Time for Legal action now-Few Suggestions

[aj77]

As we are now sure that the rule of 5 in stead of 4 year is going to implement from tomorrow restrospectively,we need to make a proper strategy now to fight against the implementation method of those changes as we are not against these changes as it might be in best interest of UK but against it s implementation restrospectively.

It s implementation with immidiate effect to all current visa holders is not even in the interest of UK as it will create insecurity, frustration and lack of trust on government policies and promises by the future immigrants specially related to Highly Skilled Catagory,Work permit holders,Investors,Innovators etc.

This is UK government s strategy to attract talented people from all over the world towards Uk for Permanent Settlement and creating Insecurity and lack of trust on Government in the minds of talented people will not be in the benefit of Government even.As we are not Assylum Seekers ,we were well settled in our country on reputable posts with good earning and status.The Uk government attracted us with their promises to immigrate to UK quiting well reputable jobs from our country.

We are just protesting against it s implementation procedure because we made the strategy to pass our lives according to the committments Government made with us.

If we can survive 4 years ,we can survive 5 years too but it is unjutice to break promises with the talented people from all over the world with the same time our strategy to pass our lives according to our plans will badly hurt.We are not bothering about unemplyment Allowance etc but legitimate right to buy Houses on mortgage,to give better education to our kids as they wont considered home students till we ll get ILR.
These are our basic rights after leaving our countries and passing 4 years in new country and society.

No what should we do?

First of all I am posting some links over here so that anybody who is against the implementation of this change can read effective duscussion we had in last 15 days under different topics.

http://www.immigrationboards.com/viewto ... &start=390

under the heading 5 Years for ILR rule Implemented


http://www.immigrationboards.com/viewto ... 5&start=60

under the heading who are interested in protest against changes of 4-5


you can sign up this petition if you want to join the struggle against implementation process of these changes

http://www.petitiononline.com/ILR45/petition.html

We need to be focused, organised and united if we want to struggle effectively.So it is necessary for everybody to sign it to join us.

Out of us some would affect immidiately in coming months, some little later and some can join just for the sake of justice.As once the door of unjustice opened then it wont have any end.
I would request other members to collect effective material from above posts which could be useful from legal point of view as we need legal battle in the court now and everybody can t read the above links fully.
I would suggest senior members to give us feedback of their efforts related to legal action so that everybody should be fully updated with every effort being made yet.

Anybody who want to apply in coming months share his concerns so that we would see whose case is much stronger to file in the court.

any concerns, any suggestions,any opinion related to illegality of the implementation of these changes would be welcomed

[morerightsformigrants]

Dear All,



I now have a confirmed conference meeting for all who are interested in helping us to campaign against the government plans to change the current qualifying period for settlement from 4 years to 5 years.



I am very concerned about the new 5 year qualifying period for indefinite leave to remain. I feel it is unfair to all those who are existing employment related category visa holders since they were under the impression that they were eligible to apply for indefinite leave to remain after 4 years. They have planned the lives and their family’s lives around this and as a result they are anxious about the changes and its effects on them. Naturally they are very confused and upset. I genuinely feel that the new law should not be applied retrospectively but rather that the old rules should apply to this category of people instead.



If anyone should have the same concerns please come to our conference where we will address the issue in more detail and will explain the course of action we propose to take.



Please pass the message on to anyone else who is interested.



Saturday 8th April – 2pm

Oriental City

Cultural Room, 2nd Floor

299 Edgware Road

NW9 0JJ



Yours sincerely,

this event is going to be host by Christine Lee & Co. is the largest ethnic Chinese law firm in the UK with international reputation.
if you want to know more about her please visit http://www.christine-lee.co.uk/index.htm or send her an e-mail if you have any questions Ann.Lee@Christine-Lee.co.uk they are great they replied my e-mail the same day...... not like the bloody mp ... still waiting for his reply (2 weeks) now.... still waiting....

i'll try to be there and hopefully you guys too..... together we won't be defeated.

[aj77]

Really good news and great progress from another forum. One of member has met solicitor today and please find the following information.

Time: 12:00~13:00 Tue, 28 Mar. 06
Attendee: Louis, G******y
Topic: Legal Advising about extending ILR qualifying years from 4 to 5

Minutes:
1. Mr G******y H*****g is the senior immigration caseworker of Barnet Law Centre. Before working for law centre, he was a charted barrister. Barnet Law Centre is part of community legal service sponsored by Barnet council.
2. By English law, any new policy/law must be reviewed and consulted by public. As far as the adviser knew, many immigration organizations expressed serious concerns about the changes but Home Office still decided to push the 4->5 regardless any critics. “The home office consulted us because they had to do so by law, but they never listen actually”. There is no way to make them change minds in fact.
3. Home Office has to sustain themselves by income from passport application fees and visa application fees, so they intend to enlarge qualifying period to make more money from that. Many unexposed reasons/trade-offs make immigrants harder.
4. Immigration law is particularly unfair part in whole English law, because only affected persons are immigrants…
5. The deadline of suing is within 3 months after refused decision made from Home Office.
6. If any person wins in Court, this case can be directly applied to others with similar situation. (One wins, all wins)
7. Non-retrospective is a major principle in English law. If the barrister can prove the change is retrospective, he/she will definitely win in the court. But Home Office can argue that the application for ILR is a different application for work permit/HSMP, so the 4 to 5 years change to current WP/HSMP holders is not retrospective at all. Only judge can make the final decision.
8. Louis got an immigrant-specific solicitor’s phone number and would try to have a talk with them then.

It is important post.We just need to prove change is retrospective as non-retrospective is major principal in English Law.And it's One win, all win situation

[aj77]

Non-retrospective is a major principle in English law

I wouldl be thankful if anybody could reply these questions in detail


1.What is HSMP programme?

2.Can anybody define word" retrospective" as most of us need clear understanding of this word?

3.What was the main idea of launching the programme of HSMP?Were they looking some workers for short term?

4.Who was responsible for making that policy?

5.Is ILR part of HSMP programme or ILR is different issue altogether?

6.if ILR was not the part of HSMP, on whom behalf HSMP Team invited to apply for ILR after 4 years to HSMP applicants and why it has been included in HSMP Guidance policy

7.Considering the email replies sent to HSMP applicants by HSMP Team not by any individual,does it have any legal value?
or they have full descretion to say anything or interpret their wordings by their own way or they are bound to reply responsibly?

8.these changes are retrospective or not?

I am asking all this related to HSMP because it looks like this can become stronger case and can make the ways for others too.Surely they did some other violationts too but we should be clear by ourselves first that these changes are retrospective or not?