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

supercreature · Post by **supercreature** » Fri Apr 03, 2009 11:57 am

The Judicial Review Judgment will be given on 6th April 2009 at 2pm !

dejavus · Post by **dejavus** » Fri Apr 03, 2009 1:07 pm

keep the fingers crossed!!!

kiwi_in_the_uk · Post by **kiwi_in_the_uk** » Fri Apr 03, 2009 2:36 pm

details here:

http://www.hmcourts-service.gov.uk/cms/list_admin.htm

supercreature · Post by **supercreature** » Fri Apr 03, 2009 4:19 pm

@kiwi_in_the_uk

Yes, I think hsmp forum had a very strong case, lets see the outcome.

kiwi_in_the_uk · Post by **kiwi_in_the_uk** » Fri Apr 03, 2009 4:20 pm

Indeed. It's going to be a very long weekend, waiting!

supercreature · Post by **supercreature** » Fri Apr 03, 2009 4:27 pm

In case if HSMPForum wins, I wonder how UKBA will handle these situations,

1. Those who had to go for for another extension after 4 years ... and paid unfair 750Â£ for extension. Would UKBA adjust those charges?

2. Would UKBA ask those customers to give the Life in UK test and then file ILR application?

3. Third but should be the first thing to ask, if UKBA will go for the judgement review or be content at the court decision and make the changes in view of the judgement

republique · Post by **republique** » Fri Apr 03, 2009 7:36 pm

supercreature wrote:In case if HSMPForum wins, I wonder how UKBA will handle these situations,

They simply will drag their feet, I wouldn't savour that cookie yet.

Sky_High · Post by **Sky_High** » Fri Apr 03, 2009 8:03 pm

If they do not accept this for WP holders than I am sure that they have to face another JR. Poor Porn lover Jacqui - you can not expect worse than this.

supercreature · Post by **supercreature** » Fri Apr 03, 2009 11:10 pm

UKBA is sending a letter to all who are now getting extensions after 4 years ... which states that they are granting 3 years extension as ILR 5 year period is subject to change and this 3 years should be sufficient to take you to ILR ...

It means UKBA is telling people that ILR period going to be increased from 5 year to some other higher figure. bravo isnt...

This is one reason UKBA should loose this case so they can not apply changes retrospectively

tech · Post by **tech** » Fri Apr 03, 2009 11:54 pm

It refers to New citizenship bill which makes qualifying period for ILR as 8 years. you won't be getting that automatically. After 5 years , you go into probationary citzenship and wait for 3 years to get ILR.
So your existing Leave to remain won't help you If new laws come into effect

yasa · Post by **yasa** » Sat Apr 04, 2009 12:29 am

No need to speculate. lets wait till 6th.

dejavus · Post by **dejavus** » Sat Apr 04, 2009 11:37 am

Can anybody attend the court? What is the address and post code of administrative court number 27?

dejavus · Post by **dejavus** » Sun Apr 05, 2009 10:31 pm

HO have increased the fee for all categories including ILR because they are expecting a loss tomorrow. The difference will have to be paid by those who applied extension in 5th year(I guess). Another cheap TRICK by HO.

supercreature · Post by **supercreature** » Mon Apr 06, 2009 9:22 am

Do you mean to say they are loosing money at one end and now trying to cover it by raising it from increasing the fee

supercreature · Post by **supercreature** » Mon Apr 06, 2009 11:52 am

Found a useful link to the proposed changes and HSMPForum objections ...

http://www.publications.parliament.uk/p ... /62/62.pdf

karupalli · Post by **karupalli** » Mon Apr 06, 2009 1:07 pm

Congratulations! We have won the HSMP ILR Judicial Review. Please find the details at forum website.

dejavus · Post by **dejavus** » Mon Apr 06, 2009 1:19 pm

@karupali
no update on forum website yet

ran · Post by **ran** » Mon Apr 06, 2009 1:32 pm

great news - awaiting details about what will be the application process and stuff....

ran

geriatrix · Post by **geriatrix** » Mon Apr 06, 2009 1:35 pm

Good work

regards

supercreature · Post by **supercreature** » Mon Apr 06, 2009 1:36 pm

Great news

HSMP won 4 year ruling

Release on HSMPForum "Congratulations to all we have won the HSMP ILR JR !"

dejavus · Post by **dejavus** » Mon Apr 06, 2009 1:41 pm

This decision will have significant impact even on those who got HSMP after April 06 with regards to citizenship bill.
I think we all owe a big thanks to HSMP forum, and judiciary of this country.
Congrats to all.

supercreature · Post by **supercreature** » Mon Apr 06, 2009 1:56 pm

Any idea if the Life in UK test would also be exempted now after this ruling?

f2k · Post by **f2k** » Mon Apr 06, 2009 2:06 pm

supercreature wrote:Any idea if the Life in UK test would also be exempted now after this ruling?

Would need to read the transcript of the judgement when its available, also WHEN the ho decide to implement the ruling we would need to see what the forms say. I of course hope that the judge has told the HO to take it back to what it was before April 2006 so nobody is disadvantaged in anyway.

Sekkappan · Post by **Sekkappan** » Mon Apr 06, 2009 2:17 pm

Does anyone know as to how long this judgement today will take to be implemented. I came to uk on 22nd May 2005 and now that this case has been won, I can apply from my ILR on 22nd April 2009 - just wondering if these changes would come into effect so early.

Also at that point in time, there was no need to write the Life in Uk test, now that the court has ordered that the old rules apply, are they going to ask us to write this test?

What do you think will happen to those who have extended the visas after 4 years - do they have to pass the test & pay the fees again?

Any reply will be much appreciated.

supercreature · Post by **supercreature** » Mon Apr 06, 2009 2:21 pm

Yes you are right but the judgement looks very clear that HSMP immigrants shall enjoy the benefits of the programme when they joined the program. I had 1+3 years extenstions already and I paid 750Â£ for another extension few months ago. I expect in the light of judgement either the adjustment of charges in the ILR application or a refund. Secondly the revokation of Life in UK test, and lastly the backdated start date on ILR Stamp on passport.

Judgement is:
" Mrs JUSTICE COX DBE in her Judgment today at the high court observed â€œâ€œThe ratio of the decision, in my view, is clear. It was a substantive, legitimate expectation of all those on the HSMP that they would enjoy the benefits of the programme, as they were at the time they joined it. If the judge had been seeking to identify a narrower, legitimate expectation he would have said so.â€

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

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

Congratulations

We have won the HSMP ILR judicial review

When will this judgement today come into force