Immigrationboards.com

vinny · Moderator Joined: 25 Sep 2007 Posts: 12139

Watch out old work permit holders
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Greenie · Guru Joined: 21 Aug 2008 Posts: 6953

Potentially helpful case for old work permit holders applying for ILR in particular that the tribunal held that the requirement for salary to meet the minimum as set out in the Code of Practice would not be appropriate in the case of a work permit holder who has never needed a certificate of sponsorship.

Philipson (ILR – not PBS: evidence) India [2012] UKUT 00039(IAC)

i) A decision on an application under rule 134 of the Immigration Rules for indefinite leave to remain is a not a points-based decision to which s.85A of the Nationality, Immigration and Asylum Act 2002 as amended by s.19 of the UK Borders Act 2007 applies.

ii) Post decision evidence of a back-dated wage increase is admissible on appeal to demonstrate compliance with rule 134(iv).

iii) It is doubtful whether rule 134(iv) applies to those who never needed a certificate of sponsorship with a salary level identified in guidance relating to such certificates.

iv) If such a person could not comply with the rules on settlement for reasons of a new salary level, there was a strong claim that leave to remain was required to respect the private life established in the reasonable expectation of settlement if the conditions for settlement applicable on arrival were adhered to, and a relatively weak case for justifying interference with such private life to promote a legitimate public interest recognised by Article 8(2) ECHR.

vinny · Moderator Joined: 25 Sep 2007 Posts: 12139

Good news for old work permit holders.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

Joe21 · Newbie Joined: 07 Feb 2012 Posts: 4

Hi so what will the HO do to those of us already refused based on this code of practice, any ideas?.
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Settlement

bump · Junior Member Joined: 30 Dec 2011 Posts: 44

i got rejected on COP criteria. i know some other guys with the same fate. does this mean we have a chance of appeal?

can anyone give any answer please?

Vishal100 · Newbie Joined: 29 Sep 2011 Posts: 8

Guys mean if there is a judicial review for all old style work permit holders there are good changes considering the recent judgement in our favour.

Has any one placed a Judicial review application yet?

I am planning to go ahead as I am not getting pay rise, does any one know good solicitors basically expert in Judicial review process of immigration matters.

Thanks

Vishal

Joe21 · Newbie Joined: 07 Feb 2012 Posts: 4

When were you rejected as mine was rejected this month though waiting for my passport.
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Settlement

Joe21 · Newbie Joined: 07 Feb 2012 Posts: 4

Have you got your passport from them? So this decision means the HO should automatically review its policy on that code and recalled all those rejected for review.
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Settlement

Vishal100 · Newbie Joined: 29 Sep 2011 Posts: 8

Hi

I made application via premium service on 2nd Nov.2011 and received back my passport with rejection on 13th Dec. 2011.

Does it mean with this decision the new application made would be granted settlement and will Home office case worker keep this decision in mind with assessing the application now?

Regards

Vishal

vinny · Moderator Joined: 25 Sep 2007 Posts: 12139

Ask for a reconsideration based on the new case law. If you have a right of appeal, then appeal within the time limit.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

Vishal100 · Newbie Joined: 29 Sep 2011 Posts: 8

Hi

I have already made the reconsideration once on 6th Jan.2012 and received the response from Home Office on 23rd Jan. that this issue is something related to policy introduce on 6th April 2011

They will pass it to Migration Policy team and give me feedback but haven't heard anything yet.

Shall I send them another re-consideration letter

Thanks

Vishal

Joe21 · Newbie Joined: 07 Feb 2012 Posts: 4

Does HO received this notification and hence to change that policy on their website?
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Settlement

Vishal100 · Newbie Joined: 29 Sep 2011 Posts: 8

Dear All,

Have been discussing the recent judgment with Barristers but, it’s not entirely in favor of work permit holder as the appellant already had letter of pay rise which was back date hence they partially full fill the income requirement.

I am planning Judicial Review process for Old work permit holder especially for people who cannot meet the income criteria, for those who are already been refused and no way out.

Please get in touch to me with your situation as I would need more evidence to make the case stronger.

Thanks
Vishal Parekh
Graduate_Vishal@yahoo.co.uk
07576535410

Vishal100 · Newbie Joined: 29 Sep 2011 Posts: 8

Dear All,

I would like to draw to attention towards the Immigration Consultant / Solicitors who pretends the law is NOT applicable to old style work permit holder. But, actually that is NOT the case it is applicable to EVERY ONE, in order to make you there client they lie to you as if the law does not exist for old style work permit holder please be careful.

Kind Regards

Vishal

customer_s · Newbie Joined: 08 Mar 2012 Posts: 9

KaneBarnet · Newbie Joined: 14 May 2012 Posts: 7

vinny · Moderator Joined: 25 Sep 2007 Posts: 12139

Ferrer (limited appeal grounds; Alvi) Philippines [2012] UKUT 304 (IAC) (01 August 2012).
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We do not inherit the Earth from our ancestors, we borrow it from our children.

lapppt · Junior Member Joined: 31 Oct 2006 Posts: 27

memoa · Posted: Tue Jan 15, 2013 8:52 pm Post subject:

vc555 · Member Joined: 25 Oct 2012 Posts: 51