Rog wrote:There is a saying in my home country that you cannot get cream out of a jar with a straight finger. The Home Office is forcing us to look at alternate ways to make them see the light. It is unfortunate that law abiding and hard working skilled workers are being forced to think like refugees to go through legal route etc. All HSMP holders are well educated and competant enough to make a legal representation and we should be able to make HO rethink their unfair policy.
Exactly..... we should make them realise that we are highly skilled people and they cant take us for a ride. They can't go back on their promise of settlement after 4 years as what they promised when we first applied for HSMP. There are 2 issues here which reflects unfair and unjust approach by the Home Office:
1) Going back on the 4 years settlement promised for old HSMP stayers.
2) When we applied initially for HSMP we were informed that they want us to just show economic activity for further extensions without concerning to any salary figures and without undergoing any points based test. This is what we were promised in all types of written and verbal communications.
These FAQs' from their HSMP guidance notes (issued when we applied initially for HSMP / Extension) signifies all about their unfair and unjust approach:
"24.10 Q: I have already applied successfully under HSMP. How does the revised HSMP affect me?
A: Not at all. It is important to note that once you have entered under the programme you are in a category that has an avenue to settlement. Those who have already entered under HSMP will be allowed to stay and apply for settlement after four years qualifying residence regardless of these revisions to HSMP"
"26.1 Q: What kind of work can I do?
A: You can undertake any work, for example it could be as an employee, a contract worker or on a self-employed basis or a combination of these. It will usually be expected that you will be lawfully economically active when you apply to extend your stay in the UK under the programme. However if you have been unable to put your business or employment plans into operation we will expect you to provide evidence that you have taken all reasonable steps to become lawfully economically active."
Reference:
Immigration and Nationality Directorate Highly, Skilled Migrant Programme (HSMP) Revised Programme effective from 31 October 2003
These promises were made to us as guidance notes (which "was" also in their FAQ's on
www.workingintheuk.gov.uk) when we applied and they should stick to it.
