MPs joint report accuse Govt of 'cheating' with HSMP

[vinay shanthi]

got this news from www.hsmpforumltd.com the official joint committee report will be available tomorrow. witnesses have got embargoed copies a couple of days ago. but now can comment as gaurdian has published this about the report today.

The joint Commons and Lords human rights committee said that the changes to the highly skilled migrants programme (HSMP) breached the European convention on human rights and should be scrapped.

The committee's chairman, Andrew Dismore, a Labour MP, said the government was "cheating" on the deal offered to those who entered under the original rules.

source : guardian, Press Association

click link for the full article :

http://www.guardian.co.uk/uk_news/story ... 52,00.html

or

http://society.guardian.co.uk/asylumsee ... 50,00.html
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finally some justice ! this should be useful for all legal challenges if the govt does not back down on retrospective effects of new legislation conveniently hiding behind the excuse that there is no retrospective legislation.

[SYH]

That's nice but what concrete action are they going to do to rectify the situation.
For me, its more about the 4 to5 year rule for ILR. When I applied, that was one of the main reasons because it took only 4 years to get ILR and I would get more stability in my life sooner than later. This extension is wreaking havoc on my life.

[vinay shanthi]

That's nice but what concrete action are they going to do to rectify the situation.
For me, its more about the 4 to5 year rule for ILR. When I applied, that was one of the main reasons because it took only 4 years to get ILR and I would get more stability in my life sooner than later. This extension is wreaking havoc on my life.

if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory and it is a binding convention and also breach of 'legitimate expectation' based on guarantees given by UK govt in guidance notes of original HSMP scheme.

on similar grounds those refused HSMP renewals have succeeded in AIT. am aware of atleast 20 cases suceeding in AIT. i have read through some of the determinations. since AIT is a lower court the determinations will not be precedents. but each individual can fight cases on similar grounds like the other 20 who have already won cases. but the problem is that AIT cases determinations are confidential due to the personal nature of thecases. so determinations are not publically available usually. unless the candidates themselves volunteer the determinations to others or it is a reported decision. that is why becoming a member of http://www.hsmpforumltd.com is important for people going down the legal challenge route. because of its track record in helping people in AIT, subsequently the candidates have given the AIT winning determinations to those incharge of the forum to help others fighting cases. but it is not publicised because the determinations are private documents. anyone going down the legal challenge route please contact the forum and they will give you all help free of charge, you can use your own solicitors and barristers or if you prefer to self represent they will still help you. determinations will be given to your legal team. BUT you have to provide determinations of your case in return so that it can help others as well who go down this route. tribunal cases if self representing or even with barristers / solicitor as proceeding is usually finished in a day from my discussions with those helping on the forum are that fighting a case in AIT should not cost generally more than 500 - 1000£.

anyone interested can donate to the judicial review case on the forum as well. i have donated to the judicial review by the forum http://www.hsmpforumltd.com and also for the bapio JR on http://www.bapioaction.moonfruit.com . there is also another JR on http://www.vbsi.org.uk

[bani]

Thanks for the link. That is great news! What happens now? Will Brown and Byrne finally listen? This isn't the first time the HSMP changes were criticised (by Dismore, by a number of MPs, by Livingstone, etc.) and they somehow manage to weasel excuses each time. Does the joint committee have authority to revert the HSMP rules? Especially the 4 to 5 rule change? This is also what is most upsetting to me. And I like the analogy of goal posts being moved during a match, that is exactly how I feel.

[SYH]

if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory

No freaking way, my 5 year mark is in october why would I apply to get it involved in some administrative black hole.
At this point, if they some how declare that it shouldn't have been changed, the remedy would be that I could apply for citizenship straight away.

