Work Permit & Judicial Review

1273 · Post by **1273** » Sat Jul 11, 2009 4:22 pm

Work Permit Holders through Immigrant Welfare Ltd (www.immigrantwelfare.co.uk) are in discussions to launch a Judicial Review against the Home Office on the following grounds:

1. Legitimate Expectation

2. Restrospective Changes to Immigration Rules

3. Discrimination- on the grounds that a large amount of Work Permit Holders hold similar and in some cases higher qualifications when compared to those on the HSMP; both WP Holders and those on the HSMP are employed in similar jobs, earn similar salaries and pay similar taxes; (some case WP Holders work higher wages and are in more senior posts) and as such should be allowed to apply for ILR as those on HSMP scheme.
The point is WP Holders are discrminated against even though they are similar in many or all forms, and the only difference is the program they are on (WP are sponsored, HSMP are not).

What are your views???

Sky_High · Post by **Sky_High** » Sat Jul 11, 2009 6:41 pm

Most important is what are solicitor/barrester's views?

I am sure for all WP holders its great news. WP holders must win this case to realize HO that WP holders are also important immigrants like HSMP holders. Another important thing is that immigration minster is using last WP JR as strongest argument in debates to implement new laws Restrospectively.

Do you know when they are planning to file the case? A lot of affected people have already completed the 5 year mile stone.

Sky_High · Post by **Sky_High** » Sat Jul 11, 2009 6:50 pm

Sky_High wrote:Most important is what are solicitor/barrester's views?

I am sure for all WP holders its great news. WP holders must win this case to realize HO that WP holders are also important immigrants like HSMP holders. Another important thing is that immigration minster is using last WP JR as strongest argument in debates to implement new laws Restrospectively. So HO must lose this case

Do you know when they are planning to file the case? A lot of affected people have already completed the 5 year mile stone.

9588 · Post by **9588** » Sat Jul 11, 2009 10:02 pm

if HSMP won their case against the HO , i don't see any reason why WP holders cannot.
the only thing is i m not an expert in legal term. so best i can suggest is seek the right legal personnel for this particular case.
why not contact those lawyers who dealt with the case for HSMP??

justice_will_reign · Post by **justice_will_reign** » Sat Jul 11, 2009 10:55 pm

9588 wrote:if HSMP won their case against the HO , i don't see any reason why WP holders cannot.

... it will be wrong to just say that, what you need to consider first is what HSMP policy says for people at various stages they actually applied and what WP policy say. HSMP won their JRs base on those policy and not just on assumptions and emotions. Court will only consider how HO has behaved and if they've worked around the policy that is in place for WP and if there has been any bridge of such. As much as I agree with this fight against injustice, I will strongly advice that you seek advice from solicitors an study critically what WP policy says and how best to tackle HO using those policy for any loop hopes. So don't just base your fight on moral injustice or how HSMP won their own JRs.

AntCoe · Post by **AntCoe** » Thu Oct 29, 2009 9:45 am

What about UK ANCESTRY VISA holders. We have the same argument as those on WP and HSMP...are we included??

1273 · Post by **1273** » Wed Nov 25, 2009 12:15 am

There is news that a judicial review will be lodged next week for Care workers seeking indefinate leave.

I have not heard anything of the Immigrant Wefare Judicial review on behalf of work permit holders and ancestory visa holders... Have anyone heard anything?

AntCoe · Post by **AntCoe** » Wed Nov 25, 2009 4:48 pm

Progress Update 25 Oct 2009

Progress Update:

25 Oct 2009

Our team has been searching for other ways to proceed, after our solicitor did not give us a positive response. According to our solicitor we needed "A Substantial Evidence" to prove the case around legitimate expectations. The clause on the back of the workpermit was not enough. For that we were looking for a policy document for the work permit holders (something similar to HSMP) that clearly stated the conditions around getting the ILR. So far we had been unsuccessful. We also requested our forum members to look for something similar but no one came back with any concrete evidence.

Our FINAL Current Options are as follows:-

1) We are meeting with another Solicitor that a contact from the forum recommended to us recently. According to our forum member, the solicitor is willing to move forward with our case. The meeting with the solicitor is setup for Tuesday this week around 6pm afternoon in London. If any one is interested in attending please email us on steeringcommittee@immigrantwelfare.co.uk and we will accept requests on first come first served basis.

2) Based on his feedback we will let you know if its worth proceeding with this FIGHT any longer or not.

3) At the time if we feel we have exhausted all our efforts we will send details around closing the company OR requesting our PAID members to take ownership of the directorship of the company. Anish and I will then stepdown and new members for directorship will be selected on merit basis by the steering committee.

Watch out for further Updates and we apologize sincerely for the delay.

Thanks for all your support.

Salman & Anish

AntCoe · Post by **AntCoe** » Wed Nov 25, 2009 4:55 pm

Immigrant Welfare has received little to no information from their "paid members" to gather strong evidence.

