Citizenship rule not changed for HSMP !!!!!

[tipu20]

Post Dec 2006 HSMP guidance have a line saying that you can apply for settlement after 5 years the same also exists for the people who applied in October 2007 (I applied at that time).

Guidance Version 6.0 Valid from 09.08.07

Page 10

Point 68. To qualify for settlement in the UK you must have spent a continuous period of five years in the UK in a category leading to settlement

Page 14

Indefinite Leave to Remain
102. If you have been granted permission to stay in the United Kingdom as a Highly Skilled Migrant for a total of five years and wish to remain in the United Kingdom on a permanent basis you can apply at the end of the five-year period for permanent residence.

Regards,
Tipu

Had this been the case, HO would just defer the implementation to Nov 11 instead of july 11, I think anyone reading the guidance notes for hsmp issued after the changes in Nov 06 would also have legitimate expectation for settlement.

...........................WAiting for 'push' to post now.......

EDIITED* SOrry, but I got a point to note here. What is the test of legitimate expectation? I think applicants who were asked to make UK their main home, like us HSMP'ian (post 2006), had this and hence clearance from HO.

But what i can clearly gather from the statement is that Tier1 and or workpermit holders may not given the same treatment.

On top on this I would like more.
HO has not given up..It covers HSMPians till 7 Nov 2006.After this whoever received HSMP they might not be covered becasue there is reason for that.If somebody applied for HSMP after 7 Nov 2006 at that time HO never promised PR in the HSMP scheme.Only HO had made promises to the HSMPians who got their approval before 7 Nov 2006.
Even the HSMPian after implimentation of new bill (After July 2011) would get PR but still they have to face New citizenship law.Because they are going to apply after implimentation of new law.As per new law you must have ILR to get 2 year benefit where u can apply under old rule.
Does it make sence???

Yes there is legitimate expectation for settlement but after how many years ??? Did it mentioned in guidence notes in post 7 Nov 2006 ?
If HO has said 5 years or 6 year or ... then yes every HSMPian has legitimate right to settle after promised period during the time when your first HSMP has been approved.

[Smart22]

Post Dec 2006 HSMP guidance have a line saying that you can apply for settlement after 5 years the same also exists for the people who applied in October 2007 (I applied at that time).

Guidance Version 6.0 Valid from 09.08.07

Page 10

Point 68. To qualify for settlement in the UK you must have spent a continuous period of five years in the UK in a category leading to settlement

Page 14

Indefinite Leave to Remain
102. If you have been granted permission to stay in the United Kingdom as a Highly Skilled Migrant for a total of five years and wish to remain in the United Kingdom on a permanent basis you can apply at the end of the five-year period for permanent residence.

Regards,
Tipu


Tipu

Did your first approval was in HSMP or Tier 1 ?
If it is HSMP then you are safe.If you are first approval is Tier 1 then I doubt because of JR 2.Govt has promised that they will honour JR1 & JR2 judgement.HO has cleverly decided policy on that so that Govt should contempt of the court order.

Had this been the case, HO would just defer the implementation to Nov 11 instead of july 11, I think anyone reading the guidance notes for hsmp issued after the changes in Nov 06 would also have legitimate expectation for settlement.

On top on this I would like more.
HO has not given up..It covers HSMPians till 7 Nov 2006.After this whoever received HSMP they might not be covered becasue there is reason for that.If somebody applied for HSMP after 7 Nov 2006 at that time HO never promised PR in the HSMP scheme.Only HO had made promises to the HSMPians who got their approval before 7 Nov 2006.
Even the HSMPian after implimentation of new bill (After July 2011) would get PR but still they have to face New citizenship law.Because they are going to apply after implimentation of new law.As per new law you must have ILR to get 2 year benefit where u can apply under old rule.
Does it make sence???

Yes there is legitimate expectation for settlement but after how many years ??? Did it mentioned in guidence notes in post 7 Nov 2006 ?
If HO has said 5 years or 6 year or ... then yes every HSMPian has legitimate right to settle after promised period during the time when your first HSMP has been approved.

