Legality of July 2012 rule changes for tier1

Hi All,

The dependents requirement changes for tier1 including 2 to 5 year probationary period is unfair. I am just wondering if it will legally stand to challenge. Tier 1 being a migrant visa, has to look at the rules existing at the time of the main applicants entry, not the dependents entry IMO. The dependents rule starting from the dependents EC is unfair because the migrant is the main applicant and he/she might would have planned his family life considered when assessing a migrant visa to UK.

Is there any way to challenge this to UKBA?

varghesejim wrote:Hi All,

The dependents requirement changes for tier1 including 2 to 5 year probationary period is unfair. I am just wondering if it will legally stand to challenge. Tier 1 being a migrant visa, has to look at the rules existing at the time of the main applicants entry, not the dependents entry IMO. The dependents rule starting from the dependents EC is unfair because the migrant is the main applicant and he/she might would have planned his family life considered when assessing a migrant visa to UK.

Is there any way to challenge this to UKBA?

Good you have raised your concern. I will support you. Raise a request in epitition. We will ask all the persons in this fourum to support. Its not offitial challenge to UKBA. But will start with epitition.

http://epetitions.direct.gov.uk/

Let us know once you raised your request over there.

Hi All;

After the drastic changes in immigration rules on 06/04/2014, pre 9th July, 2012 PBS dependants won't be able to combine any time spent as PBS dependant with FLR(M) to qualify for ILR and their qualifying time period of 5 years will start from the day they are granted an FLR(M), if the main applicant gains indefinite leave to remain based on 10 years of long residence.

I am sure there would be hundreds including me who are being affected adversly with this change in rules because this means that we are no more covered under the transitional arrangements - Part 8.

can we join our hands together and sign a petition to atleast allow the time spent as PBS dependant to be amalgamated with FLR(M) to complete the qualifying period ?????

dreamcatcher wrote:Hi All;

After the drastic changes in immigration rules on 06/04/2014, pre 9th July, 2012 PBS dependants won't be able to combine any time spent as PBS dependant with FLR(M) to qualify for ILR and their qualifying time period of 5 years will start from the day they are granted an FLR(M), if the main applicant gains indefinite leave to remain based on 10 years of long residence.

I am sure there would be hundreds including me who are being affected adversly with this change in rules because this means that we are no more covered under the transitional arrangements - Part 8.

can we join our hands together and sign a petition to atleast allow the time spent as PBS dependant to be amalgamated with FLR(M) to complete the qualifying period ?????

I am in how can we do that?

Thank you for your suggestion. However, it looks to me getting 100000 signatures for this issue is rather unlikely. When nobody is there to listen, is there any point in making noise?

The point I am trying to make is, as Tier1 is a migrant visa designated to attract people to come and settle, it seems unfair the rules changed considerably once they come over. A person must have assessed his right to settle himself with family. Changing such rules are like a breach of contract.

If you apply the law fairly, it should be only considering rules at the time of main applicants entry even for dependents requirements. I would say, even if the main applicant is getting married now, the dependent should still come under pre-July 2012 rules. UKBA lawfully cannot increase the main applicants ILR requirement(as per HSMP JR), so its about what they can do and what they cannot. IMHO, they should not change the requirement for family settlement after attracting a migrant to the country.

Hello,

Please, if some one will find out the legal ground for this particular case and cost. I will ask my solicitor that what are the legal ground for it and also try to find the cost, if we have to go to the court.

Thanks
Regards
M Faisal

Thanks Faisal for this effort. I am in.

I m in 2 great effort ready to share the cost thanks

I'm also in

Hello and Thanks All,

Please keep in touch. I am sending a query to my solicitor. Let see what answer we will get from him...similarly if someone know a good lawyer please check with him.

Thanks

Regards

M Faisal

Dear,
Please find below my query to solicitor.

