4yrs to 5 yrs HSMP Rule JR Judgement on 6th April

Judgment Transcript

regards

Sekkappan, that is the 'million dollar' question. If i remember correctly the HO only implemented the last changes after further pressure and possibly threat of court action from the Forum. I am not sure but i think it was about 3 months, other members can correct me if i am wrong.

Hopefull it wont be too long this time round. If i were you i would be getting all my paperwork ready in anticipation.

I bet HO won't give in without a fight!!

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.

Do you think HO will give a refund to those who had to pay for the extra year...

I think HO may drag its feet to such a date when all the eligible people would have reached their 5 years!

But the ruling does set a precedence vis a vis the earned citizenship stuff - no more retrospective application of rules!

Where is Papafaith - I assume you are laughing all the way to Croydon

The Parliamentary Joint Committee on Human Rights in its recent report stated as follows in reference to our April 2008 Judicial Review Judgment; "The High Court held that the terms of the original scheme should be honoured and that there was no good reason why those already on the scheme should not enjoy the benefits of it as originally offered to them. The generality of this reasoning seems to be as applicable to the April 2006 changes as to those made in November 2006.(pg 50)"

Chess wrote:Do you think HO will give a refund to those who had to pay for the extra year...

I think HO may drag its feet to such a date when all the eligible people would have reached their 5 years!

But the ruling does set a precedence vis a vis the earned citizenship stuff - no more retrospective application of rules!

Where is Papafaith - I assume you are laughing all the way to Croydon

Even if HO will drag it for another year they will have to backdate the ILR and naturalisation because of the judgement. Although this "drag" could put the refund of the visa fee in doubt.

Chess wrote:Do you think HO will give a refund to those who had to pay for the extra year...

I think HO may drag its feet to such a date when all the eligible people would have reached their 5 years!

But the ruling does set a precedence vis a vis the earned citizenship stuff - no more retrospective application of rules!

Where is Papafaith - I assume you are laughing all the way to Croydon

Yes Papafaith should be jumping up and down. It has been a struggle but thanks to those who have kept the faith.

with regards to fees
80. It was made clear during the hearing, as I have already stated, that the Secretary of State accepts that it is necessary to deal with the individuals who were members of the scheme before April 2006. She accepts too that no individuals should be disadvantaged in relation to being removed from the UK and in relation to being asked to pay an additional fee. However, in my judgment, the proposed policy referred to in the letter of 19 February 2009 does not go far enough, for the reasons I have given.

81. My provisional view is that the Claimant is entitled to the relief sought, but I shall invite submissions from counsel as to the appropriate relief in this case before deciding on the form of the Order.

This is very good news

When you enter the HSMP you shold enjoye the commitment made at the entrance not the current !!

How about the age points you lose at extension ? when you are young you are given more points !! when you are 34 (after entring the UK on HSMP at age 30) you don't get any points.

tipu20 wrote:This is very good news

When you enter the HSMP you shold enjoye the commitment made at the entrance not the current !!

How about the age points you lose at extension ? when you are young you are given more points !! when you are 34 (after entring the UK on HSMP at age 30) you don't get any points.

This was dealt with at the first JR.

From the transcript, I think the Home office is happy to ensure we dont have to pay the extra fees - so I am assuming that if you have extended at the end 4 years and then you apply for ILR again we dont have to pay the fees of £750.

"... she (secertary of state) accepts also that no individual should be disadvantaged, in relation to being removed from the UK or being asked to pay an additional fee. The dispute, therefore, centres on the maintaining of a fifth, qualifying year against those who joined the scheme when the qualifying period was 4 years. "

But whats not very good to note that in the end the judgement says - this is the provisional view and that she invites submission from the counsel as to what approporiate relief.... before deciding on the form of the order.

Sekkappan wrote: But whats not very good to note that in the end the judgement says - this is the provisional view and that she invites submission from the counsel as to what approporiate relief.... before deciding on the form of the order.

Does it mean that a new policy should be prepared how the 'relief' sought have to be made ?

Does this affect wp holders as well.I came on wp in Jan 2005?

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.

How so? The guidelines (post Apr06) clearly mentoned that ILR qualifying period for ILR was 5 years. And the judgment ensures that the government will not be able to increase that as per their wishes.

The case was not to fight against 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 guidelines effective at the time an HSMP was initially made.

Hope this helps.

regards

sushdmehta wrote:

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.

How so? The guidelines (post Apr06) clearly mentoned that ILR qualifying period for ILR was 5 years. And the judgment ensures that the government will not be able to increase that as per their wishes.

The case was not to fight against 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 guidelines effective at the time an HSMP was initially made.

Hope this helps.

regards

Yes you are right - But all those who have applied before Apr 2006 can apply for ILR after 4 year. beacuse before Apr 03, 2006 ILR qualifying period was 4 years.