[hsmp2010]

push,

I think confusion can be minimized if u will type summary of Phil Woolas letter. I think it will be much help.

thank you sanjana . I just wanted her to send mail to u atleast. we are all very much disturbed by HO laws and until we got citizenship, it will continues.

[innocentdevil]

I am confused as well. I got my HSMP in Nov 2007 and extending in oct 2009. where do I stand for ILR

[bitterweb]

I have noticed it mentioned a few times here and there about "entered the UK as HSMP".

I entered on student VISA then switched to Work permit then to HSMP and now on Tier-1.

Do I count as "entered as HSMP". Literally, I don't think I do.

Does this mean they will treat people who switched to HSMP/Tier-1 in country differently from those who arrived as HSMP/Tier-1?

[tipu20]

I guess this is how it was earlier,

HSMP was introduce to bring high skilled people to UK and as an attraction they were offered ILR/Citizenship & did not needed a sponsor.

So the people who joined HSMP were under the impression that they will get ILR after specific period which was later changed to 5 year.

People who come to UK as workpermit were considered to qualify for ILR after 4-5 years but i am not sure if the document/guidance suggested in attractive way for them that they can apply for ILR after year or they will be given ILR the difference is given and apply.

I am sure someone here with more expertise will comment further or clear my concept.

Now the Immigration rule consider the standard requirement that you have lived in UK legally on a route which can/will offer you the ILR , so they have now changed the immigration rule but as they have commited with HSMP to attract them they(HO) were told by court to evaluate HSMP on the rules when they joined the scheme to full fill their commitment.



We can talk with various angles but can't be sure unless proper guideline and forms from HO are not released.

Regards,
Tipu

I have noticed it mentioned a few times here and there about "entered the UK as HSMP".

I entered on student VISA then switched to Work permit then to HSMP and now on Tier-1.

Do I count as "entered as HSMP". Literally, I don't think I do.

Does this mean they will treat people who switched to HSMP/Tier-1 in country differently from those who arrived as HSMP/Tier-1?

[push]

The operative part (verbatim) from the letter that Sanjana received from Woolas is:

Those migrants who entered on the Highly Skilled Migrant Programme will also be able to apply under the system as it was when they applied to the programme

[hsmp2010]

so it means we hope so that we are all covered uptil nov 06 because after that it was points based system

[push]

No point discussing it any further as the debate is purely academic until we see the guidelines and procedures.

[crowbar6]

No point discussing it any further as the debate is purely academic until we see the guidelines and procedures.

Push, edit the confidential details and upload/post the letter please.

[*FC*]

Well, guess I am still confused about the ILR and Citizenship.

You may consider that this is a just-woke-up-from-the-sleep question !!

1. Does it mean that there wouldn't be an ILR concept anymore after this date in 2011? or Does it mean that for a Person on Tier I, 5 years is the time to get an ILR, but the process to get Citizenship changes?
2. Or does it mean that Tier I people will not not have any ILR to apply and must only go for citizenship through the new route?

Please clear the air !!

[confusedhsmp]

It would be better if Push posted the letter as he got it for the same reason from Sanjana.!!!

[apply4hsmp]

It would be better if Push posted the letter as he got it for the same reason from Sanjana.!!!

Yes, I second it, me too would like to see that.

[push]

It would be better if Push posted the letter as he got it for the same reason from Sanjana.!!!

Yes, I second it, me too would like to see that.

I posted the relevant sentence verbatim. Rest of the letter just talks about macro level things which are in any case available on HO website - i.e. introduction of tighter controls and the fact that Govt recognises the need to have proper control over the immigration programme which the act provide.

Those who are confused about ILR/PR and citizenship should look at this thread

[*FC*]

It would be better if Push posted the letter as he got it for the same reason from Sanjana.!!!

Yes, I second it, me too would like to see that.

