5 years for ILR rule implemented

aj77 · Post by **aj77** » Sat Apr 01, 2006 2:20 am

if anybody could see carefully about those emails received by HSMP applicants,one can find out that the email sent directly to HSMP team and asked specially about HSMP programme changes.

HSMP team replied that HSMP applicant wont be affected.
On the other side the emails sent at this address,

WPCustomers <wpcustomers@ind.homeoffice.gsi.gov.uk>

email was being replied not by HSMP team but it s written
Managed Migration

and now the lady who interpreted the definition of "Existing Visa holders wont be affected",(email reply received by HSMP applicant from HSMP team) also not from HSMP team but customer Contact Centre,Work Permits, UK.

This point is also considerable that HSMP applicant gave a written Affidavit that he will make UK as home Country at the end of qualifying period,
while Work Permit holders don t need that affidavit to submit.

Government made a special committment to HSMP applicant that furture changes wont affect him while no such Assurance has been given by the government to work permit holder.

We can say that ILR and it s timing is Part of HSMP and has been committed

while ILR is not compulsory part of work permit programme

In both changes of Immigration rules issued in the month of March, 2006 they also mentioned that to qualify for ILR ,work Permit holder need to submit document showing that his services still need UK while for HSMP applicant it is not compulsory to add that document showing that his services still required by UK.

It looks like that replies sent to HSMP applicant by HSMP team was not by error or ignorance but they really mean it.

sowhat · Post by **sowhat** » Sat Apr 01, 2006 10:53 am

so what's your point?

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 11:26 am

well just been to homeoffice website. if you look at the news and press release. it clearly says that work permit is 4 years ILR and for HSMP is 5 years.

http://www.ind.homeoffice.gov.uk/ind/en ... rules.html

sowhat · Post by **sowhat** » Sat Apr 01, 2006 11:33 am

easylife4me wrote:well just been to homeoffice website. if you look at the news and press release. it clearly says that work permit is 4 years ILR and for HSMP is 5 years.

http://www.ind.homeoffice.gov.uk/ind/en ... rules.html

12.In paragraphs 134(i), 142 (i), 150(i), 158(i), 159G(i), 167(i), 176(i), 184(i), 187, 190, 192(ii), 209(i), 222(i)
and (ii), 230(i), 238(i), 264, 267, 269(i), 255, 255A, and 255B for "4 years? (wherever appearing), substitute
"5 years".

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 11:43 am

so what..

what u trying to say

aj77 · Post by **aj77** » Sat Apr 01, 2006 11:48 am

we can see the difference between what has been published in News section of HO website which was being mentioned by easylife4me

and in this link

http://www.ind.homeoffice.gov.uk/ind/en ... ges22.html

which was mentioned by Zahidhsmp

and has been bissued by Home sectretary of Immigration Department.

But error is possible in news section area but statement issued by Home Secretary look more authentic

And soon we might see the correction in News area too as there are some other mistakes too in it like entery clearance for 12 months for hsmp etc

aj77 · Post by **aj77** » Sat Apr 01, 2006 12:00 pm

sowhat wrote

so what's your point?

It looks like they might treat work visa holders and hsmp applicants differently considering hsmp applicants in immigration catagory as this programme has been designed after studying Canada,Australia and Newzealand immigration policies

.Just a guess considering their replies sent to hsmp applicant and some other points I mentioned earliar.

sowhat · Post by **sowhat** » Sat Apr 01, 2006 12:18 pm

aj77 wrote:sowhat wrote

so what's your point?

It looks like they might treat work visa holders and hsmp applicants differently considering hsmp applicants in immigration catagory as this programme has been designed after studying Canada,Australia and Newzealand immigration policies

.Just a guess considering their replies sent to hsmp applicant and some other points I mentioned earliar.