[vinay shanthi]

Thanks for the link. That is great news! What happens now? Will Brown and Byrne finally listen? This isn't the first time the HSMP changes were criticised (by Dismore, by a number of MPs, by Livingstone, etc.) and they somehow manage to weasel excuses each time. Does the joint committee have authority to revert the HSMP rules? Especially the 4 to 5 rule change? This is also what is most upsetting to me. And I like the analogy of goal posts being moved during a match, that is exactly how I feel.

even if the govt does not listen. mostly i think this is what they will do. personally i think this will be decided in courts only. the 3 Judicial reveiws i have mentioned in my message above. AIT cases are important only for the individual involved. they do not become precedents. that is why the JRs are important as they will become legal precedents. the govt is very cunning, that is why it has not appealed the tribunal decisions in higher courts. they dont want to risk losing a case and create a precedent, whereby others will more easily win cases. even when they told candidates winning in AIT that they will appeal decision, subsequently they have back tracked and given visas in order not to create a precedent.

but bapio lost JR we raised more than £50,000 for that. but now it is in appeal stage and about £100,000 has been collected for that. as legal challenges are expensive. we have to be prepared to pay costs if lose cases. Eg. remedyuk lost case and i think they had to pay £40,000 costs apart from their own legal expenses. no single person (atleast most of us) can afford these expenses. that is why it is important to fund these JRs. even if one of these cases wins then we all gain in turn. so please donate for the JRs mentioned in message above by me. links in message.

also even if JR is lost there have to be appeals like with BAPIO case. even if that is lost, then there will be house of lords. that is why the present report by the joint committee is important, as this will prove useful in house of lords case if it gets to that or even if that fails there is european courts. it is a long drawn battle. you cant expect miracles without efforts. so please donate generously for legal challenges. remember 10 -20 £ wont buy a decent meal for the barristers in london. so think of donating atleast 100 per person please.most people will just expect others to spend money and they will reap the benefits. nothing much can be done about that. so please donate to as many JRs as possible, dont put all eggs in one basket.

here is an inspiring quotation...
"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."
Margaret Mead

[vinay shanthi]

if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory

No freaking way, my 5 year mark is in october why would I apply to get it involved in some administrative black hole.
At this point, if they some how declare that it shouldn't have been changed, the remedy would be that I could apply for citizenship straight away.

best of luck for you ILR / naturalisation in october

[sakura]

if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory

No freaking way, my 5 year mark is in october why would I apply to get it involved in some administrative black hole.
At this point, if they some how declare that it shouldn't have been changed, the remedy would be that I could apply for citizenship straight away.

Have you taken the Life in the UK test yet? Which one will you go for - old version or new?
I hear the English is quite bad in the official book - confusing syntax and stuff.

[SYH]

if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory

No freaking way, my 5 year mark is in october why would I apply to get it involved in some administrative black hole.
At this point, if they some how declare that it shouldn't have been changed, the remedy would be that I could apply for citizenship straight away.

Have you taken the Life in the UK test yet? Which one will you go for - old version or new?
I hear the English is quite bad in the official book - confusing syntax and stuff.

Already took it and I think only the new version is available now.
Also picking your battles is iimportant in dealing with the HO, which is why I dont' understand why people are trying to force the issue with TOEFL, just take the stupid Life in the UK test, yeah it sucks to do it if you are already proficient but that's the way the cookie crumbles

[vinay shanthi]

[Already took it and I think only the new version is available now.
Also picking your battles is iimportant in dealing with the HO, which is why I dont' understand why people are trying to force the issue with TOEFL, just take the stupid Life in the UK test, yeah it sucks to do it if you are already proficient but that's the way the cookie crumbles

picking battles is important. in your case i understand you are close to the finsih line.

but for most, the reason legal challenge is important is that problems need to be nipped in the bud. if we let the govt get away with retrospective effects on legal mirants with bringing in new legialation. there will be no end to it. tomorrow there can be further new legislation affecting your life. that is why the legal challenge is important. similar challenges have alread suceeded in other countries where they gave up on retrospective legislation on legal migrants long ago. can give the links in case you are interested.

[sakura]

if i were you, i would become a member of http://www.hsmpforumltd.com ASAP and also apply for ILR, knowing very well you will be refused ILR, but you can appeal the decision in AIT (asylum and immigration tribunal) on human rights grounds / breach of european convention on human rights to which UK is a signatory

No freaking way, my 5 year mark is in october why would I apply to get it involved in some administrative black hole.
At this point, if they some how declare that it shouldn't have been changed, the remedy would be that I could apply for citizenship straight away.