I posted the relevant sentence verbatim. Rest of the letter just talks about macro level things which are in any case available on HO website - i.e. introduction of tighter controls and the fact that Govt recognises the need to have proper control over the immigration programme which the act provide.

Those who are confused about ILR/PR and citizenship should look at this thread

Thanks for the link Push

I wonder if my understanding is right .... I understood that ILR will not change and it will remain at 5 years for a person on Tier 1. But the process afterwards, which is the Citizenship *will* change.

My situation is a little diferent since I came into the UK on 1st of April 2007 on a Work permit, and I switched to Tier 1 which was valid from April 2008. So my understanding is I will be eligible to apply for ILR in 2012, with a grace period of 1 year on my Tier 1 extension which I shall do in April 2011.

Please feel free to correct me there !

FC

[ashishashah]

No..there wont be any thing called as "ILR" after July 2011..There will be some thing called as "temp BC "..But dont know if TBC will be same as ILR ..Currently having ILR means
1)No visa control
2)Govt. benefits
3)BC in next 1 year

not sure what Temp BC will have?

Push,your expert inputs please !!Over to you Push

[*FC*]

No..there wont be any thing called as "ILR" after July 2011..There will be some thing called as "temp BC "..But dont know if TBC will be same as ILR ..Currently having ILR means
1)No visa control
2)Govt. benefits
3)BC in next 1 year

not sure what Temp BC will have?

Push,your expert inputs please !!Over to you Push

aah, that gives me some clarity, Thanks Ashish

As guessed, I was still in my dreamland sleeping, drinking and dreaming!

[push]

Read the following from UKBA website. If still find things/provisions unclear, please let me know:

The earned citizenship process
The earned citizenship architecture set out in the Borders, Citizenship and Immigration Act 2009 provides for a clear, three-stage process in the path to citizenship. This is described in more detail below.
Stage 1 - Temporary residence
Under the new system of earned citizenship, migrants with a route to citizenship must complete a period of temporary residence before being eligible to progress to "probationary citizenship" - the second stage in the journey.
There are three broad types of qualifying temporary residence: work, family and protection.
The work category is made up of economic migrants consisting of highly skilled and skilled workers under Tiers 1 and 2 of the current Points Based System (other tiers are not eligible);
The family category consists of family members of British citizens and permanent residents;
The protection category covers those individuals that are in need of our protection - specifically refugees and those granted humanitarian protection. In the Path to Citizenship, we made absolutely clear our commitment to honouring our long and proud tradition of providing a safe haven to those fleeing torture and persecution.
Temporary residence is a fixed period lasting five years for those on the work and protection route and two years for those on the family route.
Stage 2 - Probationary citizenship
Following completion of the period of temporary residence migrants may apply for probationary citizenship, which is a further, time-limited stage enabling them to demonstrate their commitment to the UK, and earn the privileges of citizenship. Completion of the probationary stage allows migrants to complete their journey to British citizenship or permanent residence.
In order to qualify for probationary citizenship, applicants are expected to meet a number of requirements. For those on the work route this means they must be self-sufficient, although they will no longer be restricted to the employment for which they entered the UK. For those on the family route, this means they must demonstrate that they are self-sufficient or supported by their sponsor, and that their relationship is subsisting. For those on the protection route we expect them to show that they are still in need of protection to qualify. In addition to these requirements all groups will need to demonstrate knowledge of life in the UK or English to progress through the probationary citizenship stage. Migrants who are ineligible or fail to qualify for probationary citizenship are expected to leave the UK
We believe that committing to Britain aids integration, and that is why we want to encourage those migrants who make Britain their home to become British citizens. Probationary citizens are therefore able to apply for British citizenship after a minimum period of one year. Migrants who wish to be obtain the alternative category of permanent residence status, on the other hand, either by choice or because they are unable to become British citizens, would need to spend a minimum of three years as probationary citizens.
Speeding up or slowing down the journey through the probationary citizenship stage
Under the earned citizenship framework, the journey to citizenship will enable migrants to demonstrate a more visible and a more substantial contribution to Britain as they pass through successive stages. Probationary citizenship will provide a clear second stage in a newcomer?s journey during which time they will be encouraged to integrate further by, for example, contributing to their local communities. We want to encourage more migrants to demonstrate their commitment to the UK by actively contributing to the wider community. We believe this has benefits for the individual and UK society. Those migrants who choose to participate in 'Active Citizenship', such as volunteering for a charity, will therefore be rewarded with a quicker journey to citizenship.
We believe it is right that people should be able to demonstrate active citizenship at any point in their journey. This will allow migrants to plan activities better in line with work and family commitments. We want to ensure that we permit a wide range of activities to ensure migrants can utilise their particular skills and interests
Migrants who undertake active citizenship can speed up their journey by two years (for example: a skilled worker could become a British Citizen in 6 years with active citizenship or 8 years without doing it).
Active citizenship is not a mandatory requirement and will not be considered as part of the points-based test for citizenship.
We want to encourage all migrants who qualify to stay in the UK permanently to take up full British citizenship. We think that this is the best way to facilitate the full integration of a migrant into UK society. That is why it will take longer for a migrant to qualify for 'permanent residence' compared to British citizenship. The intention of this proposal is to encourage more migrants to become British and we believe that this is a clear incentive that will help achieve that aim.
The UK is entitled to expect migrants who aim to settle here permanently to act responsibly and to obey the law. Criminal behaviour will have consequences. Migrants who have criminal convictions, including those resulting in non-custodial sentences, will not normally be granted citizenship until those convictions are spent. Those with convictions that can never become spent under the Rehabilitation of Offences Act 1974 will not normally be granted citizenship at any stage. Migrants committing serious crimes will be deported from the UK following their custodial sentence. In cases where our international obligations under the ECHR or the Refugee Convention prevent us from removing an individual, we would grant a form of leave that does not lead to citizenship.
Stage 3 - Citizenship or permanent residence
Once an individual has demonstrated their commitment to the UK by completing the period of probationary citizenship relevant to their circumstances, they may then apply for permanent settlement - the final stage of the journey. At this stage, they will need to demonstrate not only that they have completed their probationary citizenship, but that they still meet the requirements for their particular route of entry and that they are of good character and have no criminal convictions that would disqualify them.
Most applicants will at this stage apply for citizenship. However, some individuals - for example those unable to apply for British citizenship because of restrictions on holding more than one nationality in the law of their country of origin - may choose to apply for the alternative category of permanent residence.

[immig.inf]

What does this mean? Does it mean to leave a job and only work for charity for two years, or work for charity on weekends/after office hours with your normal job?

. Those migrants who choose to participate in 'Active Citizenship', such as volunteering for a charity, will therefore be rewarded with a quicker journey to citizenship.

[*FC*]

Thanks Push, cant get clearer than that.

As usual, Home office loves it's petty tortures to the migrants !

[Hope2007]

immig.inf Posted: Wed Sep 30, 2009 7:35 am Post subject:

--------------------------------------------------------------------------------

What does this mean? Does it mean to leave a job and only work for charity for two years, or work for charity on weekends/after office hours with your normal job?

push wrote:
. Those migrants who choose to participate in 'Active Citizenship', such as volunteering for a charity, will therefore be rewarded with a quicker journey to citizenship.


...........

>>work for charity on weekends/after office hours

that means we need to civilize these people. seriously all the way you coming from diff country to work , to pay tax and obey the law...and finally to serve these people ...
i dont think so that, these people will appreciate the charity work...

[taliska]

Read the following from UKBA website. If still find things/provisions unclear, please let me know:

Most applicants will at this stage apply for citizenship. However, some individuals - for example those unable to apply for British citizenship because of restrictions on holding more than one nationality in the law of their country of origin - may choose to apply for the alternative category of permanent residence.

