NEW RULES - LEGAL OPINION

[farah]

It is setteled principle of law that new law/rules are prospective and there is another principle of promisery estopple.These mean that when govt. makes a promise and acting upon the promise decisive steps are taken by aperson then that promise is a binding.

Earlier HSMP rules were a promise and that is the reason application recieved before change are to be processed under old rules and same is the case of review .Legally FLR of person approved under the old rule should have been under the old rule.

But that is not the case and HO is not consistent.
I am of the opinion that issue would be taken before court of law and would be decieded in favour of applicants.

FARAH

[baskey]

Yes, I agree with you , we all should join and make a legal protest against the latest changes.

In my opinion many of us not knowing about this changes at all till now, so spread the message around and we will have to present it to the court.

Please share all our opinions, supports in this regard.

Thanks,

Baskey

[pashu]

I also endrose the views expressed.
Adminstrative forum may be better . There should be lobbying with MPs etc.

[Abdul Hakim Bhuiyan]

Dear all,

Yes, I agree with you all, we all should join and make a legal protest against the latest changes. We may move with newspapers, TV broadcast, human rights forum, legal aid forum, citizen advisory assistance and also to court.

Your kind support would be highly apprecaited.

Thanks,

Hakim

[Abdul Hakim Bhuiyan]

Dear all,

Yes, I agree with you all, we all should join and make a legal protest against the latest changes. We may move with newspapers, TV broadcast, human rights forum, legal aid forum, citizen advisory assistance and also to court.

Your kind support would be highly apprecaited.

Thanks,

Hakim

[gulgon]

One thing I learned here is that English are the most unreliable people I have ever seen.

They invite you by promising that you will be easily (just be economically active or prove you tried to be active) given permanent leave to remain and then a few months after you come, they change their mind.

I spent huge amount of money to settle and look for a job here (I lost at least 4-5K), why would I do that if my investment would be null?

If any Home Office guy is reading this : Be consistent, dont play with people's lives!!

[LondonBlonde]

I am of the opinion that issue would be taken before court of law and would be decieded in favour of applicants.

FARAH

Yes, I agree Farah. But I think that those who fail to pass the new requirements will have the real legal power in all of this. If they stay and fight, I agree that their case will be compelling. And also would make an interresting story for the press.

The family which is facing deportation because one of the parents is now "too old" or doesn't satisfy a new arbitrary english proficiency requirment will easily be able to prove hardship and real damages resulting from all of this.

I really get the impression that the HO thinks of us all as deadbeats who couldn't possibly have left anything behind when we moved here. Didn't they intend to recruit the best and brightest?! And wasn't it a general requirement that you make a salary several times the average in your home country?

LondonBlonde

[ravi_k_b]

I too agree with you all. This is legally not fair

I was working for an IT company in India serving a UK client. I applied HSMP(over28) and got approval in Apr2006 for one year(till Apr'07). when I planned to move out, my company offered me onsite assigment with same UK client. I accepted the offer as the job is ready to start.
I have been working since Apr2006 in UK the day I landed here. I am being paid net 1800GBP/ month + indian sal(GBP7500+/anum)
as per present assignment, I planned to continue to work till Feb'07 and
apply for for Extention in Mar07.

BUT Now when I have seen the new rules, I got upset.
Because , I was under assumption that I am economically active, paying council tax , etc.. so wouldn't have any issue getting extention.

Many members on this forum said you should be economically active, need not get 40k/anum for getting extention.

But as per the new rules, I can't meet the rules of salary critria. Please can somebody suggest.. how should I proceed further?
to meet the sal criteria I should get good contracting job immedietly, which I am not sure of ..
any thoughts please...........

[farah]

There is already a group titled 'Voice of Britain's Skilled Immigrants" which is contesting the earlier changes. http://www.vbsi.org.uk

Farah

[ATBPLC]

The new changes are worse than the eralier one. May be we should drop the earleir one and face the new changes000000000000000000

[MUGHAL]

YES fARAH i agree with you but the problem is this how can we turn up. we should challenge the new rules in court but how.............
canada is running the points scheme for immigrants but they always change the rules for new applicants . they keep the same for on going but i dont know what is the problem with HO in uk that they always change the rules and inform the world...................it is tataly ill justice for the people who had come to this country after selling out their deeds with their promise but................