Have you taken the Life in the UK test yet? Which one will you go for - old version or new?
I hear the English is quite bad in the official book - confusing syntax and stuff.

Already took it and I think only the new version is available now.
Also picking your battles is iimportant in dealing with the HO, which is why I dont' understand why people are trying to force the issue with TOEFL, just take the stupid Life in the UK test, yeah it sucks to do it if you are already proficient but that's the way the cookie crumbles

The UK test isn't so hard, right?
Compare that to the US test! Wow, I saw some of the questions...I'd actually happily take it, probably because I'd like to know that kind of stuff anyway (well, I had taken some practise tests just to see...I think I got about 50-60% of the answers right!). But that one is complex.

BTW the links aren't working, vinay...
Also, I'd like to see exactly what the committee can do about things. Many government committees complain about the government's actions everyday, but it doesn't mean things change because they point to the ECHR or HRA.

[SYH]

No freaking way, my 5 year mark is in october why would I apply to get it involved in some administrative black hole.
At this point, if they some how declare that it shouldn't have been changed, the remedy would be that I could apply for citizenship straight away.

Have you taken the Life in the UK test yet? Which one will you go for - old version or new?
I hear the English is quite bad in the official book - confusing syntax and stuff.

Already took it and I think only the new version is available now.
Also picking your battles is iimportant in dealing with the HO, which is why I dont' understand why people are trying to force the issue with TOEFL, just take the stupid Life in the UK test, yeah it sucks to do it if you are already proficient but that's the way the cookie crumbles

The UK test isn't so hard, right?
Compare that to the US test! Wow, I saw some of the questions...I'd actually happily take it, probably because I'd like to know that kind of stuff anyway (well, I had taken some practise tests just to see...I think I got about 50-60% of the answers right!). But that one is complex.

BTW the links aren't working, vinay...
Also, I'd like to see exactly what the committee can do about things. Many government committees complain about the government's actions everyday, but it doesn't mean things change because they point to the ECHR or HRA.

Yeah I think the test is a breeze, I read the book, made some crib notes boiling down the essential elements based on the practice tests. I'd sell the crib notes for pound if it wasn't against the rules to advertise

[vinay shanthi]

[quote="sakura BTW the links aren't working, vinay...
Also, I'd like to see exactly what the committee can do about things. Many government committees complain about the government's actions everyday, but it doesn't mean things change because they point to the ECHR or HRA.[/quote]

the report was released earlier to witnesses but embargoed. it was for official release tomorow. i knew about it earlier but didnt comment till now as it was an embargoed publication given to witnesses. the only reason i commented now was that the 'gaurdian' published in 2 separate weblinks. guess they goofed up by jumping the gun with embargoed versions. i checked the urls myself and saw the webpage myself a couple of times and wondered how they published embargoed report. anyway people have downloaded it as proof! so we cant fall in problems for talking about it as it already was in the public domain anyway. in case you want to see word for word what was written in the gaurdian links. go to this link but you need to be a member of the group http://forum.hsmpforumltd.com/showthread.php?t=117 but you can also wait till tomorrow and see the official copy of the report on the joint committe website

[bani]

Thanks for all the info, Vinay. I'm glad that this will boost the JR's. I have contributed to the VBSI one, and will do the same for the HSMPForum.

I have questions about the AIT's. How long do they take to process? And if a person is refused ILR (after the 4 years), could he continue to work while the appeal is going on? I'm just wondering how disruptive it is.

[vinay shanthi]

Thanks for all the info, Vinay. I'm glad that this will boost the JR's. I have contributed to the VBSI one, and will do the same for the HSMPForum.

