NEW LAWS JULY 2011

[silversurfer]

The people who entered UK on WP had a legitimate expectation to complete their journey to ILR in 5 years.

Read : 134 Indefinite leave to remain for a work permit holder
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Read : 245E. Requirements for indefinite leave to remain
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Law as in effect when migrants entered on WP or Tier-1 clearly states that ILR will be granted after 5 years of lawfull stay.

The new changes should not be made retrospective.
Same was the case with HSMP JR so why not now?

HSMP holders have proved it and WP holders still have to prove it.

If you followed the citizenship bill progress, govt and opposition accepted the HSMR holders right only because of JR.

I have one million pounds worth question. Why do WP holders not go to court for their rights? If immigration welfare does not go to the court than affected persons should create a separate forum. You do not have hope without winning a JR. Sorry but its true!

AGREED
I AM IN FOR THIS

[erpfresh]

I fail to understand why people hicjak thread.
Discussion takes off somewhere and goes somewhere else.

Before commenting, it would be nice if people read the main heading of the topic, it says "New Laws July 2011"

[silversurfer]

I fail to understand why people hicjak thread.
Discussion takes off somewhere and goes somewhere else.

Before commenting, it would be nice if people read the main heading of the topic, it says "New Laws July 2011"

You got it wrong my friend.
It was not in response to your post else I would have quoted you.
There were some parallel conversations going on the thread.

[erpfresh]

Cheers mate, that's all right

[psdesai]

Hey Guys,

What about people who were on WP on (pre November 2006) and now on Tier 1 but due to qualify in Nov 2010 for ILR?

[dimsav]

What about people who were on WP on (pre November 2006) and now on Tier 1 but due to qualify in Nov 2010 for ILR?

Nov 2010 < July 2011. So, what's the problem? If you have your 5 years done in Nov 2010, just apply for ILR then and get it.

[psdesai]

What about people who were on WP on (pre November 2006) and now on Tier 1 but due to qualify in Nov 2010 for ILR?

Nov 2010 < July 2011. So, what's the problem? If you have your 5 years done in Nov 2010, just apply for ILR then and get it.

Opps (typo) I mean Nov 2011.

Apologies

[dimsav]

Opps (typo) I mean Nov 2011.

Then you'll need to go through a PC stage, unless some further transitional arrangement will be made. I think it depends quite much on who wins the election...

[psdesai]

Opps (typo) I mean Nov 2011.

Then you'll need to go through a PC stage, unless some further transitional arrangement will be made. I think it depends quite much on who wins the election...

thats unfortunate.

Thanks for the reply,

[adil2009]

I heard all the Election parties support the july 2011 Law, is this true ?

[Sky_High]

Yes.

Do not forget that this is the basic law and if you read it carefully you will find that it gives full flexibilty to any party to implement any change at latter stage.

[Pierrot95]

I heard all the Election parties support the july 2011 Law, is this true ?

You should refer to it as the July 2009 Law instead. July 2011 implementation date is just a vague promise and is not mentioned anywhere in the Act, so the next government can implement it earlier.
The situation can only get worse.

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[dimsav]

... in continuation of election and possible changes in immigration rules. According to Sky News comments on the last night debate, all three leaders were all accused of being "removed from the concerns of real people, especially on immigration". Hope, whoever wins will take it on board...

[kps2007]

Hello,

Thanks for all the feedback and ti has been very helpful. I have a quick questions regarding my situation and if some one could answer that would be much appreciated.

I entered UK under HSMP on 25th-June-2007 and currently got an extension under Teir-1 till June-2012 completing my 5 years. Will i be effected with the new rules commencing from 2011?

Kind Regards,
KP

[dimsav]

I entered UK under HSMP on 25th-June-2007 and currently got an extension under Teir-1 till June-2012 completing my 5 years. Will i be effected with the new rules commencing from 2011?

You should have better read the tread more carefully, as such a question has been already answered here and here.

