5 years for ILR rule implemented

andhraguy · Post by **andhraguy** » Mon Mar 13, 2006 11:51 pm

I have sent an email couple of hours back .

I felt that it is a good idea to convey our concerns to Home Office directly. Please post the replies you heard from HO.

ppron747 · Post by **ppron747** » Tue Mar 14, 2006 2:30 am

tt wrote:That's interesting about the use of the royal prerogative here. As far as I understand it, biometric passports are also being "legislated" under Royal Prerogative (by way of Order in Council - here, not the sort made in accordance with an Act of Parlt).....

Passports have always been issued in exercise of the Royal Prerogative. It is the fees that have been regulated by Orders in Council, not the issuing. I don't think anything has changed on this score with the introduction of biometric passports, except that new fees have been introduced.

Leaving that aside, I share everyone's dismay on the change in ILR rules, and I think IND are making a rod for their own backs. I wonder if the "legitimate expectations" argument might have any potential? I do hope so.

One or two people have mentioned the possibility of the requirements for naturalisation also being changed. It is an understandable concern, but I wonder whether IND would think it is necessary: it seems to me that it is a done deal....

The present residence requirement (for someone who isn't married to a Brit cit) is 5 years, of which the final year has to be without time limit. So the new ILR rule - for many people anyway - means that the naturalisation residence requirement will effectively go up to six years. Their first year will count towards ILR, but will have no relevance to their naturalisation. The first day of their second year will be when the countdown to qualification for naturalisation starts. If they were to decide that a "proper" amendment to the naturalisation residence requirements is desirable, that would take an Act of Parliament. There is a Bill (The Immigration, Asylum and Nationality Bill) going through Parliament at the moment. It doesn't seem to have any clauses that would affect naturalisation in this way, and I don't know enough about parliamentary procedures to know whether it is feasible for the government to stick a couple of extra clauses in it at this stage, or whether it is now too late.

Post by **JAJ** » Tue Mar 14, 2006 3:00 am

ForeignMan wrote:they are also considering changing the nationality period to 2 years on ILR. But I haven't read this anywhere myself so coud be wrong about it.

That would require a change to the British Nationality Act 1981. Not impossible but harder than changing the Immigration Rules.

Post by **JAJ** » Tue Mar 14, 2006 3:18 am

mariosh05 wrote:Guys,

Instead of complaining on this web site, I think all of us should do something about this unfair regulation. For example, I suggest to send an email to indpublicenquiries@ind.homeoffice.gsi.gov.uk complaining about the new rule. I've just already done. If IND receives hundreds or thousands of complaints, maybe they will reconsider their decision.

Probably more productive to write to one's Member of Parliament, especially if a Commonwealth citizen (as you have the right to vote).

timefactor · Post by **timefactor** » Tue Mar 14, 2006 6:21 am

Anybody thinking of this seriously?

tvt wrote:I estimate there are hundreds of thousands of people affected. If everyone would give only £1 you can hire the services of the best barrister in the UK to challenge this change of rules.

bbdivo · Post by **bbdivo** » Tue Mar 14, 2006 8:31 am

JAJ wrote:
ForeignMan wrote:they are also considering changing the nationality period to 2 years on ILR. But I haven't read this anywhere myself so coud be wrong about it.

That would require a change to the British Nationality Act 1981. Not impossible but harder than changing the Immigration Rules.

Just to add to that, I don't recall them mentioning this in their 5 yr immigration plan, the change from 4 to 5yrs for ILR was.

abcd1 · Post by **abcd1** » Tue Mar 14, 2006 9:22 am

This is very unfair!!!!

Why the govt. doesn't understand one thing - unless someone gets settlement, he won't invest money in UK. The WP holders will earn money here and will send to their home country....... so money will flow out of UK.....

In one hand they are saying that they need teachers, doctors etc. And in other hand they are just preventing good people to settle....

Chess · Post by **Chess** » Tue Mar 14, 2006 11:16 am

This is anothey ploy by the Spin Doctors in Lunar House...

The initiall effect will be that the number of people granted settlement /citizenship will fall drastically in the next 12 to 24 months but the numbers will pick up again after 24months....

NationOne · Post by **NationOne** » Tue Mar 14, 2006 12:24 pm

Smit wrote:the Govt is proposing to give ILR to tier 1 applicants after only 2 years

Is that really true? Where is it mentioned that the government is proposing such a move? Would be a really wonderful thing for HSMP holders.

MWazir · Post by **MWazir** » Tue Mar 14, 2006 12:34 pm

I just read this topic now as I was away yesterday. Feel gutted personally as the goalpost has moved for me from 2 months to go for ILR to 14 months now. I would have qualified for ILR under the old 4 year rule on 6th June 2006. We were always aware that the 5 year ILR change would come into effect in Spring 2006. The only point that was unclear was if it would be applied retrospectively. It is so unfair particularly to those of us so close to the cut off date. As suggested by others, I will also write to my local MP as I am a commomwealth citizen, even if that makes little difference.

mhunjn · Post by **mhunjn** » Tue Mar 14, 2006 12:38 pm

Let's hope it does... although the present govt doesn't seem to think too much about the general public's view...

MWazir wrote:I will also write to my local MP as I am a commomwealth citizen, even if that makes little difference.

Dawie · Post by **Dawie** » Tue Mar 14, 2006 12:41 pm

It might even be worthwhile taking out a full-page advertisment in a national paper asking all immigrants affected by these new regulations to write to their MP or to email the Home Office.

I wonder how the politicians would react to that?

indian_in_uk · Post by **indian_in_uk** » Tue Mar 14, 2006 12:50 pm

MWazir wrote: I will also write to my local MP as I am a commomwealth citizen, even if that makes little difference.