I have questions about the AIT's. How long do they take to process? And if a person is refused ILR (after the 4 years), could he continue to work while the appeal is going on? I'm just wondering how disruptive it is.

hey bani

DONT NOT DONATE TO hsmpforum www.hsmpforum.com that is the old forum the barclays bank account is in a few individuals names and they are presently not releasing money for JR. sorry for the confusion with similar names.

the new forum running the JR is http://www.hsmpforumltd.com and it is the official forum of the limited company registered in uk and is the one running the judicial review case about HSMP issue, they are also co ordinating with vbsi submission to parliament authors as well as far as i am aware. the new account is also controlled by the company so there will be accountability. so please donate to the new forum www.hsmpforumltd.com i have also donated. i have also donated for the bapio JR on http://www.bapioaction.moonfruit.com

about your query regarding AIT, speak to amit kapadia on www.hsmpforumltd.com or any of the other leaders there, they have been guiding people with AIT cases, they will have a better idea, as far as i am aware there have been atleast 20 wins in AIT for HSMP renewal cases but dont know about ILR cases, discuss with the forum. any assistance and determinations etc given to your legal team or you if self representing in AIT and for others legal cases will be done for free but if you win case please help others by giving your AIT determination (anonymised as needed) to the forum so that others can be helped as well. people have won HSMP cases in AIT without lawyers by self representing based on the advice and support given by the forum!!! those willing can donate for their JR

[vinay shanthi]

hi everybody,

from tomorrow we must try to put this news on tv(asian/other tv channel's in uk and 5 major UK network's sky news, bbc news, itv news, channel 4 news, channel 5 news) radio channels including talk show's, news papers

if we can we must get some air time with George Galloway MP on his radio show on talk sport
he will surely support us

Amit is asking =

'People with good background and spoken english who are interested in giving interviews to the media about their hardship due to the changes please email me your details at amitkapadia@yahoo.com ASAP.'

Please email him everybody

if you know somebody in media(tv, radio, news papers) email amit also
some how we must put hsmp's on every tv channel, radio channels etc

also write to your local MP about the report from tomorrow if your hsmp.
maybe, we can also have a rally and meeting

any other idea's ? please post

[vinay shanthi]

see the link for the official report here.

official report of parliamentary joint committee

see this http://www.publications.parliament.uk/p ... /17302.htm

"In the Committee's view, the effect of the changes on those who came to the UK under the Highly Skilled Migrants Programme (HSMP) of 2002 raises a significant human rights issue about compatibility with the right to respect for home and family life (paragraphs 1 -4)."

"The Committee concludes that the changes to the HSMP are clearly not compatible with the right to respect for home and family life under Article 8 ECHR and contrary to basic notions of fairness. It recommends that the Immigration Rules should be amended so that the changes apply only prospectively, that is to future applicants to the HSMP, and that those already granted leave to remain under HSMP when the relevant changes took effect should be treated according to the rules which applied before those changes (paragraphs 27 - 51)."

"The Committee recommends acceptance by the Government that it does not have unfettered power to make changes to the Immigration Rules which engage Convention rights and would interfere with a right, that such changes should be prospective only, and that changes to the Immigration Rules should always be accompanied by a statement as to their compatibility with the ECHR (paragraphs 52 -56)."

"The changes to the Rules are so clearly incompatible with Article 8, and so contrary to basic notions of fairness, that the case for immediately revisiting the changes to the Rules in Parliament is in our view overwhelming. (Paragraph 50)"

"We therefore recommend that the Immigration Rules be urgently amended so that both the lengthening of the qualifying period for settlement and the introduction of stricter requirements for the extension of leave apply only prospectively, that is, to future applicants to the HSMP. We recommend that those who had already been granted leave as a highly skilled migrant on the HSMP when the relevant changes took effect should be treated according to the rules which applied before those changes. (Paragraph 51)"


three cheers to the hard work put in by the committee members and also for all the people who made this report possible and www.hsmpforumltd.com and also www.vbsi.org.uk .