Yes it cover both aspects 1- now govt can not increase ILR period 2- those who have applied before Apr 2006 can apply for ILR after 4 years.

The judgement throws open another issue for debate. Honourable Judge has pronounced a number of times that HSMP applicants had reasonable expectations of getting a permanent residence. I think this applies equally to those who applied even after April/Dec 2006 (I agree that everyone signed on the declaration that the regulaions will be subject to changes etc.) i.e. there has been a "reasonable" expectation for ILR after 5 years.

What I am trying to drive at is: There is a real possibility that after this judgement HO might further be dissuaded from changing the ILR qualifying period for those who are already in UK under the current rules. This seems more likely after HO decided not to change the qualifying points for extension cases when they changed the rules recently. In the committee discussions too this question was raised and the response of the Minister was equivocal.

Wishful thinking...... may be....

push_hsmp wrote:The judgement throws open another issue for debate. ..

Very right, now perhaps one need to wait and see how Home Office will handle the effects of the ruling. I have read the ruling and it has lot of misery for home office and lot of relief for immigrants. I expect if Home office will implement the changes fully they would need to do many things. It will take time for them to bring new updated forms in view of new JR ruling. They have just released new Set(O) forms with new updated fee schedule on that.

This judgement has a very narrow scope. Giving HSMP holders ILR who have entered the scheme before April 2006. Basically Most of HSMP holders who have entered before April 2004 already finished 5 years.

For those who have entered between May 04 to May 05 will qualify now.
and rest of guys on as and when they finsih 4 years period.

1. The real savings in time can range from 1 month to 1 year.
2. Those who have finished already 4 years,there is No need to show any economic activity evidence after 4 years. (see the proposal outlined by HO in policy change 19 feb 2009 as part of the judgement)
3. HO need to create a section in set(O form for this judgement and don't charge any fee.

That's it. There is no relief outline in judgement for hsmp holder entered the scheme between Apr and nov 06. There won't be any change.

Hope this helps.

HO deciding not to appeal.

A Home Office spokesman said: "This case was about an old set of rules that have been swept away by our new points-based system.

"We believed we had fully implemented the previous judge's findings relating to the changes we made to the HSMP in 2006.

"The High Court took a different view and we accept its findings.

"We will now carefully consider the judgment before publishing our remedies."

http://www.telegraph.co.uk/news/uknews/ ... uling.html

tech wrote:This judgement has a very narrow scope. Giving HSMP holders ILR who have entered the scheme before April 2006. Basically Most of HSMP holders who have entered before April 2004 already finished 5 years.

For those who have entered between May 04 to May 05 will qualify now.
and rest of guys on as and when they finsih 4 years period.

1. The real savings in time can range from 1 month to 1 year.
2. Those who have finished already 4 years,there is No need to show any economic activity evidence after 4 years. (see the proposal outlined by HO in policy change 19 feb 2009 as part of the judgement)
3. HO need to create a section in set(O form for this judgement and don't charge any fee.

That's it. There is no relief outline in judgement for hsmp holder entered the scheme between Apr and nov 06. There won't be any change.

Hope this helps.

Savings in time can be more than 1 year if you consider the proposed citizenship bill. Without it, someone who entered the country early 2006 might have had to go through probationary citizenship until 2014-2015, who knows? But now they get ILR in 2010.

The judgement does two things - first it gives back the pre-April 06 HSMPians the terms under which we entered this country. Second, it makes the HO more unlikely to introduce unfair, retrospective changes to immigration rules in the future.

The Home Office has decided not to appeal against the Judgment. This is a great decision .... opposite to last time where they initially said they will appeal against the first JR Ruling. I expect home office will soon publish the new forms and invite the people to apply based on new JR Ruling...

I have a question. My partner was in the UK on wp from December 2005. He got his hsmp approval in March 2006. However he got his flr changed and his passport stamped only in June 2006. Does he still qualify for 4 years ILR or is it 5 years ILR for him ?.

Please give me your thoughts.

Thanks

lemme tell u one think. We r the brains N no one can mess with it not even HO. so lagay raho ......

Question is there from when the approved ILR ( in the light of JR ) clock will be started?

1) Say some one already passed 4 years period in HSMP category in 1st
July '08 (means 1+3+3 visa holder)

2) Under JR implementation he has applied ILR now say in 1st May '09.

3) From what date his ILR clock will be started ? From the date when he
finished 4 years time i.e. 1st July '08 or when he has applied ILR i.e.
1st May'09 ?

4) If his ILR clock start from the date when he finished 4 years time then
will he get state benefit ( if applicable ) from this ILR start date ?

5) And who already got ILR after 5 years, will be allowed to apply
citizenship now ?

It will be really messy and interesting! This is why today 'The Telegraph' said that HO has to componaste many pounds for implementation of JR ?

Any idea ?