Introduction of immigration cap deemed unlawful

calvtan · Post by **calvtan** » Fri Dec 17, 2010 3:31 pm

LATEST:

Home secretary loses legal challenge against her policy of imposing temporary immigration cap

Just saw this on BBC headlines, but no link for full details yet... good news for Tier 1?

Here you go:
http://www.bbc.co.uk/news/uk-politics-12022613

Fairychild · Post by **Fairychild** » Fri Dec 17, 2010 3:44 pm

Interesting Development!

NeoZ · Post by **NeoZ** » Fri Dec 17, 2010 3:47 pm

calvtan wrote:LATEST:

Home secretary loses legal challenge against her policy of imposing temporary immigration cap

Just saw this on BBC headlines, but no link for full details yet... good news for Tier 1?

Here you go:
http://www.bbc.co.uk/news/uk-politics-12022613

In my opinion, it is termed 'unlawful' because of the manner in which it was implemented (no parliamentary approval etc.) and NOT the contents of the policy.

So, good news for people who are applying from outside UK for tier1. However, the permanent cap from April, 2011 and related changes should stay as announced.

manojk005 · Post by **manojk005** » Fri Dec 17, 2010 3:47 pm

calvtan wrote:LATEST:

Home secretary loses legal challenge against her policy of imposing temporary immigration cap

Just saw this on BBC headlines, but no link for full details yet... good news for Tier 1?

Here you go:
http://www.bbc.co.uk/news/uk-politics-12022613

It proves that this coalition government is acting like a gang of teens, who do things without any proper plan.

waseemjee · Post by **waseemjee** » Fri Dec 17, 2010 4:29 pm

how can it be beneficial to the new applications ? any suggestions ?

waseemjee · Post by **waseemjee** » Fri Dec 17, 2010 4:30 pm

here is another link related to news

http://www.guardian.co.uk/uk/2010/dec/1 ... ration-cap

geriatrix · Post by **geriatrix** » Fri Dec 17, 2010 4:35 pm

For out-country applicants the ruling offers a (perhaps temporary) respite from the interim cap until such time that the loophole is plugged through parliamentary approval (of the interim cap).

Alternatively, the govt. may decide to abide by the ruling, do nothing, and issue visas to all "successful" applicants until Tier 1 (General) is closed for good in April 2011.

The case was against the interim cap introduced and the court ruled that the cap was unlawful because of a technicality (parliamentary scrutiny not undertaken before introducing the cap) and not because the government cannot undertake such measures.

regards

Manas · Post by **Manas** » Fri Dec 17, 2010 4:52 pm

sushdmehta wrote: The case was against the interim cap introduced and the court ruled that the cap was unlawful because of a technicality (sidestepping parliamentary scrutiny before introducing the cap) and not because the government cannot undertake such measures.

regards

Following this ruling, what about the host of drastic changes in Immigration Policies that are on the cards, including scrapping of T1(G), proposal to scrap PSW, new rules for ILR and other proposals for Settlement Reforms? Would all of these changes not require Parliamentary Approvals, or have these changes been planned to be introduced with proper Parliamentary Approval?

xleft · Post by **xleft** » Fri Dec 17, 2010 4:56 pm

Well, as BBC article mentioned - it's not a fatal blow for new immigration policy in general. Yes, but it's good that Theresa May got her fingers burned a little. Conservatives act like they are heroes which this country was craving for. Labour were not complete idiots when they introduced previous policy. And UK was still not easy country to immigrate to under Labour as well. This government may collapse before they implement their new rules. You get this impression when you see that some of their proposals are quite wise but others are completely crazy. It does not look mature and soon more people will notice it.

geriatrix · Post by **geriatrix** » Fri Dec 17, 2010 4:57 pm

Manas wrote:Following this ruling, what about the host of drastic changes in Immigration Policies that are on the cards, including scrapping of T1(G), proposal to scrap PSW, new rules for ILR and other proposals for Settlement Reforms? Would all of these changes not require Parliamentary Approvals, or have these changes been planned to be introduced with proper Parliamentary Approval?