This looks like people will have to pay a whole lot of money at each stage and then they can charge you for you to become a permanent resident in Stage 3 and then later charge you again if you then decide to become a citizen....Oh well! they have to do something to make back the money they give to the car companies scarppage scheme and the banks...migrants are always an easy target

[Radtw78]

That's why we all should go online and complete the survey of earned citizenship, and answer NO to all questions.

If the survey result shows high support for this earned citizenship, it will give them justification to bring more and more nasty proposals.

https://www.surveymonkey.com/s.aspx?sm= ... sDQA_3d_3d

Read the following from UKBA website. If still find things/provisions unclear, please let me know:

Most applicants will at this stage apply for citizenship. However, some individuals - for example those unable to apply for British citizenship because of restrictions on holding more than one nationality in the law of their country of origin - may choose to apply for the alternative category of permanent residence.

This looks like people will have to pay a whole lot of money at each stage and then they can charge you for you to become a permanent resident in Stage 3 and then later charge you again if you then decide to become a citizen....Oh well! they have to do something to make back the money they give to the car companies scarppage scheme and the banks...migrants are always an easy target

[mvent00]

Do you prefer Permanent residence over British citizenship? As far as I understand, it is a straightforward thing, they want you to become active British citizen in six years. Of course, everything has a cost, do you want to become British citizen for free??? This system is still much better than many other countries.

Read the following from UKBA website. If still find things/provisions unclear, please let me know:

Most applicants will at this stage apply for citizenship. However, some individuals - for example those unable to apply for British citizenship because of restrictions on holding more than one nationality in the law of their country of origin - may choose to apply for the alternative category of permanent residence.

This looks like people will have to pay a whole lot of money at each stage and then they can charge you for you to become a permanent resident in Stage 3 and then later charge you again if you then decide to become a citizen....Oh well! they have to do something to make back the money they give to the car companies scarppage scheme and the banks...migrants are always an easy target

[camcan]

Guidance Note V8.0

Page 11 point 73

To qualify for settlement in the UK you
must have spent a continuous period of
five years in the UK in a category
leading to settlement

Page 13 point 88

This is otherwise known as indefinite
leave to remain or settlement. The
main criteria for settlement will be that
you have spent a continuous period of
five years in the UK in a category
leading to settlement. You must also
be able to demonstrate that you can
continue to be economically active in
the UK as a highly skilled migrant.

Page 13 Point 87

If you have been granted permission to
stay in the United Kingdom as a Highly
Skilled Migrant for a total of five years
and wish to remain in the UnitedKingdom on a permanent basis you
can apply at the end of the five-year
period for permanent residence


Considering All the above i believe we had legitimate expectation of getting ILR through this 5 year path. So i think HSMP post November 2006 and Tier1 as well with guidance Version 8.0 Should be safe

Can any senior members or moderators comment please

Yes it does mention 5 years....

Had this been the case, HO would just defer the implementation to Nov 11 instead of july 11, I think anyone reading the guidance notes for hsmp issued after the changes in Nov 06 would also have legitimate expectation for settlement.

On top on this I would like more.
HO has not given up..It covers HSMPians till 7 Nov 2006.After this whoever received HSMP they might not be covered becasue there is reason for that.If somebody applied for HSMP after 7 Nov 2006 at that time HO never promised PR in the HSMP scheme.Only HO had made promises to the HSMPians who got their approval before 7 Nov 2006.
Even the HSMPian after implimentation of new bill (After July 2011) would get PR but still they have to face New citizenship law.Because they are going to apply after implimentation of new law.As per new law you must have ILR to get 2 year benefit where u can apply under old rule.
Does it make sence???

Yes there is legitimate expectation for settlement but after how many years ??? Did it mentioned in guidence notes in post 7 Nov 2006 ?
If HO has said 5 years or 6 year or ... then yes every HSMPian has legitimate right to settle after promised period during the time when your first HSMP has been approved.