see the full report for details

bye vinay shanthi

[vinay shanthi]

hi everyone

see the news articles relating to the uk parliamentary joint committe report on human rights and HSMP visas and retrospective legislation

times http://www.timesonline.co.uk/tol/new...cle2224572.ece

bbc http://news.bbc.co.uk/1/hi/uk_politics/6937329.stm

gaurdian http://www.guardian.co.uk/immigration/s ... 99,00.html

http://www.guardian.co.uk/guardianpolit ... 35,00.html

hope people use all their contacts with media to get saturation coverage for the joint committee report

full report of committee http://www.publications.parliament.uk/p ... /17302.htm

summary report http://www.publications.parliament.uk/p ... /17303.htm

conclusions of the report http://www.publications.parliament.uk/p ... /17308.htm

committee recomendations for future immigration law changes http://www.publications.parliament.uk/p ... /17307.htm


but cant find anything on this yet (02:45am on 9.8.07) on skynews website http://news.sky.com/skynews/home , can someone with the right connections get moving on this front please.
nothing yet on the following news websites could someone get moving on this front please. we need total saturation coverage on this ASAP on the following websites as well.

http://www.channel4.com/news/uk

http://www.reuters.com/

http://observer.guardian.co.uk/uk_news/

http://www.independent.co.uk/

http://www.telegraph.co.uk/news/index.jhtml

http://www.thesun.co.uk/section/0,,2,00.html

also contact as many newspapers you can on this link through which you can get details of all the worlds papers !!! http://www.thebigproject.co.uk/news/index.htm

all individuals and organisations please help with the publicity needed for this report....

- write to your Councillors, MP, MEPs, MSPs, or Northern Ireland, Welsh and London AMs for free about this using http://www.writetothem.com/

- write to your embassies and governments of your home country to ensure that pressure is brought on the UK government http://www.fco.gov.uk/servlet/Front?pag ... 7029396086

- also write to international organization of migration to write to uk govt to safegaurd rights of immigrants. http://www.iom.int/jahia/Jahia/pid/1

-write to the european parliament via your EU parliament members or directly http://www.writetothem.com/

-write to overseas indians facilitation centre of indian govt on http://www.oifc.in/

-write to the world trade organisation which has a disputes resolution mechanism under WTO GATS4 clauses protecting foreigners in other countries http://www.wto.org/ or http://www.wto.int/

-write to venice commission of council of europe which deals with human rights issues http://www.venice.coe.int/site/dynamics ... ef.asp?L=E

-write to council of europe http://www.coe.int/T/E/Com/About_Coe/Me ... efault.asp

-write to the european commission http://ec.europa.eu/index_en.htm

-write to the european parliament http://www.europarl.europa.eu/news/publ ... ult_en.htm

-write to the common wealth human rights initiative http://www.humanrightsinitiative.org/ and also at http://www.amnesty.org.nz/commonwealth

-write to the commomwealth secretariat in london http://www.thecommonwealth.org/

-write to all top indian websites and organisations which ever suitable http://www.thebigproject.co.uk/in/index.htm

-write to all radio stations http://www.windowsmedia.com/Mediaguide/Radio

-write to blogspots, websites, anyone and everyone that influences public opinion

please help in anyway you can. the more the people and organisations writing to all the above mentioned links the more the chances we will succeed.

remember the fight is not yet, over it has just begun. we still need to see that retrospective legislation does not affect our human rights. until the uk govt backtracks on this the legal challenge continues so please keep donating for legal challenge on www.hsmpforumltd.com and www.bapioaction.moonfruit.com and www.vbsi.org.uk

anyone willing to eloquently speak or write to the media about your hardship stories due to these retrospective legislation please contact ASAP to amitkapadia@yahoo.com or doctors if you cannot contact him then contact me.

doctors affected by HSMP refusals due to NARIC assessments saying MBBS not of adequate standard even though GMC recognised and working in NHS, please contact with your hardship stories ASAP. without media attention NARIC and home office will not budge. we need to tighten the screws and get more media attention.

have a nice day

vinay shanthi
www.bapioaction.moonfruit.com

ps: the links will prove useful for the justice for Mr Rajendra Chaudarys appeal against discrimination caused by calman changes as well. see details on website www.chaudhary.uni.cc

[vinay shanthi]