I see. But the do not have this "immigration category" and HSMP is quilified as work-related.

easylife4me wrote:
so what..
what u trying to say

if you look here:

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 4 years in the United Kingdom in this capacity; and

and here

12.In paragraphs 134(i), 142 (i), 150(i), 158(i), 159G(i), 167(i), 176(i), 184(i), 187, 190, 192(ii), 209(i), 222(i)
and (ii), 230(i), 238(i), 264, 267, 269(i), 255, 255A, and 255B for "4 years? (wherever appearing), substitute
"5 years".

meaning that for HSMP they made the change in the text but for WP they put it in a note...

supertiger · Post by **supertiger** » Sat Apr 01, 2006 12:36 pm

Don;t know if it is a delibrate trick that they put in one place that HSMP will not be affected and in another place they said wp is 4 years to divert our concentration and devide our unity.... but one thing is very clear is that they are very determined to apply to all of us althought constantly "typing mistakes" here and there and they can always remedy with obsurd interpretations. therefore arguing with them is one side and speed up our legal action is MUST now. we cannot just hang around with this sort of information everyday jeopadise our own nerves... btw IND web is working now. It seems that soon a congestion charge will apply to all UK working time access: if you wish to get premier information please pay XXX. Happy April Fool's day!

sowhat · Post by **sowhat** » Sat Apr 01, 2006 12:45 pm

supertiger wrote:Don;t know if it is a delibrate trick that they put in one place that HSMP will not be affected and in another place they said wp is 4 years to divert our concentration and devide our unity.... but one thing is very clear is that they are very determined to apply to all of us althought constantly "typing mistakes" here and there and they can always remedy with obsurd interpretations. therefore arguing with them is one side and speed up our legal action is MUST now. we cannot just hang around with this sort of information everyday jeopadise our own nerves... btw IND web is working now. It seems that soon a congestion charge will apply to all UK working time access: if you wish to get premier information please pay XXX. Happy April Fool's day!

I do not think that it is a deliberate trick... they just need more skilled migrants to do a good job

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 1:46 pm

after going through the home office website what i can make out is ... they are having different ILR rules for WP and HSMP.
for WP-4 years
for HSMP-5 years

timefactor · Post by **timefactor** » Sat Apr 01, 2006 2:05 pm

IMHO, it's typo/careless attitude. It meant to be 5 years and not *4* years for all work related categories. We need to be more focussed on the point what we have seen on 13-March-2006.

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 2:11 pm

i think its important to see the press release they have for 31st.
they have must think about the rule and make the necessary changes.
i recon 31st release is not a mistake or type error

aj77 · Post by **aj77** » Sat Apr 01, 2006 2:14 pm

Can anybody find out changes in immigration rules 2002 in New Zealand alongwith Court Decision and it s proceedings which were being challenged in the court and consultants won that case.Details of that case could proove useful for solicitors and for us to know the success of any legal action taken against these changes.

sowhat · Post by **sowhat** » Sat Apr 01, 2006 2:26 pm

easylife4me wrote:after going through the home office website what i can make out is ... they are having different ILR rules for WP and HSMP.
for WP-4 years
for HSMP-5 years

where did you find 4 years for WP?

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 2:27 pm

sowhat

check this out
http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

aj77 · Post by **aj77** » Sat Apr 01, 2006 2:38 pm

This is the news related to changes in immigration rule in New Zealand.

24th December 2002

GOVERNMENT TAKEN TO COURT
OVER RULE CHANGES
The Association for Migration and Investment has filed High Court proceedings against the retrospective immigration rule changes introduced by the government last month. Nobody from the government will comment on the legal challenge until the High Court has ruled on the matter.

While many of the immigration rule-changes are not in dispute, this is the first time that new rules have ever been applied to people whose applications are already in the Immigration Service's hands. The Association for Migration and Investment estimates that as many as 20,000 applicants may be affected by the changes. The immigration service estimates nearer 6,000 applicants will be affected.

The Association is also concerned that the new rules restrict job search visas to applicants whose skills are on the frequently changing Skills Shortage List.

