ILR Judicial Review

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ILR Judicial Review

Postby hsmp28122006 » Wed Mar 25, 2009 8:59 am

Hi Guys,

I have a question regarding Judicial Review (which is due) of government's changes to 5-year ILR system from 4 years.

A friend of mine came to the UK as WorkPermit holder when 4-year ILR was in place. Now he is on HSMP. Would he be affected by the judicial review if it goes against government decision?

TIA!
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Re: ILR Judicial Review

Postby maheshnair » Wed Mar 25, 2009 12:33 pm

hsmp28122006 wrote:Hi Guys,

I have a question regarding Judicial Review (which is due) of government's changes to 5-year ILR system from 4 years.

A friend of mine came to the UK as WorkPermit holder when 4-year ILR was in place. Now he is on HSMP. Would he be affected by the judicial review if it goes against government decision?

TIA!



Even i was trying to get an answer to this .

Will this Help anybody who came to UK before 5 year rule or only the HSMP people .

I came to UK on WP in 2005 (during that time it was 4 year rule)
I became hsmp in 2007 .

So wondering if it helps people like me if ILR judicial review is success .
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Postby hsmp28122006 » Thu Mar 26, 2009 10:28 am

Anyone?
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Postby larry » Thu Mar 26, 2009 10:50 am

Hi, Please go and join the forum fighting for the JR. There are lots of answers to similar kind of questions there and if yours is very specific, they will be happy to assist you.

Regards
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Postby actuary » Mon Apr 06, 2009 1:46 pm

Yayy!! HSMP Forum won again! Does anyone know if a person made a switch from WP (when ILR was 4 years) to HSMP can get ILR in 4 years?
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Re: ILR Judicial Review

Postby sushdmehta » Mon Apr 06, 2009 2:35 pm

hsmp28122006 wrote:Hi Guys,

I have a question regarding Judicial Review (which is due) of government's changes to 5-year ILR system from 4 years.

A friend of mine came to the UK as WorkPermit holder when 4-year ILR was in place. Now he is on HSMP. Would he be affected by the judicial review if it goes against government decision?

TIA!
In my honest opinion, ILR rules in effect (under HSMP, and not nder WP) at the time the HSMP application (for initial approval, not EC/visa/FLR application) was submitted should be applicable.

So, if HSMP application was made before 03-Apr-06, ILR qualifying period would be 4 years. And if HSMP application was made after 03-Apr-06, ILR qualifying period would be 5 years.

regards
Life isn't fair, but you can be!
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oh

Postby hsmp2010 » Mon Apr 06, 2009 2:41 pm

this is disoppinting for us who got extension under JR but cant get ILR after 4 years as we are granted hsmp approval after apr,06. :(
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Re: oh

Postby f2k » Mon Apr 06, 2009 2:58 pm

hsmp2010 wrote:this is disoppinting for us who got extension under JR but cant get ILR after 4 years as we are granted hsmp approval after apr,06. :(


I think you are confusing between HSMP approval and HSMP Extension Approval. The rules are as they were when you received your initial approval, basically for application of ILR the HO would need to reinstate immigration rules namely 135G which has now been
The final stage of indefinite leave to remain as a highly skilled migrant was dealt with at Rule 135G as follows:

"135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:
(i) has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom in this capacity, or has had a continuous period of at least 4 years' leave to enter or remain in the United Kingdom which includes periods of leave to enter or remain granted under paragraphs 128 to 319 of these Rules; and
(ii) for the period of leave as a highly skilled migrant, has met the requirements of paragraph 135A (i)--(iii); and
(iii) for any period of leave not in this capacity, has not had recourse to public funds; and
(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both."


The current 135G substitutes the 4 to 5 and also includes the LIUK test
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Postby hsmp2010 » Mon Apr 06, 2009 3:00 pm

no i was given initial approval in november 06
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Postby actuary » Mon Apr 06, 2009 3:18 pm

From

http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

"To qualify to settle in the United Kingdom under the HSMP you must:

* have been living legally in the United Kingdom for the last five years; and
* currently have permission to stay in the United Kingdom as a highly skilled migrant; and
* have been in the United Kingdom as a highly skilled migrant, work permit holder or innovator throughout the five years; and
* have maintained and accommodated yourself and any dependants without the use of public funds throughout the five years; and
* have been employed, self-employed or a combination of the two throughout the five years; and
* have sufficient knowledge language and life in the United Kingdom."

Doesn't the above (point 3) mean that WP and HSMP are both accepted for ILR?
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Postby bani » Mon Apr 06, 2009 3:34 pm

Read the judgement part 72
http://www.bailii.org/ew/cases/EWHC/Admin/2009/711.html

There is a distinction between WP and HSMP. If you switched to HSMP before April 06, then you are covered by the judgement and should get ILR after 4 years. Otherwise, no.
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Postby sushdmehta » Mon Apr 06, 2009 5:57 pm

hsmp2010 wrote:no i was given initial approval in november 06
Did you read the HSMP guidelines when you applied? Did you not see it mentioned that the ILR qualifying period is 5 years??

The case was not to contest the the increase in ILR qualifying period in general, but to ensure that the government fulfils the promise of ILR after a "specified" qualifying period as mentioned in the HSMP guidelines effective at the time an HSMP was initially made.

Since pre-Apr06 guidelines promised ILR after 4 years, people have a legitimate expectation to qualify for ILR after 4 years. In your case, HSMP guidelines pomised ILR after 5 years, so you cannot claim that you should be allowed (or have the right) to qualify for ILR after 4 years instead of 5.

regards
Life isn't fair, but you can be!
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Re: HSMP Judicial Review

Postby drnitinbb » Mon Apr 06, 2009 6:30 pm

Hi All,

Could someone guide when can we apply for ILR now that we have won the case if we are already in 5th year of HSMP

Regards

Nitin
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Re: HSMP Judicial Review

Postby bani » Mon Apr 06, 2009 6:35 pm

drnitinbb wrote:Hi All,

Could someone guide when can we apply for ILR now that we have won the case if we are already in 5th year of HSMP

Regards

Nitin


We have to wait for the HO to update its rules/forms. I think they can even still appeal this judgement. Last year (for HSMP JR), they used up the time they were given to appeal, then showed up in court to say they would not appeal judgement. It took them from April to July to release the new HSMP extension forms and guidance notes.
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Re: HSMP Judicial Review

Postby drnitinbb » Mon Apr 06, 2009 9:53 pm

Thanks Bani for your prompt reply. But do you think they will retrospectively take into consideration the time spend in this review while assessing our application for citizenship. As they will buy time to implement the newer laws to prolong the citizenship..

Regards
Nitin
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Re: HSMP Judicial Review

Postby bani » Mon Apr 06, 2009 11:49 pm

drnitinbb wrote:Thanks Bani for your prompt reply. But do you think they will retrospectively take into consideration the time spend in this review while assessing our application for citizenship. As they will buy time to implement the newer laws to prolong the citizenship..

Regards
Nitin


I hope so! But it will be an administrative/paperwork nightmare.

As for the new citizenship bill, I think we are OK. ILR is a lot better than probationary citizenship and we are not going to have to go through that thanks to this victory. Also, there has already been a lot of questioning in the House of Lords about applying the proposed citizenship bill retrospectively (thanks to all the publicity from the JRs and the report of the Human Rights Committee), I don't think it will go through unless they implement it to real newcomers.
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