The govt. has ample time to undertake parliamentary scrutiny where ever necessary for the immigration policy changes the government plans to introduce in the future.

Given the ruling, don't expect the government to make the same mistake again in cases where such parliamentary scrutiny may be necessary / mandatory.

regards

Manas · Post by **Manas** » Fri Dec 17, 2010 5:20 pm

sushdmehta wrote: The govt. has ample time to undertake parliamentary scrutiny where ever necessary for the immigration policy changes the government plans to introduce in the future.

Given the ruling, don't expect the government to make the same mistake again in cases where such parliamentary scrutiny may be necessary / mandatory.

regards

Thanks for your reply Sushdmehta.
That means the new rules proposed to be effective from April 2011, for example, scrapping of Tier1(G), does not the Govt seek approval from the Parliament? Or the govt has already taken parliamentary approval? By parliamentary approval is it meant that these changes needs to be ratified by majority of MPs within the Coalition, or Cabinet approval?

hydviv · Post by **hydviv** » Fri Dec 17, 2010 5:21 pm

Thanks for sharing the news..This should be blessing in disguise for all Tier1 out of EU applicants who are anxiously waiting if they would make it to the next 1800 cap of 3 months..

The news is nice music especially...
"The ruling has nullified the current temporary cap, meaning it is no longer in force.
But ministers can introduce a new cap when Parliament returns in January. This would come into effect immediately but MPs and peers would be able to challenge it within 40 days"

My doubt is will UK BDHc start issuing Visas now for the ones that are in Queue since Oct/Nov/Dec till it's brought into Parlaiment in Jan? i.e., Applying in next few days qualify for no cap along with all Tier1 successful applications recieved so far?

visaforv10 · Post by **visaforv10** » Fri Dec 17, 2010 5:31 pm

hydviv wrote:But ministers can introduce a new cap when Parliament returns in January.

Any idea on which date Parliament returns in January?

geriatrix · Post by **geriatrix** » Fri Dec 17, 2010 6:10 pm

Manas wrote:Thanks for your reply Sushdmehta.
That means the new rules proposed to be effective from April 2011, for example, scrapping of Tier1(G), does not the Govt seek approval from the Parliament? Or the govt has already taken parliamentary approval? By parliamentary approval is it meant that these changes needs to be ratified by majority of MPs within the Coalition, or Cabinet approval?

The govt. doesn't need an act of parliament to introduce such immigration policy changes. Delegated or secondary legislation allows the Government to make changes to the law using powers confered by an Act of Parliament.

Negative Statutory Instruments (a type of delegated legislation) become law without a debate or vote, but can be annulled by a resolution of either House of Parliament. Such a resolution (to annul) must be passed within 40 days of the instrument being laid.

To introduce the proposed changes in April 2011, if the government has not yet done so it still has ample time to lay such Negative Statutory Instruments in the parliament.

Likewise, you may see the interim limit become lawful before the parliament breaks for Christmas holidays on 20-Dec.

regards

silverline · Post by **silverline** » Sat Dec 18, 2010 12:42 am

Govt. got ample motivation & numbers in parliment to get these changes through. It's indeed a respite as technical error will shortly be removed.

But on the other hand, it's a clear signal to govt. by courts to "get things done in a way they should have done". HO set out many rules in haste. e.g requirement of english test for spouse/dependent is rediculous and at odd with human rights.

sojan · Post by **sojan** » Sat Dec 18, 2010 1:02 am

Though this is good for people applying outside the UK,
Govt will be very careful in future decisions.

What Damian Greedn said is ""I am disappointed with today's verdict," Immigration minister Damian Green said, stressing ministers would launch an appeal if "there were grounds" to do so." We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place,

Not sure what they will do in this dramatic ruling..

mulderpf · Post by **mulderpf** » Sat Dec 18, 2010 4:39 am

The statement on UKBA's site does not sound so positive:

Judicial review on interim limit.

