Cap deemed unlawful .... but lawful again with new limit

clippedw · Post by **clippedw** » Fri Dec 17, 2010 3:57 pm

http://www.bbc.co.uk/news/uk-politics-12022613

What does this mean for us then i wonder?

smiles345 · Post by **smiles345** » Fri Dec 17, 2010 4:20 pm

what a great news

Post by **geriatrix** » Fri Dec 17, 2010 4:52 pm

The ruling offers a respite (perhaps temporary) from the immigration cap until such time that the loophole is plugged through parliamentary approval.

Please note that the court ruled that the cap was unlawful because of a technicality (parliamentary scrutiny not undertaken before introducing the cap) and not because the government cannot undertake such measures.

regards

Nicky09 · Post by **Nicky09** » Fri Dec 17, 2010 5:00 pm

But I wonder what it means for those of us applying for CoS now, before April 2011?..

umb · Post by **umb** » Fri Dec 17, 2010 5:12 pm

Also another question is what is the status of people whose applications were rejected because of this 'unlawful' cap and what should they do now?

arsenal49 · Post by **arsenal49** » Fri Dec 17, 2010 7:06 pm

sushdmehta wrote:The ruling offers a respite (perhaps temporary) from the immigration cap until such time that the loophole is plugged through parliamentary approval.

regards

could you guesstimate the time it would require government to get parliamntry approval. thanks

ps. will it be before long-term limit come into force?

clippedw · Post by **clippedw** » Fri Dec 17, 2010 7:08 pm

Nicky09 wrote:But I wonder what it means for those of us applying for CoS now, before April 2011?..

I'm wondering the same...

arsenal49 · Post by **arsenal49** » Fri Dec 17, 2010 7:14 pm

clippedw wrote:
Nicky09 wrote:But I wonder what it means for those of us applying for CoS now, before April 2011?..
I'm wondering the same...

me too:)

bobtail · Post by **bobtail** » Fri Dec 17, 2010 7:39 pm

Could this possibly mean that the CoS allocation will be available online and not through the special form requests? Hm. That'd be brilliant.

I hope someone will have some info very soon.

Fingers crossed everyone.

pricesoft · Post by **pricesoft** » Fri Dec 17, 2010 9:44 pm

Interesting developments ...

Is the ruling effective immediately, or is it subject to the UKBA/HO deciding whether or not to appeal the decision? My concern is that should the UKBA find grounds to appeal and decide to do so, they will want to delibrately drag out the legal process until April when the permanent cap comes into force.

It will also be very interesting to know what this means for CoS applications that had been refused by the UKBA between July 19 when the temporary cap was introduced till date. My employer have applied unsuccessfully for an additional CoS on 3 occasions.

Talking about a government keen on cutting cost and bureaucracy - the UKBA have invested so much time and resources in ensuring that this "unlawful" temporary limits were put in place and now that is potentially looking like another waste. Like the moderator pointed out, it's fair enough that the government is lawfully able to introduce such measures, but how about getting things done properly?

bobtail · Post by **bobtail** » Sat Dec 18, 2010 12:02 am

This decision has got immediate effect as much as I can see on News websites.
HO will probably appeal against it, but I personally think there's no point for doing that as it's gonna take a long time, so they might as well calm down and wait until April.

I knew Theresa May wasn't the nicest person, but this just confirmed my thoughts.
So glad she got blamed. Ha ha.

Basically, if the interim cap doesn't exist anymore, means we should be able to get our CoS quick and easy over the SMSystem. *fingerscrossed* HO doesn't find a way round providing the service.

arsenal49 · Post by **arsenal49** » Sat Dec 18, 2010 1:28 am

before the caps were introduced, how many COS were granted to new sponsors? any one knows?

did they need to apply for COS even then, or were they given x number of COS straight away?

regards

Post by **geriatrix** » Sat Dec 18, 2010 5:38 am

The govt. doesn't need an act of parliament to introduce such immigration policy changes. Delegated or secondary legislation allows the Government to make changes to the law using powers confered by an Act of Parliament.

Negative Statutory Instruments (a type of delegated legislation) become law without a debate or vote, but can be annulled by a resolution of either House of Parliament. Such a resolution (to annul) must be passed within 40 days of the instrument being laid.

You may see the interim limit become lawful before the parliament breaks for Christmas holidays on 20-Dec.

Judicial review on interim limit wrote:'Today's judgment will have no impact on the permanent limit on non-European workers the government will introduce next April.

'This ruling is about process, not policy - the policy of having a limit has not been found to be unlawful.

