Tier 1 General Extension - Missed April Deadline

@O_Relly - I am not familiar with the HSMP JR issues so would not be able to comment. There is a lot I feel that is wrong in terms of HO decisions and rules but I also understand the the reasonings, but they are what they are and migrants are urged to keep track of any changes in the rules to make sure they comply, apply in time etc.

@O_relly thanks for coming up with some sense finally. happy someone at least understands my point of view.

@CR001 yes post July-2012 I am also suffering because my dependent had to leave Uk and get visa from outside and UkbA changed dependent rule suddenly from 2yrs to 5yrs while my dependent was out, and so totally know case of ILR dependants. now you are talking my language.
Try reading about HSMP and know for fact ukba had been discriminatory.

@honey2008 I won't go back now after paying taxes and huge fees till now, you got no right to ask me to go. Closing entry is something else and asking me NOW to go after sucking my money is other thing. If I have known this situation or ukba would have made it clear I had no fancy for this country. Show balls to tell asylum seekers, EU migrants to go out not me.

@ abhisheks9 :- I never asked you to go back!!!My simple argument is if you don't like something it is your choice to reverse your decision.My point is if you are dependent on somebody ( UKVI ) then you have to accept their ruling AND you know the difference of quality of life/opportunity which UK offers with respect to our home country AND that's why we never want/DARE to go back home even if we have good degrees.

This is hard reality which we have to accept and sooner we do, better for us to enjoy rest of life.

Trust me UK has the most relaxed immigration policy in the past .

My above comments are my opinion which may be wrong in your point of view BUT it is NOT INTENDED TO HURT ANYBODY'S SENTIMENT.

Ta
Honey

@abhisheks9 :- AND try to be more difnified in your comments without using offending words...

@abhisheks9 and @honey2008 - can we please be more respectful on the forum and stick to the subject of the original posters query. I have already had to edit comments out and don't wish to be monitoring this topic further to keep it 'clean'.

http://www.immigrationboards.com/announ ... ns-t3.html

Ok Boss

honey2008 wrote:Ok Boss

I am sorry if it was offensive but honey's comment was indicating something of similar nature that's why I had to react in the way.
Again apologies to everyone and @honey2008 no such intentions.
I would have loved to debate this, but think it's futile to do so that's why will rest my case here.

abhisheks9 wrote:... home office are discriminatory towards PBS in general and totally against tier-1 general applicants in particular...

Discriminatory??? If the United Kingdom wished, they could have long ago decided not let any of us into this country. This is a sovereign nation with the sole right to decide who comes, who goes, and on what basis. A right that is only limited by the concept of native born citizenship.

O_Relly wrote:@ CR001 - Just out of curiosity, what is your opinion on the HSMP forum Judicial Review and the high courts ruling in favour of the HSMP forum on 8th April 2008 against the changes to the new extention test brought in by the then UKBA/Home office ?

In my opinion, the government of the United Kingdom gave their word in writing, and they were obliged honor their word. When the tried to reneg, the HSMP visa holders were able to call them out on it. Unfortunately they were still able to dishonor themselves with regards to the Work Permit holders and allowed by the courts to go back on their written word.

O_Relly wrote:And on the basis of this court ruling people on HSMP JR can still today continue to extend their visas should they choose not to apply for an ILR.

Well that was the result of that court ruling. From that experience the UK learned that they needed to never again attempt retroactive changes. And with Tier 1, they haven't.

O_Relly wrote:Do you feel it was wrong for the HSMP forum to challenge the UKBA in a court of law?

I think it was wrong and dishonorable for the UK to go back on their written word.

O_Relly wrote:Am not trying to justify the ignorance of the OP here, just trying to point out that the home office has been in the wrong in the past according to the high court.

And this really is a key point. It doesn't matter if they are 'wrong' or 'right'. If they want us all to leave, that's it. We leave. There is no 'right' to be in the UK except for native born UK citizens. Even naturalized citizens can have their citizen stripped and subsequently be deported. As a sovereign nation, this a decision they can make at any time.

Nobody has dared to challenge the Home Office legally but in my personal view, we stand a good chance if we do (however I am not a legal professional so we also need professional help which is likely to cost a bit).

Anyone who is interested in joining up to legally challenge these fee increases and closure of T1G extensions can contact me - let's discuss.

I need people who are passionate about supporting a fair immigration policy to join hands in the cause of justice.

There is no 'right' to be in the UK except for native born UK citizens. Even naturalized citizens can have their citizen stripped and subsequently be deported. As a sovereign nation, this a decision they can make at any time.

There is something called a right to fair treatment, and that is a basic human right, which no parliament can legislate against.

