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Things are not clear yet.. We have to wait until the implementation!markotsg wrote:Hello All I am currently on Tier 1 extended from HSMP till July 2012
I have been aware new rules will be in place from July 2011.
Considering I will be aplying for ILR in July 2012 will I be apllying under old rules?
The bellow is confusing
The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP
As I have entered UK in July 2007 as HSMP does that mean new rules will not effect me?
Many thanks
The key word above is legitimate expectation and I would argue that any one who got HSMP post Dec 2006 can not claim that he had legitimate expectation that they will settle within the time period stipulated in the immigrations rules in force at that time, as all of them signed on the dotted lines in the app form which clearly said that future extensions etc will be granted as per the rules applicable at the time of such future applications.markotsg wrote:Hello All I am currently on Tier 1 extended from HSMP till July 2012
I have been aware new rules will be in place from July 2011.
Considering I will be aplying for ILR in July 2012 will I be apllying under old rules?
The bellow is confusing
The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP
As I have entered UK in July 2007 as HSMP does that mean new rules will not effect me?
Many thanks
push wrote:Apologies - Yes, I meant post Dec 2006. I have edited my comment above to reflect the same now. Thanks for pointing out.SKUK wrote:I think you meant "post Dec 2006" ?
push wrote:Apologies - Yes, I meant post Dec 2006. I have edited my comment above to reflect the same now. Thanks for pointing out.SKUK wrote:I think you meant "post Dec 2006" ?
push wrote:No- this is my personal belief though. The reason I see a problem with the above statement is - They have cleverly added the rider of "legitimate expectations". If they really wanted to keep it open for all HSMP holders, they would not have added the above qualification. I have to admit that may be I am reading too much into it. No one can be sure till the final guidelines re the same are published.
No govt will try to again interpret court decision , so all those meeting condition of april 2006 , should be tested under those conditions.markotsg wrote:Hello All I am currently on Tier 1 extended from HSMP till July 2012
I have been aware new rules will be in place from July 2011.
Considering I will be aplying for ILR in July 2012 will I be apllying under old rules?
The bellow is confusing
The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP
As I have entered UK in July 2007 as HSMP does that mean new rules will not effect me?
Many thanks
OP is asking about post Dec06 applicants. In any case Courts are not above legislature.Sushil-ACCA wrote:No govt will try to again interpret court decision , so all those meeting condition of april 2006 , should be tested under those conditions.markotsg wrote:Hello All I am currently on Tier 1 extended from HSMP till July 2012
I have been aware new rules will be in place from July 2011.
Considering I will be aplying for ILR in July 2012 will I be apllying under old rules?
The bellow is confusing
The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP
As I have entered UK in July 2007 as HSMP does that mean new rules will not effect me?
Many thanks
yes, court is not above lawpush wrote:OP is asking about post Dec06 applicants. In any case Courts are not above legislature.Sushil-ACCA wrote:No govt will try to again interpret court decision , so all those meeting condition of april 2006 , should be tested under those conditions.markotsg wrote:Hello All I am currently on Tier 1 extended from HSMP till July 2012
I have been aware new rules will be in place from July 2011.
Considering I will be aplying for ILR in July 2012 will I be apllying under old rules?
The bellow is confusing
The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP
As I have entered UK in July 2007 as HSMP does that mean new rules will not effect me?
Many thanks