We need to find out detailed court proceedings of this case to evaluate our chances of winning the case.After all now we should be mentally ready for legal battle in the court for our rights.

sowhat · Post by **sowhat** » Sat Apr 01, 2006 3:53 pm

easylife4me wrote:sowhat

check this out
http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

as I said you should take into account the statement of changes here since it's a part of the document.
I guess it overwrites 4 years in 134(i)...

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 4:13 pm

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

this is released on 31st. talking about 4 years for WP holders and 5 years for HSMP

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 4:42 pm

the picture is getting clear

http://www.ind.homeoffice.gov.uk/ind/en ... rules.html

on this page it say at the very begining

This is a consolidated version of the current Immigration Rules. Any changes to this version will be highlighted in italic text from the date of the change being laid before Parliament and until 28 days after the change taking effect.

All Parliamentary 'Statement of Changes in Immigration Rules' issued since May 2003 are available at the bottom of this page.

This site was last updated in March 2006.

on the following link

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

this is not in italics

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 4 years in the United Kingdom in this capacity; and

(ii) he has met the requirements of paragraph 131, 131A, 131B, 131C, 131D, 131E or 131F throughout the 4 year period; and

(iii) he is still required for the employment in question, as certified by his employer.

while this is in italics

Indefinite leave to remain as a highly skilled migrant

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) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years? leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as work permit holder under paragraphs 128 to 134 of these Rules, or as an Innovator under paragraphs 210A to 210H of these Rules; and

sowhat · Post by **sowhat** » Sat Apr 01, 2006 8:02 pm

From the Statement of Changes in Immigration Rules HC 1016 - March 2006

12.In paragraphs 134(i), 142 (i), 150(i), 158(i), 159G(i), 167(i), 176(i), 184(i), 187, 190, 192(ii), 209(i), 222(i)
and (ii), 230(i), 238(i), 264, 267, 269(i), 255, 255A, and 255B for "4 years? (wherever appearing), substitute
"5 years".

13.For paragraph 134(ii), substitute:

"(ii) he has met the requirements of paragraph 128(i) to (v) throughout the 5 year period; and".

14.In paragraphs 135B, 137, 145, 162, 171, 179, 204, 215, 225, and 233 for "12 months", substitute "2 years".

15.For paragraph 135G(i), substitute:

"(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years? leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as work permit holder under paragraphs 128 to 134 of these Rules, or as an Innovator under paragraphs 210A to 210H of these Rules; and"

Which is the summary of all changes to date. The fact that paragraph 135 was changed in the main document (Rules) and 134 wasn't does not change anything. We've got 5 years for both categories.

aj77 · Post by **aj77** » Sat Apr 01, 2006 8:22 pm

Check the Form SET(O) before applying for ILR.
There is a special note for those who will apply for ILR on or After 3rd April 2006 at the end of the form.This will clarify all confusions.

http://www.ind.homeoffice.gov.uk/ind/en ... 20Form.pdf

aj77 · Post by **aj77** » Sat Apr 01, 2006 8:37 pm

Now we should be ready for the legal battle in the court for our rights.
Atleast we could tell them that this unjustice will create further insecurity to every immigrants.Nobody knows after some years for the sake of securing their borders they can stop issueing ILR even.

I wont be a surprised if they would ask after some years to ILR holders to leave the country as they don't need immigrants anymore.

easylife4me · Post by **easylife4me** » Sat Apr 01, 2006 8:45 pm

so whats the final verdict..
how manyyears for IRL

As i can make out ..
4 yrs for wp
5 yrs for HSMP

aj77 · Post by **aj77** » Sat Apr 01, 2006 8:50 pm

I think you didn t see the link ,I posted.
For everybody it s 5 years now with immidiate effect.All of us are on the same boat.Don't worry.
They were just playing with all of us to pass the time.
As they can change their stance on any issue by their ridiculous interpretation of their own words at anytime.

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5 years for ILR rule implemented