'The court's ruling rests on a technicality. We will set this right in the next few days to ensure we can continue to operate an interim limit.

rohitys · Post by **rohitys** » Sat Dec 18, 2010 5:14 am

simple question

for the seniors/mods

successful applications which are now pending i.e. nov & dec will be issued visas immediately ?? without having to wait till jan 1st ?

mulderpf · Post by **mulderpf** » Sat Dec 18, 2010 5:43 am

visaforv10 wrote:
hydviv wrote:But ministers can introduce a new cap when Parliament returns in January.
Any idea on which date Parliament returns in January?

10 January

geriatrix · Post by **geriatrix** » Sat Dec 18, 2010 6:02 am

rohitys wrote:simple question for the seniors/mods

successful applications which are now pending i.e. nov & dec will be issued visas immediately ?? without having to wait till jan 1st ?

Who knows, except UKBA, how many applications have been decided but pending visa issuance? For the world, UKBA may claim that all applications not yet refused or returned (after approval) are still "under assessment". And until UKBA makes the interim cap lawful, all submitted applications may remain "not yet decided"!

IMHO ...

regards

hydviv · Post by **hydviv** » Sat Dec 18, 2010 7:15 am

Yeah me too got same impression as sushdmehta., unless UKBA is honest and with integrity decides to issue visas for already successfully processed applications <those were waiting for Jan cap to open>, new Tier 1 Visas before Jan 2011 limit opens are doubtful.

Unless some NGO/High court/Human rights team pulls up UKBA on the statistics of the list of Tier1 non EU Visas issued once the cap is made unlawful and till the cap is reinstated etc.

Add to the comment "We remain firmly committed to reducing net migration to the tens of thousands, and will continue to do everything in our power to prevent a rush of applications before our more permanent measures are in place." summarizes the attitude one for all..

I'm now worried for a Worst case scenario., while UKBA is in the process of getting the cap implemented through parliament nod, they might even delay whichever successful applications that would have been issued on Jan4th 2011 to mid of Jan 2011 by when cap will be reinstated?

In Short though the news came with some hope for Tier1 non EU Applicants it still leaves us in dark & elusive.

regards,

new_to_it_all · Post by **new_to_it_all** » Sat Dec 18, 2010 12:31 pm

sushdmehta wrote:
rohitys wrote:simple question for the seniors/mods

successful applications which are now pending i.e. nov & dec will be issued visas immediately ?? without having to wait till jan 1st ?
Who knows, except UKBA, how many applications have been decided but pending visa issuance? For the world, UKBA may claim that all applications not yet refused or returned (after approval) are still "under assessment". And until UKBA makes the interim cap lawful, all submitted applications may remain "not yet decided"!

IMHO ...

regards

This is perfectly true and most likely to happen.

For instance if UKBA gives everyone the visa who succeeded in their application up until January, then it would become apparent how many, if any, visas would have remained in their original cap.

That would then give the extent of the fraud UKBA intended of obtaining more money from applicants who would have applied in the chance that the cap numbers hadnt been achieved with no realistic chance of their applications even been looked at.

In that case I believe, like hydviv suggests. that this should be uncovered by some human rights group and be exposed.

I think it is disgusting that "immigrants" are not welcome in UK because of overcrowding, yet their money is great for filling the UK banks.

Is there any suggestion from others how this should be pursued?

unknownuser · Post by **unknownuser** » Sat Dec 18, 2010 4:00 pm

Is there any chance of getting the Visa for successful application if we apply in March-2011 as the cap has been lifted? or there is no guarantee?

Manas · Post by **Manas** » Sat Dec 18, 2010 4:08 pm

sushdmehta wrote: Negative Statutory Instruments[/url] (a type of delegated legislation) become law without a debate or vote, but can be annulled by a resolution of either House of Parliament. Such a resolution (to annul) must be passed within 40 days of the instrument being laid.

regards

Does this mean, if a section of MPs in the Coalition does not approve of a certain decision taken by the Home Office, then they might object to that, which in turn would not allow the House to pass that resolution?

geriatrix · Post by **geriatrix** » Sat Dec 18, 2010 5:06 pm

Manas, the statement is self-explanatory.

regards

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Introduction of immigration cap deemed unlawful