Re: joint committee report. news articles. what needs to be done


more article's : Enjoy ! these links work

http://timesofindia.indiatimes.com/UK/I ... 266544.cms

http://www.londragazete.com/popup.php/c ... glish_News

http://www.epolitix.com/EN/News/200708/ ... 48375b.htm

http://www.telegraph.co.uk/news/main.jh ... nts109.xml

http://uk.reuters.com/article/topNews/i ... 8320070809

http://www.ekklesia.co.uk/node/5549

http://itn.co.uk/news/8ebd027e750985ef9 ... 5bfa6.html

http://www.adfero.co.uk/newsmanagement/ ... 120727.htm

http://www.metro.co.uk/news/article.htm ... page_id=34

http://www.egovmonitor.com/node/13631

http://www.dailymail.co.uk/pages/liv...n_page_id=1770

some sites are reporting 'New immigration rules' ? ? ?

http://www.channel4.com/news/articles/u ... ful/662852

source greenbird @ www.hsmpforumltd.com

everyone keep trying to get more media involved through any contacts

[olisun]

DONT NOT DONATE TO hsmpforum www.hsmpforum.com that is the old forum the barclays bank account is in a few individuals names and they are presently not releasing money for JR.

Why did the old hsmp forum split into 2 forums?

[vinay shanthi]

DONT NOT DONATE TO hsmpforum www.hsmpforum.com that is the old forum the barclays bank account is in a few individuals names and they are presently not releasing money for JR.

Why did the old hsmp forum split into 2 forums?

check out the detailed discussions on both the new and old forums. waste of time repeating it here. so please check out the discussions over this on new forum. legal efforts are underway as far as i am aware to get the funds stuck in barclays bank account controlled by some individuals on old forum and not being released presently for JR. funds were collected initially by the old forum which clearly mentioned on their website about fund collection for JR. now conveniently the old forum has deleted all reference to the JR in the fund collection drive on the old forum website. witnesses who have contributed to old forum will back this. ask people who contributed to old forum account and later banned from old forum for asking queries regarding money. the new forum is owned by the UK registered limited company and so is the new bank account so that there is accountability. see new forum on www.hsmpforumltd.com

[olisun]

DONT NOT DONATE TO hsmpforum www.hsmpforum.com that is the old forum the barclays bank account is in a few individuals names and they are presently not releasing money for JR.

Why did the old hsmp forum split into 2 forums?

check out the detailed discussions on both the new and old forums. waste of time repeating it here. so please check out the discussions over this on new forum. legal efforts are underway as far as i am aware to get the funds stuck in barclays bank account controlled by some individuals on old forum and not being released presently for JR. funds were collected initially by the old forum which clearly mentioned on their website about fund collection for JR. now conveniently the old forum has deleted all reference to the JR in the fund collection drive on the old forum. witnesses who have contributed to old forum will back this. ask people who contributed to old forum account and later banned from old forum for asking queries regarding money. the new forum is owned by the UK registered limited company and so is the new bank account so that there is accountability. see new forum on www.hsmpforumltd.com

Thanks for the reply..

Unfortunately there are some kids on the new forum as well who just ban people for voicing their thoughts.

Thank goodness we don't have those here...

[vinay shanthi]

Thanks for the reply..

Unfortunately there are some kids on the new forum as well who just ban people for voicing their thoughts.

Thank goodness we don't have those here...

also there will be an evidence trail for any money transactions through banks in uk and also even if websites are altered subsequently i am sure police has resources to track this down. also attempts at changing the directorship of UK registered companies by falsifying signatures is a serious fradulent activity by certain individuals as i have been made aware by new forum leaders, a few complaints have been registered with the body registering companies in UK by the registered company that runs the new forum, with the body registering companies as there were repeated attempts to hijack the ownership of the www.hsmpforumltd.com i.e the UK registered company that owns the new forum by falsifying signatures and documents as i have been made aware. so it is only a matter of time before the law catches up with those involved in illegal activities, same goes for their associates . time can be a great leveller . remember even if the persons doing this have ILR etc their visas can be revoked for criminal acts when convicted if it gets to that. i hope it gets to that and these people get deported as well. good riddance from these nefarious persons.

[geoffsinclair]

The Joint Committee's report speaks almost exclusively about HSMP and states clearly that the changes to the HSMP rules must be corrected. The Government however will argue that it has an inherent right via the Immigration Act, to make any necessary changes. The fact that there was always a clause in the HSMP which states that a further application is needed to obtain an extension of leave, allows the Home Office to decide on the length of this extended leave - i.e they can change it from 4 to 5 years, thus avoiding retrospective application.