Hello ILyas Br. (kingswell Watts Solicitors)

With reference to our previous discussion, there are lots of people those have joined hand together and thinking to question the particular clause, which barred the dependent from obtaining the ILR as Long Residency dependent even they are in UK before 09/07/2012.

Given the fact that they are in the UK before 09 July 2012 and were PBS dependent, so their leave before July 2012 should be amalgamate into their final application. Pre July 2012 PBS dependents were covered by the transitional arrangements and any time spend by them in UK will count to the final qualifying time of 2 years at that time, so how can suddenly Home Office come with new rules for the PBS dependents already covered by transitional arrangements. Any new rule change should have been only for the dependents after July 2012. Please keep in mind, that this rule change is just for the dependents switching through FLR (M), means to say just for the dependents of the people who gets ILR through Long residency, so how can Home Office just single out the dependents of the Long residence ILR holders.

My email to you is concerning to identify the viability of this case. Also, if your organization will take this case what will be the charges?

I am waiting for your reply.
Thanks
Regards
M Faisal

faisaltanoli wrote:Dear,
Please find below my query to solicitor.

Hello ILyas Br. (kingswell Watts Solicitors)

With reference to our previous discussion, there are lots of people those have joined hand together and thinking to question the particular clause, which barred the dependent from obtaining the ILR as Long Residency dependent even they are in UK before 09/07/2012.

Given the fact that they are in the UK before 09 July 2012 and were PBS dependent, so their leave before July 2012 should be amalgamate into their final application. Pre July 2012 PBS dependents were covered by the transitional arrangements and any time spend by them in UK will count to the final qualifying time of 2 years at that time, so how can suddenly Home Office come with new rules for the PBS dependents already covered by transitional arrangements. Any new rule change should have been only for the dependents after July 2012. Please keep in mind, that this rule change is just for the dependents switching through FLR (M), means to say just for the dependents of the people who gets ILR through Long residency, so how can Home Office just single out the dependents of the Long residence ILR holders.

My email to you is concerning to identify the viability of this case. Also, if your organization will take this case what will be the charges?

I am waiting for your reply.
Thanks
Regards
M Faisal

Give us update of any possible reply and how much its going to cost us to hire a lawyer. I don't think there are lot of people in our boat however its worth a try.

I think there are great number of people, but are not aware of this strive. We need to inform people.

Tier 4 wrote:

faisaltanoli wrote:Dear,
Please find below my query to solicitor.

Hello ILyas Br. (kingswell Watts Solicitors)

With reference to our previous discussion, there are lots of people those have joined hand together and thinking to question the particular clause, which barred the dependent from obtaining the ILR as Long Residency dependent even they are in UK before 09/07/2012.

Given the fact that they are in the UK before 09 July 2012 and were PBS dependent, so their leave before July 2012 should be amalgamate into their final application. Pre July 2012 PBS dependents were covered by the transitional arrangements and any time spend by them in UK will count to the final qualifying time of 2 years at that time, so how can suddenly Home Office come with new rules for the PBS dependents already covered by transitional arrangements. Any new rule change should have been only for the dependents after July 2012. Please keep in mind, that this rule change is just for the dependents switching through FLR (M), means to say just for the dependents of the people who gets ILR through Long residency, so how can Home Office just single out the dependents of the Long residence ILR holders.

My email to you is concerning to identify the viability of this case. Also, if your organization will take this case what will be the charges?

I am waiting for your reply.
Thanks
Regards
M Faisal

Give us update of any possible reply and how much its going to cost us to hire a lawyer. I don't think there are lot of people in our boat however its worth a try.

Hello guys,
Just got reply from Solicitors..

Please share your thoughts as I have no idea whether it is reasonable cost or too expensive...if you guys have any solicitors please let me know

Salaams, Faisal,

I have no problems taking on such a test case.

I would instruct an experienced immigration barrister. The cost of instructing him for drafting the grounds for judicial review, attending a full judicial review hearing will be around £7000 plus VAT (if applicable).

In total the legal fees could be around £10,000 plus VAT

If the Home Office appeal the decision to the Court of Appeal the cost could be more.