[fosho]

One of the most important aspects of an immigration system is its stability. Without stability, immigrants face an unpredictable future and cannot make medium to long-term plans. If the Home Office creates a precedence of mistreating existing WP and HSMP visa holders, the faith in the stability of the country’s immigration regime will be undermined by many prospective skilled migrants. Talented people and investors, who normally have the most choice in which country to live and pursue their career, will simply opt for other more trust-worthy and welcoming countries.

[Vivid]

YES fARAH i agree with you but the problem is this how can we turn up. we should challenge the new rules in court but how.............
canada is running the points scheme for immigrants but they always change the rules for new applicants . they keep the same for on going but i dont know what is the problem with HO in uk that they always change the rules and inform the world...................it is tataly ill justice for the people who had come to this country after selling out their deeds with their promise but................

Dear All

we start to form a urgent group of all those who are affected by these changes.

Then we all have to seek legal assistance.



please join the group for legal advice :
http://groups.yahoo.com/group/HSMP2006/

HSMP2006@yahoogroups.com
thanks

[MUGHAL]

IF u are affected by the new rules for hsmp then rise your voice by opening the web site and write to your MP
http://www.writetothem.com/?keyword=loc ... EQod0hw0AQ

[fosho]

you need to see the end of this page
http://www.vbsi.org.uk/index.php?page=f ... nts_system

[mathew]

ravi KB - the salary criteria has now also changed so you get points for earning amounts under 40K too

[shahzad40]

Dear All,
I spoke to HO in the morning and shared with them my individual case and the responded mentioned that so far the rules are not really very clear and that i must wait till 1st week of dec when the rules are more defined.
My suggestion is to email or call the HO so that they are aware of the problem people are facing and they might show some flexibility in defining the rules. Email your case to:

pointsbased.comments@ind.homeoffice.gsi.gov.uk

or call HSMP help line on 0114 207 4074.

Please be heard!!!

[fosho]

vcr wrote:

Friends,

They have added insult to injury by announcing a new set of rules that came into effect last night and will be applied to everyone . Those seeking an extension (even people who got their HSMP before 3rd April 2006) will be subject to the new rules and criteria.

The worst of the new rules is Discrimination on the grounds of AGE. I thought as of 1st October 2006 a law came into force which makes it unlawful to discriminate on the grounds of Age. Now the New HSMP rules say that if the person applying for extension is above 33 yrs then he will not get any points ,as do new applicants above 33 yrs notwithstanding their qualifications, past experience and earnings.

ITS NOW OR NEVER. All the patrons and the moving forces behind VBSI and other like minded organizations should get together and settle this issue ONCE and FOR ALL. ELSE painful experiences await many who have been working here (remained law abiding, paid taxes and national insurance) have kept their side of the bargain only to find goal posts missing down the line.

With a Deep sense of Disbilief and pain.
Cheers
vcr


This misunderstanding is not new amongst our friends as some of our friends were of the view that it is only one year and by the time some decision will come we may have completed one year so we dont need to bother about it. Similarly now we think that we are not affected by these latest changes as it only applies for extension and not for ILR, if they can apply this for extension they can apply it for ILR. Again we are misunderstanding HO intensions, Look at timing HSMP was started in Jan 2002 so till Apr 2006 hardly anybody qualified for ILR, than they extended one year the intention is same nobody must be able to qualify for ILR, this one year is transitional period in which they will ensure that most of us must not qualify for ILR. This change in extension is only second step, the real change for which this one year was taken is ILR which I think will be enforced before Apr 2007 and most of us will not be able to qualify for it. This looks the actual government plan behind all this, and if still we want to close our eyes like pigeon done who saw the cat, than nobody will be able to save us from real trouble. We must be united and should fully support legal battle as we exhausted all other means i.e. negotiation, this time we should not waste even a single day in thinking.

[pashu]

fasho is right.
AS New guidence states that furter changes would be made.
Intention is very clear.
ILR would be mission impossible.

[fosho]

http://groups.yahoo.com/group/HSMP2006/

this group is getting ready to challenging the new changes..