I would like ot do the same as well, could you please provide me some information about where to look for an email id/address of Local MP?

MWazir · Post by **MWazir** » Tue Mar 14, 2006 12:55 pm

would like ot do the same as well, could you please provide me some information about where to look for an email id/address of Local MP?

Here is one way. Enter your post code and it will tell you the current local MP in area and the MP's details.

http://www.locata.co.uk/commons/

indian_in_uk · Post by **indian_in_uk** » Tue Mar 14, 2006 12:59 pm

Thanks Wazir, I got the email id and postal address. I will write a letter today.

HHH99 · Post by **HHH99** » Tue Mar 14, 2006 1:16 pm

Hi guys,

Needless to say I feel really sorry for all the people who have been affected by this I knew three people who were looking forward to applying for ILR in may, july and november and now all their plans have been delayed. I agree with the person who said we should take an ad out in a newspaper in order to tell them how this has affected tens of thousands of people.

I really think this is just another ploy for them to make more money firstly because people on work permit can't apply for any beneiftsnot that they do a lot but people cant claim stuff like child benefits etc so that will definitely save a few quids for the government. Not only that most people would now have to apply for an extension and then ilr so on average that is like a minmum profit of £770 per person so they are laughing all the way to the bank !!!!.

Although they haven't said anything in the press release but does these new changes in anyway affect long term residence rules if anyone has any news then please reply

drewchad · Post by **drewchad** » Tue Mar 14, 2006 1:20 pm

A different slant.....

I have completed about 16 months on a HSMP Visa. So if I qualify for a new tier 1 Visa (not sure what they are called) could I be eligible for ILR in 2 years? This would speed things up for me by 8 or so months....

Won't lots of people on HSMP want to switch to this new visa to speed up settlement process.

timefactor · Post by **timefactor** » Tue Mar 14, 2006 1:26 pm

Thanks OP for this! I've already written to IND and write to MP as well.

Any collective efforts much appreciated and happy to contribute by time and funds.

MWazir wrote:
would like ot do the same as well, could you please provide me some information about where to look for an email id/address of Local MP?
Here is one way. Enter your post code and it will tell you the current local MP in area and the MP's details.

http://www.locata.co.uk/commons/

dabar · Post by **dabar** » Tue Mar 14, 2006 1:53 pm

I feel really sorry for all the people who have been affected by this. I know some one who was due to apply in May first week.
This is really disgusting!

HHH99 wrote: I really think this is just another ploy for them to make more money firstly because people on work permit can't apply for any beneiftsnot that they do a lot but people cant claim stuff like child benefits etc so that will definitely save a few quids for the government. Not only that most people would now have to apply for an extension and then ilr so on average that is like a minmum profit of £770 per person so they are laughing all the way to the bank !!!!.

Very soon those applying for ILR may also need to pass a Life in the UK test before they can apply.
Add the money and time needed for that on top of the above expenses.

Smit · Post by **Smit** » Tue Mar 14, 2006 2:02 pm

This CONTROVERSIAL retrospective policy should be challenged in way or another, the key is for someone to drive the challenge.

Remember the saying "United We Stand, Divided We Fall". If anything, the Govt should waive the fees for people applying for 1 year extensions to get to the 5 year qualifying mark.

abcd1 · Post by **abcd1** » Tue Mar 14, 2006 2:14 pm

My own ILR was due in July. Now I'm ruined....
If they just don't like people claim benefit, why don't they issue ILR without public fund recourse???

Anyway, I already wrote to my local MP. This type of drastic change should have been made thru TVs & newspapers. The govt. is just rubbish...

tvt · Post by **tvt** » Tue Mar 14, 2006 2:17 pm

The Home Office could have easily make the change gradual (for example add one month for every four months you have to wait for the ILR). This would have made the change reasonable. However, they chose to cause a shockwave instead. Unlike illegal immigrants and failed asylum seekers, employment migrants are easy to handle- they are quiet and well behaved that is why they bear the brunt time and time again.

Chess · Post by **Chess** » Tue Mar 14, 2006 2:17 pm

The whole thing is too commercialised..

1. You Pay for initial HSMP application (£350)
2. You Pay for EC (£80?)
3. You pay to extend after 1 year (£500)
4. You pay for another extension after a further 3 years (£500)
5. Then you pay again at the 5 year mark (£500)

for Godsake - what are these guyz playing at???

Best way to get back this money is to have many Children/Claim Many benefits; bring loads of realtives etc if you get the opportunity 'play the system if you can'

marry your cousin, sister or whatever etc........

sorry for such a tone but it seems the system is failing the legal immigrant...

SidB · Post by **SidB** » Tue Mar 14, 2006 2:41 pm

I think everyone has made their feelings quite clear and rightly so. The system just seems to penalise legitimate immigrants whilst not doing enough to stem illegal immigration. All policies are concentrating on setting "right" the routes for migration even though I have not seen a single policy to combat illegal immigration. This is effectively shifting the goal post with no reasonable justification for it especially for people already there in the UK.

I have mailed the labour MP is my constituency as well and am up for supporting any representation to raise our concerns about this change.

Given the strength of the sentiment, I really do think that we should do something about it.

Apologies if the tone is harsh but it really is unfair !

Kavik · Post by **Kavik** » Tue Mar 14, 2006 3:01 pm

Hi,

I'm finishing my 3 years 11 months by 29th March.
Could I apply for ILR on 30th or 31st March? Will they say that I've to apply 28days before 4 years if that is the case then very very unfortunately I'll qualify on 3rd April. What a sad situation for me. Could any experienced people tell me can if I can go for ILR on 30th or 31st March?? Any help is appriciated.

Thanks
Kavitha

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5 years for ILR rule implemented

Confusing the Public

ILR for tier 1 after just 2 years?

It's very bad