Ilyas

Hi all,

I am sorry to be ignorant but is this 100% now that dependants of LR won't be able to apply for ILR because I have read on this forum some time around 10th April that some was granted ILR straight after FLRM. My second question is what if we apply for a FLRM n then apply for ILR what would they do refuse it if so then make an appeal and take it court and fight it there in the court. Can it be done this way ??? We will have all the evidence and logic to give to the judge what do u guy say ??? Thanks Z

Hello,

though I am not very much expert, but according to my understanding challenging after refusal is actually challenging the decision which will be judge on the basis of law and law is that we can not apply. If challenge the law its mean we try to void the law.

faisaltanoli wrote:Hello guys,
Just got reply from Solicitors..

Please share your thoughts as I have no idea whether it is reasonable cost or too expensive...if you guys have any solicitors please let me know

Salaams, Faisal,

I have no problems taking on such a test case.

I would instruct an experienced immigration barrister. The cost of instructing him for drafting the grounds for judicial review, attending a full judicial review hearing will be around £7000 plus VAT (if applicable).

In total the legal fees could be around £10,000 plus VAT

If the Home Office appeal the decision to the Court of Appeal the cost could be more.

Ilyas

Did he give any hope? Or idea how strong our case can be? If we get together I don't think it will be any hard to gather £10,000.

Tier 4 wrote:

faisaltanoli wrote:Hello guys,
Just got reply from Solicitors..

Please share your thoughts as I have no idea whether it is reasonable cost or too expensive...if you guys have any solicitors please let me know

Salaams, Faisal,

I have no problems taking on such a test case.

I would instruct an experienced immigration barrister. The cost of instructing him for drafting the grounds for judicial review, attending a full judicial review hearing will be around £7000 plus VAT (if applicable).

In total the legal fees could be around £10,000 plus VAT

If the Home Office appeal the decision to the Court of Appeal the cost could be more.

Ilyas

Did he give any hope? Or idea how strong our case can be? If we get together I don't think it will be any hard to gather £10,000.

You asked very important question and that is also mu question. Yes, u can charge the fee but let us know how strong the case is...I will leave a query for him, but he is not end of the world...

Friends,

I am sorry but I am gonna ask the same question again is it 100% now that after getting FLRM we will not ILR coz I still think some dependant got ILR after 6th April 2014. I am gonna wait for one of my friends he is waiting for his wife's FLRM to come through as soon as he gets it he's going to apply for ILR. Will update u guys once when he's done it but that could be a while.

Zzee wrote:Friends,

I am sorry but I am gonna ask the same question again is it 100% now that after getting FLRM we will not ILR coz I still think some dependant got ILR after 6th April 2014. I am gonna wait for one of my friends he is waiting for his wife's FLRM to come through as soon as he gets it he's going to apply for ILR. Will update u guys once when he's done it but that could be a while.

According to my understanding and extensive consultation within this group and three different solicitors, unfortunately this the way forward for dependent of ILR (LR) under any category that they have to exhaust five year term, if they are applying after 06/04/2014. Even pre july 2012 who were cover in transitional arrangements. Now your point that someone have got the 2 year visa under same circumstances, I would say either its his good luck or HO usual mysteries. What policy interprets is that we cannot...

Hi,

Thanks for the information and let's see if people are interested n they want to challenge this law n how many of can join forces n tackle this big problem. Count me in n I will be keeping an eye on Ur posts n will update u with any info I find.
Have a nice weekend n don't worry inshallah things will turn for the better. Kh

Zzee wrote:Hi,

Thanks for the information and let's see if people are interested n they want to challenge this law n how many of can join forces n tackle this big problem. Count me in n I will be keeping an eye on Ur posts n will update u with any info I find.
Have a nice weekend n don't worry inshallah things will turn for the better. Kh

Thanks for support. Please make concern people aware of the this petition. The more people will participate the more burden will share...