Liam Byrne admits that retrospective application is against the principle of fairness, therefore it seems to me that those who were under a visa category, such as a work permit, may have a more solid argument against retrospective changes to the rules, since those persons entered the UK without an "update" clause, but were lead to believe that making the UK their main home and remaining economically active over a continuous period of 4 years would lead to permanent settlement. This report is an unequivocal victory for HSMP holders, they have been put through too much arbitrary legal nonsense and this will act as a great persuasive tool not only in terms of public perception but also in law and may act as a catalyst for the Home Office to repent for its sins (thought I wouldn’t bet on it).

My sincerest hope is that VBSI continues to argue for the position against the ILR 4 to 5 rule changes as this encompasses all employment related categories, as mentioned in the report Para 17, including HSMP. Those entering the UK on an employment related category prior to 2006 should not be subjected to retrospective application of the law. I am in agreement with the argument put forward by the Dismore Chaired Committee, stating that it contravenes the Article 8 (ECHR) right to private and family life.

[vinay shanthi]

The Joint Committee's report speaks almost exclusively about HSMP and states clearly that the changes to the HSMP rules must be corrected. The Government however will argue that it has an inherent right via the Immigration Act, to make any necessary changes. The fact that there was always a clause in the HSMP which states that a further application is needed to obtain an extension of leave, allows the Home Office to decide on the length of this extended leave - i.e they can change it from 4 to 5 years, thus avoiding retrospective application.

Liam Byrne admits that retrospective application is against the principle of fairness, therefore it seems to me that those who were under a visa category, such as a work permit, may have a more solid argument against retrospective changes to the rules, since those persons entered the UK without an "update" clause, but were lead to believe that making the UK their main home and remaining economically active over a continuous period of 4 years would lead to permanent settlement. This report is an unequivocal victory for HSMP holders, they have been put through too much arbitrary legal nonsense and this will act as a great persuasive tool not only in terms of public perception but also in law and may act as a catalyst for the Home Office to repent for its sins (thought I wouldn’t bet on it).

My sincerest hope is that VBSI continues to argue for the position against the ILR 4 to 5 rule changes as this encompasses all employment related categories, as mentioned in the report Para 17, including HSMP. Those entering the UK on an employment related category prior to 2006 should not be subjected to retrospective application of the law. I am in agreement with the argument put forward by the Dinsmore Chaired Committee, stating that it contravenes the Article 8 (ECHR) right to private and family life.

the UK is a signatory to the european convention on human rights and it is a binding convention and it superceeds any provisions in uk law violating humanrights of immigrants or anyone else with retrospective laws. this is a separate recourse outside of UK courts as well. see my posts on www.vbsi.org.uk about international conventions protecting migrants also see vbsi submission to parliament document. this option is on the cards as well for future legal action if the govt does not back down following the report.

another option is house of lords appeals if the JRs by www.vbsi.org.uk and www.hsmpforumltd.com and www.bapioaction.moonfruit.com fail in courts and appeal courts as well.

people on workpermits will have protection under WTO GATS4 agreements and dispute resolution system as well. this is being explored as well.

the uk is also a member of the international organization of migrants. this has a separate disputes resolution system, think affiliated with UN. but am not sure if the uk has signed up to that bit of it. this option is also being explored at the moment for future legal action.

so all our cards have not been dealt. so keep the faith and get people to contribute for legal action.

preliminary discussions are also underway to form a separate defense union / employment disputes insurance scheme for immigrant doctors as many feel let down by the present system. even underwriter approval has been got for a proposal, but bigger plans are afoot on this front but all this will take time. same discussions are underway for a separate trade union for immigrant doctors. but these plans will take a long time to bear fruit. no reason why the immigrant labour market should not get organised and fight for our legitimate rights and expectations by forming a trade union as well ! lets see what happens to the discussions regarding these by immigrant doctors organisations. hopefully sometime in the future this will become a reality.

have a nice day