Immigration rule change 'illegal'

[jwalker]

HSMP rule change was scrapped by High court today, :

http://news.bbc.co.uk/1/hi/uk_politics/7336360.stm

[peter786]

Does it mean that HSMP people who got visa on old rules can apply for for ILR after 4 years??

[Siggi]

No the five year rule will remain.

[Gravitational pull]

No the five year rule will remain.

Really? The ruling says

“the old scheme constituted an integrated and entire programme and that it was not open to the government to alter the terms and conditions upon which the pre-arranged stages were to be implemented.â€

[Sushil-ACCA]

THOSE who have not applied till now

those are fighting court case will get benefit if ho fails to appal it

those already got extn means they have accepted alternative to old scheme all parcel of new scheme will apply to them

[Siggi]

Past experiences have proved that the HO fights tooth and nail to enforce what they want.

In general the HO game is to drag the fight out for as long as possible, using alsorts of dirty tricks.(Defence team asking for more time to perpare or losing documention)We have heard it all in the last year with how many JR.

In the end it becomes a waiting game and those who are effected, either have to apply for extentions to exsisting visa's or run the risk of becoming overstayers.

The only final out come is the HO wins and immigrants lose.

[Papafaith]

Even in the face of a high court victory saying they can not appeal? I dont think so, they have lost this one.

[jei2]

THOSE who have not applied till now

those are fighting court case will get benefit if ho fails to appal it

those already got extn means they have accepted alternative to old scheme all parcel of new scheme will apply to them

Can this be right? This seems a bit like putting a gun to someone's head and saying that they have the right to die.

Ok its an OTT analogy but you know what I mean..

[shokishoki]

I may be wrong but I suspect Liam Byrne and his cohorts know they are unlikely to win an appeal against this ruling. We will have to wait and see the full judgement and the Government's response before there is clarity on the possibility of applying for ILR after 4 years. I am fairly certain that the Home Office may attempt delay tactics and try and appeal anyway like the Department of Health has done with HSMP doctors applying for NHS training jobs. However my personal opinion is that they will now rush changes through in Parliament making it more difficult to make the transition from ILR to UK citizen. Needless to say if a legal challenge needs to be mounted to force the Home Office to comply with all aspects of the ruling including the granting of ILR after four years In summary I hope this judgement serves to renew our faith in the UK legal system and serves as a reminder to the Government that you cannot flagrantly bully and cheat honest hard working tax paying people simply because they are "Non-EEA Nationals"

[thirdwave]

I may be wrong but I suspect Liam Byrne and his cohorts know they are unlikely to win an appeal against this ruling. We will have to wait and see the full judgement and the Government's response before there is clarity on the possibility of applying for ILR after 4 years. I am fairly certain that the Home Office may attempt delay tactics and try and appeal anyway like the Department of Health has done with HSMP doctors applying for NHS training jobs. However my personal opinion is that they will now rush changes through in Parliament making it more difficult to make the transition from ILR to UK citizen. Needless to say if a legal challenge needs to be mounted to force the Home Office to comply with all aspects of the ruling including the granting of ILR after four years In summary I hope this judgement serves to renew our faith in the UK legal system and serves as a reminder to the Government that you cannot flagrantly bully and cheat honest hard working tax paying people simply because they are "Non-EEA Nationals"

I think this judgement would strenghten VBSI's ILR 4-5 year appeal (if they are planning one)

My guess is that the HO would grant HSMP extensions to most individuals who fail to qualify under the point system but would fight tooth and nail to retain the 5 year ILR rule as losing it would undo most of the immigration 'reform' that has happened under Byrne..

[tobiashomer]

However my personal opinion is that they will now rush changes through in Parliament making it more difficult to make the transition from ILR to UK citizen.

I too fear this will be the result, thus shafting those who already have ILR (having survived 4-to-5 and PBS) and were hoping to qualify for naturalisation under the current rules.

defeat once more snatched from the jaws of victory.[/quote]

[ibo]

It is indeed a historic day. I hope that everything goes right and HO realizes its mistake and does not complicate it further by appealing or by some delaying tactics.

[Siggi]

I notice in the article, it mentions that

"the Government are considering an appeal against the ruling"

So they will be using the tried and tested method of delay tactics.

[burgerse]

I believe I read that the government has indicated that they accept the ruling and will not appeal.

What I would like to know is whether anyone is planning to appeal against the ILR 4-5 JR ruling? Since the HSMP ruling stated that the retrospective nature of the change was unlawful, I would expect that it should be relevant ILR too. Especially those who already had a 3 year extention on HSMP which would have lasted until the original 4 year ILR requirement.