbying. The Home Office Minister Tony McNulty has said that he needed to see “hardship” arose from the change of law. It is important that affected people come to the meeting and state their worries and how the law affect them, so Christine can present as many hardship case as possible when she meet with the Home Office.

She also urged people who had just missed the deadline by a few weeks to submit PR application disregard the change of law. The voluntary solicitor team will answer your queries and assist you with the documents tomorrow if necessary.

[Joseph]

Dear Jamie

Thank you for your enquiry.


As of April 3rd 2006, a person needs to complete 5 years in the work permit category prior to applying for Indefinite Leave to Remain.

The earliest you may submit an application is up to 28 days before the completion of your 5th year.

Any short absences due to paid leave or business trips are acceptable.

There is no set amount of time you can remain out of the UK, however absences will be taken into consideration by the caseworker and an extension maybe granted rather than settlement, to make up the 5 years.

The Home Office must be satisfied that the applicant has spent a continuous period of 5 years in approved employment.

In order to apply you will need the application form: SET(O) which is available to request by calling: 0870 241 0645, or it can be downloaded from: www.ind.homeoffice.gov.uk.

All details and instructions are included with the form.


> Yours sincerely
>
> Elizabeth Bennett
> Managed Migration

The whole thing is totally shambolic. Even though this policy has been in effect this week, the Home Office hasn't even updated the SET(O) form which still says 4 years. The heading accompanying the form link no longer mentions the number of years (previously 4 years).

You must use this Form SET (O) to apply for indefinite leave to remain in the United Kingdom in one of the following categories:

This just goes to show that they have lost control of the situation and nothing is really settled yet!

Joseph

[RobinLondon]

Attention all UK Ancestry visa holders!

I just came back from attending the presentation given by Christine Lee at the Oriental City on these changes to settlement. After describing my case to one of the solicitors, I was informed that UK ancestry visa holders are by far the strongest group of people to challenge this change, based on the fact that we hold an "entitlement" through our grandparents to be in this country. He suggested that we submit our SET(O) forms as intended and, should we receive a negative result, appeal firstly through our MPs and then secondly via legal channels.

It may be a bit harder for HSMP and work permit holders, but the logic that combined UK ancestry with work-migration routes appears to be tenuous at best. Moreover, if we can affect change with one aspect of the new rules, it may go towards removing the "retroactive" nature of them for all involved.

Give it a try!

[sowhat]

Unfortunately I missed the session. Could anyone be so kind to post any comments, some summaries or notes. I understand that many people were more interested in the situations similar to their own, so it could be case specific. Personally I would be interested in HSMP situation. However, what was teh general mesage? How optimistic do you feel about the whole situation after attending this assembly? Any comments will be greatly appreciated.

[supertiger]

Hi all I got a letter from my MP today:

"... I fully share your concerns over this announcement, particularly given teh apparent lack of consultation and minimal notice period before it was made. Consequently, I have now writen (Copy of letter enclosed) to one of the senior directors at the Immigration & Nationality Directorate, Jill Beckingham, to raise your concerns with her.

Once I receive a response, I will get back in touch with you. In the mean time, if I can be of any further assitance to you with regards to this or any other issue, then please don't hesitate to contact me again...."

No idea why my MP didn;t send to the minister like many others do, assuming she has a preference of contact.... I will let you know if any other news.

[timefactor]

I guess this is the first step

Hi all I got a letter from my MP today:

"... I fully share your concerns over this announcement, particularly given teh apparent lack of consultation and minimal notice period before it was made. Consequently, I have now writen (Copy of letter enclosed) to one of the senior directors at the Immigration & Nationality Directorate, Jill Beckingham, to raise your concerns with her.

Once I receive a response, I will get back in touch with you. In the mean time, if I can be of any further assitance to you with regards to this or any other issue, then please don't hesitate to contact me again...."

No idea why my MP didn;t send to the minister like many others do, assuming she has a preference of contact.... I will let you know if any other news.

[aj77]

Unfortunately I couldn t attend the meeting yesterday but I was expecting minutes of the meeting to be posted on the board today so that the guys who couldn t attend the meeting should be fully aware that how much legal strenght is in our case according to the opinion of panel of lawers. .Some guys might have discussed their personal cases and might have got reply according to their personal circumstances.Their feedback could be of great importance too.
If the guys who attended the meeting could share their views, it could be of great help understanding the current scenario.I would request guys who attended the meeting to share their views in detail to make the discussion more effective and knowledgeable over here.

[mahin1110]

I understand that HO is currently updating their immigration rules. The 4 years ILR rules for WP is going to be changed to 5 years very soon! (I guess). I also share the opinion that HO is clearly disobeying their promiss to HSMP visa -holders as they have given written commitment regarding 4 years ILR rules.

[sowhat]

I understand that HO is currently updating their immigration rules. The 4 years ILR rules for WP is going to be changed to 5 years very soon! (I guess). I also share the opinion that HO is clearly disobeying their promiss to HSMP visa -holders as they have given written commitment regarding 4 years ILR rules.

Actually it has changed already.... That's why we have 30 pages of posts here

[supertiger]

I understand that HO is currently updating their immigration rules. The 4 years ILR rules for WP is going to be changed to 5 years very soon! (I guess).

Oh dear mahin1110 it started from last Monday 3rd Apr.

[aj77]

I also share the opinion that HO is clearly disobeying their promiss to HSMP visa -holders as they have given written commitment regarding 4 years ILR rules

Thank you mahin1110 for sharing your opinion with us.It atleast gave us a smile on our faces as we are already passing through tentionable timeperiod.

[tutu1005]

The below is the one of the feedback of the meeting from Joseph.dj@558.net. Unfortunately, I was there around 5pm, so I missed all parts but I had talk with Christine Lee. Basically, she said 1) legal action will take a considerable longer time than lobby, so here campaign at this stage is focusing on lobby2)we need continue to email our MP 3) she will have a meeting with Minister of HO and she is trying to set up a presure group 4) sign petition and mail to her
If anyone have more detailed feedback please post here.


joseph.DJ@558.net Posted: 8 Apr 2006, 20:09


正式会员


Group: Members
Posts: 66

Joined: 28-March 06



Just a quick summaries of what I see and heard today:

There was a mixed crowd today, Cantonese, Mandarin and English speakers, Work Permit Holders, HSMP holder, dependents etc, also people from the catering industry, Travel industry, Education institutes, TCM practioners etc.

CHristine explained her strategies and relate how she successfully lobby the government in her last campaign. Mr David Ho explain the legal processes.

There were Question and Answer session, but most Chinese were a bit shy to explain their own situation. Many of them did talk to Christine afterwards and discuss their hardship cases to get advise directly. Their case details were also included in a tailor-made letter to their own MP

Over 500 petitions were signed today. Many will also send letters to their MPs. They will also bring the petitions to their own community/organisation/workplace to drum up more support.

Two of the stronger harder cases were:

One lady who work in the travel industry will no longer be able to work because she cannot get shegen visa with only less then 6 month on her work permit

One lady who is here for 3 1/2 year, has her second child born here. if she cannot get PR and lose the work permit at the end of the original 4 years period, she will have to return to China. she is worried about how her child will be treated in China under the one -child policy.

I will post more tomorrow with all the documents for the campaign.