Deciding to make arbitrary changes through press releases and expecting everyone to read everything published at all times is not fair.

WIth HSMP the way the visa was issued it created legitimate expectation of settlement. This is not the case with TIer 1 General as the wording was changed and a qualifier was added that specifically said nothing was being promised. The cases are different

ram80,
Have people contacted you to go after a review of fees / policies? I think, the numbers are not in our favor this time, and home office knows this.

Cheers.

@iubus2005
We have tried to bring people under common forum to go after fee/policies, through the FB group.
You are right about numbers are not in favor, as among 250+ people only 14 have committed with funding for judicial review.

Some people have expressed interest, but it is not strong enough, in my estimate we need to have a sizeable warchest of funds before proceeding with a JR filing.

I assume that money is needed for lawyer fees? I wonder if the case seems strong enough for a lawyer to do more risk / reward sharing in this case? i.e. people have to pay more, but after the case is successful. That way, we may have more people pledge for paying. It is also possible that people will pledge higher amount per person post success.

@iubus2005
Lawyer will only have win-win here, because he/she can go for profit sharing or no need to share loss, either way lawyer get fees.
Amount is fee plus in case we lose and have to pay for counter legal case of wasting time on non winnable review case. Having said so, ukbA doesn't have strong case of winning, and there is high probability of ukba not only losing but paying back previous unjustified fees as well.
I have been repeatedly citing example of hsmp forum who have won in past.

Hello, mine is the same case..extension due in Nov '15, I thought to check in May how are the appoinment schedules looking like and then got the biggest shock of my life. Why the hell I would check these sites one or two years before when they are actually needed, I m highly disappointed.
Is there any option other than tier 2 as I am afraid my company may not sponsor that. My ILR is due in Aug '16 so just need to stretch it for few months. Any chance UKBA would consider a late application? Has anyone tried that? I am sure there are only a few cases like me...pls pls help me.

Best regards

@caheda
Trust me I am really sad for your case, and to be brutally honest within existing rules you got no option other than switching to other PBS based visa like tier-2(general) or tier-1(entrepreneur).
Right now I highly suggest to talk to solicitors as well as tier-2 sponsersers, and so far you are 3rd person in this website forum to have suffered due to closure.
I (with admin of my fb group in my signature) already foresaw this scenario and were trying to bring people together but we are only been discouraged and demotivated by most people here so far. Still we are sure that ukvi has been unfair, discriminatory and legally you stand strong chance against if go for judicial review.
I have almost become broken record now

ouflak1 wrote:There is no 'right' to be in the UK except for native born UK citizens. Even naturalized citizens can have their citizen stripped and subsequently be deported. As a sovereign nation, this a decision they can make at any time.

The children born in the UK to naturalised citizens can also have their UK citizenship removed now under the new laws. They can do this as they won't be stateless because their birth also gives them a claim to their parents citizenship.

quantum1 wrote:WIth HSMP the way the visa was issued it created legitimate expectation of settlement. This is not the case with TIer 1 General as the wording was changed and a qualifier was added that specifically said nothing was being promised. The cases are different

Agreed.

abhisheks9 wrote:@caheda
Trust me I am really sad for your case, and to be brutally honest within existing rules you got no option other than switching to other PBS based visa like tier-2(general) or tier-1(entrepreneur).

I don't think Tier 1(General) can switch to Tier 1(Entrepreneur).

Tier 1 General was meant to be for highly skilled people. That's why the option is there for those that really are highly skilled to switch to Tier 2 General if they didn't use their visa staight away.

Petaltop wrote: I don't think Tier 1(General) can switch to Tier 1(Entrepreneur).

Tier 1 General was meant to be for highly skilled people. That's why the option is there for those that really are highly skilled to switch to Tier 2 General if they didn't use their visa staight away.

You can switch to tier 1 entrepreneur from tier 1 general, i have re-checked from official ukiv website.

abhisheks9 wrote:@caheda
Trust me I am really sad for your case, and to be brutally honest within existing rules you got no option other than switching to other PBS based visa like tier-2(general) or tier-1(entrepreneur).
Right now I highly suggest to talk to solicitors as well as tier-2 sponsersers, and so far you are 3rd person in this website forum to have suffered due to closure.
I (with admin of my fb group in my signature) already foresaw this scenario and were trying to bring people together but we are only been discouraged and demotivated by most people here so far. Still we are sure that ukvi has been unfair, discriminatory and legally you stand strong chance against if go for judicial review.
I have almost become broken record now

Hi Abhishek, you also had/have this issue?

@caheda
NO I should be fine as I got early extension in October last year but I am always frustrated with ever increasing fees and changing rules.