'The court's ruling rests on a technicality. We will set this right in the next few days to ensure we can continue to operate an interim limit.

regards

mulderpf · Post by **mulderpf** » Sat Dec 18, 2010 5:45 am

sushdmehta wrote:You may see the interim limit become lawful before the parliament breaks for Christmas holidays on 20-Dec.

I think you mean 21 December? I hope they don't have enough time to fix it

SSEF · Post by **SSEF** » Sun Dec 19, 2010 8:49 pm

http://www.ukba.homeoffice.gov.uk/sitec ... erim-limit

I would imagine that they will rectify this ASAP as stated:

The court's ruling rests on a technicality. We will set this right in the next few days to ensure we can continue to operate an interim limit.

clippedw · Post by **clippedw** » Tue Dec 21, 2010 11:24 am

http://www.ukba.homeoffice.gov.uk/sitec ... losure-ove

Post by **vinny** » Tue Dec 21, 2010 11:29 am

tier 1 general closeure for oversease from 23 dec 2010

clippedw · Post by **clippedw** » Tue Dec 21, 2010 12:17 pm

vinny wrote:tier 1 general closeure for oversease from 23 dec 2010

Ahh thanks

Nicky09 · Post by **Nicky09** » Tue Dec 21, 2010 3:20 pm

I wonder if anyone can clarify the Statement of changes
(http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)

63B. The Tier 2 Interim Limit is 10,832.
63C. The Tier 2 Interim Limit applies in the period from 21 December 2010 until 5 April 2011
(inclusive).

63D. The Tier 2 Interim Limit consists of:
(i) The number of Certificates of Sponsorship to be assigned by the Secretary of State to a Sponsor in
accordance with paragraph 63F below; and
(ii) The number of Certificates of Sponsorship not assigned to Sponsors pursuant to paragraphs 63D(i) and
63F, but available to be assigned under the Exceptional Consideration Process.

63K. The total number of Certificates of Sponsorship available to be assigned under the Exceptional
Consideration Process is 1,029 as of 20 December 2010

Is this more or less than before? Will it still mean that the cut-off point for non-shortage occupation will be Â£32,000?

bobtail · Post by **bobtail** » Tue Dec 21, 2010 4:03 pm

Nicky09 wrote:
Is this more or less than before? Will it still mean that the cut-off point for non-shortage occupation will be Â£32,000?

More as much as I can see. Previous number was around 2000 per month (on average) and now it's just over 3000.
Don't know bout the exceptional ones, but I thought they were taking the CoS from the limit number, now that I know it's this way... love it. ^^

Now just to get my boss to give me a payrise to at least Â£32k and all sorted. ^_^

PS: I was obviously too happy too soon after reading about the court decision, but hopefully this will be sorted out. I feel for tier 1 people though

Nicky09 · Post by **Nicky09** » Tue Dec 21, 2010 4:08 pm

I wonder if many companies get many of those non-exceptional CoS, AFAIK most were set to 0 in July and now have to apply under exceptional circumstances.

bobtail · Post by **bobtail** » Tue Dec 21, 2010 4:21 pm

"63G. The total number of Certificates of Sponsorship available to be assigned to Sponsors further to paragraph 63D(i) is 9,803 as of 20 December 2010."

Just saw this, so the exceptional ones are indeed taken from the total interim limit number. *drama*
Btw, the whole 63F paragraph looks just terrible. :/

arsenal49 · Post by **arsenal49** » Tue Dec 21, 2010 7:55 pm

bobtail wrote:"63G. The total number of Certificates of Sponsorship available to be assigned to Sponsors further to paragraph 63D(i) is 9,803 as of 20 December 2010."

Just saw this, so the exceptional ones are indeed taken from the total interim limit number. *drama*
Btw, the whole 63F paragraph looks just terrible. :/

hi bob,

psw to tier 2 hopefuls, fall in exceptional category right?

also, you mind directing me to the document you quoted from?

regards

Post by **geriatrix** » Wed Dec 22, 2010 12:40 am

arsenal49 wrote:also, you mind directing me to the document you quoted from?

Statement of changes in Immigration Rules HC 698

regards

bobtail · Post by **bobtail** » Wed Dec 22, 2010 1:34 pm

As sushdmehta said.

Also, it has been added to Appendix A

To your other question, I was never really sure what exactly goes under exceptional consideration. I thought it was for people whose visa is about to expire really soon.
But don't take my word on this one, as I've never thought about that part.

(Who knows, maybe I can apply under that as well. LoL)

Immigrationboards.com: Immigration, work visa and work permit discussion board

Cap deemed unlawful .... but lawful again with new limit

Cap deemed unlawful .... but lawful again with new limit