Perhaps they should now extend their request for help to non-members. Maybe they will get the information/policy documents they need from them.

So, if anybody has strong evidence, please hand them over.

1273 · Post by **1273** » Wed Jan 06, 2010 8:23 pm

Its been a couple of months since Immigrant Welfare Limited said they were in discussion with barresters to determine whether they could file a judicial review on behalf of work permit holders who were granted leave prior April 2006.
Still nothing has been said. Have they given up? Is there a case? Is the cause lost?

AntCoe · Post by **AntCoe** » Fri May 28, 2010 10:43 am

Whats the deal with "insurance"

does it mean IW's case is funded??

1273 · Post by **1273** » Wed Jun 16, 2010 8:50 pm

I would like to know if Judicial Review has started. If so what stage is it at?

tom_hungston · Post by **tom_hungston** » Thu Jul 15, 2010 5:17 pm

AntCoe wrote:Whats the deal with "insurance"

does it mean IW's case is funded??

Yes it is funded by the forum members and it is backed up by Insurance company if they're unsuccessful. (in my opinion.)

1273 · Post by **1273** » Thu Jul 15, 2010 5:42 pm

Has the JR been launched yet?

Sky_High · Post by **Sky_High** » Thu Jul 15, 2010 6:35 pm

1273 wrote:I would like to know if Judicial Review has started. If so what stage is it at?

Sleeping stage mate!

You know what? Govt imposed some funny laws on English schools last year. They have gone to court and last week they have won the case.

I would not recommend to have any high hope with this JR.

Sky_High · Post by **Sky_High** » Sat Jul 17, 2010 2:45 pm

By the way, their website says that JR has been launched.

AntCoe · Post by **AntCoe** » Mon Jul 19, 2010 3:28 pm

Its a shame that they didnt include those that were given 4 year visas in general.

They are only fighting for those that were given 4 year visas AND entered the uk before April 2006.

those that were given 4 year visas prior to april 2006 BUT only entered after April 2006 are forgotten souls.

my 4 year visa was approved in March 2006 but i only entered in May 2006.....so sad....i would have loved to contribute some money to the course!!!

anybody out there with the same story?? i had the same legitimate expectation as those who entered before April 2006. ie. to qualify for ILR in May 2010

Sky_High · Post by **Sky_High** » Mon Jul 19, 2010 6:32 pm

AntCoe wrote:Its a shame that they didnt include those that were given 4 year visas in general.

They are only fighting for those that were given 4 year visas AND entered the uk before April 2006.

those that were given 4 year visas prior to april 2006 BUT only entered after April 2006 are forgotten souls.

my 4 year visa was approved in March 2006 but i only entered in May 2006.....so sad....i would have loved to contribute some money to the course!!!

anybody out there with the same story?? i had the same legitimate expectation as those who entered before April 2006. ie. to qualify for ILR in May 2010

Why did they exclude you? Is it not when you got entry clearance rather than entered the country? I think if they win the case you will have the same right to apply after 4 years.

Also see the other side of pic. By the time they get decisioin and HO publishes form etc, it will be May 2011.

AntCoe · Post by **AntCoe** » Tue Jul 20, 2010 9:34 am

i was chatting to Salman and Anish via email and they said that only those who entered before April 2006 would be considered.

1273 · Post by **1273** » Mon Jul 26, 2010 9:12 am

How long does this Judicial Review takes? 6 months, 1 year, 2 years?

Post by **geriatrix** » Mon Jul 26, 2010 12:19 pm

People .... please refrain from chattering on this forum about the other organisation and their activities. The organisation in question has a forum of its own which you may subscribe to discuss their plans and/or ongoing activities.

Please stick to immigration queries in this forum.

regards

noor1034 · Post by **noor1034** » Mon Nov 08, 2010 10:18 pm

Anyone have update on work permit JR ?

bangashk · Post by **bangashk** » Tue Nov 09, 2010 3:44 pm

any updates on JR?

AntCoe · Post by **AntCoe** » Tue Nov 09, 2010 3:52 pm

12 October 2010 : Home Office Submits Counter Argument to Court

All,

Today we recieved email from Tony with details of Home Office's counter response to our arguments. Both arguments will now be evaluated by the High Court Judge now and we look forward to next steps......

The game is now on......The copy of home office arguments can be downloaded if you become a member....

26 October 2010 : Court Reply

I am afraid as speculated by our legal team in advance the permission is refused i.e. we dont have enought grounds to get permission to lodge the JR. Now our team have 7 days to appeal to pick this case up.

avjones · Post by **avjones** » Tue Nov 09, 2010 7:09 pm

AntCoe wrote:
26 October 2010 : Court Reply

I am afraid as speculated by our legal team in advance the permission is refused i.e. we dont have enought grounds to get permission to lodge the JR. Now our team have 7 days to appeal to pick this case up.

That means they intend to file and serve grounds of renewal. The case will then have an oral permission hearing at the RCJ.

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