Immigration cap

[aakash.reuben]

Ten of thousands of PSW permit holders are affected by the new rules published by Home Office that came into effect from 19th July 2010.

Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years time fulfilling certain conditions are facing the uphill task of achieving unrealistic earnings or getting disqualified.

The Govt cannot categorically alter those conditions halfway through, based on which the students got their PSW and working towards achieving the tier 1 general visa.

The Govt if they want can implement new conditions from this present date for the issuance of future visas, but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.

It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010 and honours the commitments when they granted PSW visas to the eligible candidates, failing to which all the PSW holders will be compelled to pursue legal remedy and face this unjustifiable act.

Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.

I invite all the PSW holders affected by the new rules and let us form a group and resolve this issue legally. Spread this message and create awareness among the victims and act fast.

[d1o]

Ten of thousands of PSW permit holders are affected by the new rules published by Home Office that came into effect from 19th July 2010.

Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years time fulfilling certain conditions are facing the uphill task of achieving unrealistic earnings or getting disqualified.

The Govt cannot categorically alter those conditions halfway through, based on which the students got their PSW and working towards achieving the tier 1 general visa.

The Govt if they want can implement new conditions from this present date for the issuance of future visas, but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.

It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010 and honours the commitments when they granted PSW visas to the eligible candidates, failing to which all the PSW holders will be compelled to pursue legal remedy and face this unjustifiable act.

Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.

I invite all the PSW holders affected by the new rules and let us form a group and resolve this issue legally. Spread this message and create awareness among the victims and act fast.

I am with you on this, having been affected as well. How shall we proceed people?

[geriatrix]

Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years time fulfilling certain conditions are facing the uphill task of achieving unrealistic earnings or getting disqualified.

Source of such an assurance given by UKBA/UK govt.?

but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.

Do the applicants accept the condition(s) that the immigration rules may change in future and any subsequent applications of extensions will be subject to conditions in force at the time of the application?

It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010 and honours the commitments when they granted PSW visas to the eligible candidates, failing to which all the PSW holders will be compelled to pursue legal remedy and face this unjustifiable act.

Does the policy guidance or the immigration rules state something (now or earlier) that may be used in court as basis of "legitimate expectations"?

Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.

In that case, the policy guidance clearly stated that HSMP migrants would be, in future, subject to the immigrations rules applicable at the time of their initial HSMP application. And that was the very foundation of the legal challenge (legitimate expectation).

Food for thought!


And, please post your queries / messages in the forum appropriate for it.


regards

[nicechap]

Ten of thousands of PSW permit holders are affected by the new rules published by Home Office that came into effect from 19th July 2010.

Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years time fulfilling certain conditions are facing the uphill task of achieving unrealistic earnings or getting disqualified.

The Govt cannot categorically alter those conditions halfway through, based on which the students got their PSW and working towards achieving the tier 1 general visa.

The Govt if they want can implement new conditions from this present date for the issuance of future visas, but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.

It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010 and honours the commitments when they granted PSW visas to the eligible candidates, failing to which all the PSW holders will be compelled to pursue legal remedy and face this unjustifiable act.

Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.

I invite all the PSW holders affected by the new rules and let us form a group and resolve this issue legally. Spread this message and create awareness among the victims and act fast.

Hi Aakash,
Although I am not part of the people that is affected by the PSW to Tier 1 switch but I share your feelings too. It’s not right to change the rule in the middle of the game. My advice for you is to start a new topic/ thread that will 100% discuss this issue alone. Injecting it into the middle of another thread will have little effect/ impact to others that are in the same situation.

[rohitth]

http://www.morningstaronline.co.uk/inde ... full/95368

[rohitth]

http://economictimes.indiatimes.com/new ... 584782.cms

[aakash.reuben]

http://www.Named OISC advisers.com/news/clegg_b ... p2623.html

[rohitth]

The Govt is in dire straits...they are not bothered about multinationals moving out of UK or fresh investments drying out...their only worry is how to fool the ignorant public ...but ultimately now they are facing the music in theHighCourt.

http://www.guardian.co.uk/uk/2010/sep/2 ... mmigration

[rohitth]

Memorandum submitted in Parliament...

http://www.publications.parliament.uk/a ... 61wa17.htm

[imranhameed2000]

When can be thr result of the memo submitted in PArliment is expected..

otherwise can we go to court for our right..i am on PSW and severly efected by drastic new changes.

[Blackwater1]

Wait till 18th November for the moment of truth-
http://www.guardian.co.uk/uk/2010/nov/0 ... -crackdown

[imranhameed2000]

According to Blackwater1 link to theresa may speech i can conclude the following


1. permenant residency will come to an end.
2. there is 90% chance of closing PSW
3. The earning bracket will go up to £40,000
4. Students will get the worst hit.
5. HSMP route will still be there but with very strict criteria.

Please comment on my assumptions. I mean please post some logical posts not like theresa may speech. I am totally aganist this government rubbish measures to cut down immigrants.

Why not cut down the asylum seekers, illegal immigrants, over stayers.
these are the people who are not contributing to the good of this country and on the top also caliming benefits.

Why we get the hit while i am and many of us like me working, paying tax, not caliming any benefits...i Dont understand where is the area that prooves that we are liability to this country.

Please Comment

[geriatrix]

Continue discussion in this topic.