[kps2007]

Hello Sir,

Thanks for your answer to my question but i still did not quite get it. I would blame my lameness for it. Does that mean i will not be effected? I am sure this forum is addressing people with more valuable issue than mine and neither i intend to divert this forum to another dimension. A simple no or Yes would be much appreciated.

Will i be effected or will i not?

Thanks in advance.

Kind Regards,
K

[dimsav]

@ kps2007 :
1) I am not "Sir" (doubt if anyone here is ...)
2) You, as an HSMP holder, will not be affected, as explicitly stated in transitional arrangements (see the 3rd item there).
3) This thread is for the fate of Work Permit holders in view of coming changes. (Others were and still are advised to start a new thread.)

[Pierrot95]

@ kps2007 :
1) I am not "Sir" (doubt if anyone here is ...)
2) You, as an HSMP holder, will not be affected, as explicitly stated in transitional arrangements (see the 3rd item there).
3) This thread is for the fate of Work Permit holders in view of coming changes. (Others were and still are advised to start a new thread.)

dimsav,
I still disagree with you here.
HSMP post Nov 06 signed a form saying that immigration rules are subject to change and they will have to meet the settlement criteria in place when they apply for settlement.
Where does their legitimate expectation to apply for ILR after 5 years come from?

My answer to kps2007 is: Yes you will be affected.

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[Sky_High]

Their is fundamental difference between pre and post Nov-06 HSMP holders. I would say that post HSMP was much more trial version of Tier 1.

Their is also a good news for WP holders. A friend of mine is member of WP Wealfare LTD and he told me that there are huge chances that they will file the JR next week.

[kps2007]

Hello Sky_high and Pierrot95,

I am so confused. I would think HSMP is HSMP pre-Tier1 because i know the UKBIA specifically mention HSMP JR if they had to point just to them.

Could you please shed some more light on this? The site just says the following :

" The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP."


It does not say Its just for HSMP holders who applied before JR review.

Regards,

[manenoor]

Exciting news...

Do you have link of WP Wealfare LTD ?

[silversurfer]

Their is fundamental difference between pre and post Nov-06 HSMP holders. I would say that post HSMP was much more trial version of Tier 1.

Their is also a good news for WP holders. A friend of mine is member of WP Wealfare LTD and he told me that there are huge chances that they will file the JR next week.

WOW
God Bless You!
What an amazing news. I hope and pray for success.

[Sky_High]

Hello Sky_high and Pierrot95,

I am so confused. I would think HSMP is HSMP pre-Tier1 because i know the UKBIA specifically mention HSMP JR if they had to point just to them.

Could you please shed some more light on this? The site just says the following :

" The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP."


It does not say Its just for HSMP holders who applied before JR review.

Regards,

[Sky_High]

Exciting news...

Do you have link of WP Wealfare LTD ?

http://www.immigrantwelfare.co.uk/

I am not their member so do not know hoe to join them.

Best wishes for all of you.

[Pierrot95]

Hello Sky_high and Pierrot95,

I am so confused. I would think HSMP is HSMP pre-Tier1 because i know the UKBIA specifically mention HSMP JR if they had to point just to them.

Could you please shed some more light on this? The site just says the following :

" The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) AND had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP."


It does not say Its just for HSMP holders who applied before JR review.

Regards,

Do you read the "AND" in that statement? What does it mean?

It is clear (at least for me) that:

HSMP holders covered by JR

is strictly equivalent to:

HSMP holders who had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP

The Judicial Review concerned only HSMP pre Nov 06. Of course the government is free to extend it to all HSMP holders. But I think it would be totally unfair to extend it to HSMP post Nov 06 who accepted (by signing the form) that rules might change, and not to WP holders.
I am not saying that HSMP post Nov 06 don't deserve to benefit from these transitional arrangements. I am saying that WP holders have more expectation than them to be protected under new rules.

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