PSW Group vs UK Govt - Legal Remedy

[aakash.reuben]

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.

I really wonder why lot of people suffer silently, when there is an option to take this matter to the judiciary, individually or collectively. It is a clear case of breach of rules on the part of the Govt and it doesn't stand a chance when the issue is taken to the court.

We have formed a group to fight this injustice in the court of law and will come out successfully as did the HSMP group won against the Govt last year and ours is a similar case.

I invite all the PSW victims to join the Group at http://psw.groupbox.com and find a legal remedy.

Aakash.

[askhan]

I agreed, but can you please tell me how to join on that link it asking me to create new group do i need to make another group, if you have any group opened please send me the invitation.

[rizwan567]

Akash, You guys do not a chance and neither leg to stand on. I am not a legal person but the stats are clear to understand.

On what basis are you mounting this challence. It is/was only published that PSW holder can switch to other immigration categories provided they meet the published critera (at the time of their future application). By awarding PSW visa, govenment does not bind her in a contract to keep the HSMP option open for such applicant. And if she does could you please prove? Could you please highlight here the wording of relevant promise by UKBA on which you relay to claim? I am much interested to read and analyse that.

By the way, when you guys got PSW the requirement for HSMP/Tier 1 General was masters degree and now its Bachelors? What do you say about it? And Government reserves the right to close immigraiton at any time they feel that new migrants are not required.

For HSMP it was different they were already in the scheme and on board on HSMP visa. And the rules for extension where changed during theri stay in the UK in the same visa category. This is what their claim was based on. Which was fair enough.................

After loosing first case to HSMP group in March 2008, UKBA specifically added this paragraph on the declaration pages of thier PBS application forms:

I am aware that the rules and regulations governing points based system applications may change in the future and do not assume that the requirements covering any future applications will be the same. For more details read section 5 (applicant declaration) of Tier 1 PSW form. Which you signed before entering the scheme.

You have already agreed to the above even before getting PSW.....so on what basis you are claiming now?????????????????

however my well wishes are still with you guys... may you win this case and set example for UKBA to think even 10 times before making any further changes to their own created immigration schemes in their own country.

Also please dont forget to add this clause in your claim that when you guys entered in PSW scheme the initial visa was awarded for 3 years, as per 6 April 2010 which they have unlawfully changed to 2 years now....

[aakash.reuben]

Hi Askhan,

You can join the PSW group at http://psw.groupbox.com

Aakash.

[geriatrix]

Please continue posting on the topic at one place, and in the appropriate forum (Tier 1 PSW).


regards