ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

IRL- New rules -plese help

Only for UK Tier 1 (General) points system

Tier 1 (General) points calculator | more about Tier 1 (General)

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

Locked
markotsg
Member
Posts: 110
Joined: Mon Oct 09, 2006 10:17 am

IRL- New rules -plese help

Post by markotsg » Sat Jan 09, 2010 7:30 pm

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

vks
Senior Member
Posts: 766
Joined: Mon Feb 23, 2009 6:56 am

Re: IRL- New rules -plese help

Post by vks » Sat Jan 09, 2010 8:43 pm

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
Things are not clear yet.. We have to wait until the implementation!
Regards,
vks

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 12:32 am
Location: London

Re: IRL- New rules -plese help

Post by push » Sat Jan 09, 2010 10:18 pm

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.
Last edited by push on Sun Jan 10, 2010 5:29 pm, edited 1 time in total.
regards,
push
Important: Please read this Disclaimer

SKUK
Member of Standing
Posts: 252
Joined: Sun Dec 16, 2007 3:59 pm

Post by SKUK » Sun Jan 10, 2010 12:12 am

I think you meant "post Dec 2006" ?

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 12:32 am
Location: London

Post by push » Sun Jan 10, 2010 5:29 pm

SKUK wrote:I think you meant "post Dec 2006" ?
Apologies - Yes, I meant post Dec 2006. I have edited my comment above to reflect the same now. Thanks for pointing out.
regards,
push
Important: Please read this Disclaimer

disdil4u
Member
Posts: 105
Joined: Sun Oct 22, 2006 5:01 pm
Location: U.K.
Contact:

Post by disdil4u » Mon Jan 11, 2010 9:32 am

Hi Push

Does it mean that new laws won't cover new HSMP people who got approval after december 2006 and they have to go through with new process?

Thank You
Regards
push wrote:
SKUK wrote:I think you meant "post Dec 2006" ?
Apologies - Yes, I meant post Dec 2006. I have edited my comment above to reflect the same now. Thanks for pointing out.

disdil4u
Member
Posts: 105
Joined: Sun Oct 22, 2006 5:01 pm
Location: U.K.
Contact:

Post by disdil4u » Mon Jan 11, 2010 9:33 am

Hi Push

Does it mean that it will not cover HSMP people after decemeber 2006 and anyone got HSMP approval after December 2006 will have to go through new laws?

Thank You
Regards
push wrote:
SKUK wrote:I think you meant "post Dec 2006" ?
Apologies - Yes, I meant post Dec 2006. I have edited my comment above to reflect the same now. Thanks for pointing out.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 12:32 am
Location: London

Post by push » Mon Jan 11, 2010 9:05 pm

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.
regards,
push
Important: Please read this Disclaimer

disdil4u
Member
Posts: 105
Joined: Sun Oct 22, 2006 5:01 pm
Location: U.K.
Contact:

Post by disdil4u » Tue Jan 12, 2010 11:52 am

Thanks Push. I hope it will cover all HSMP people.
Let' see and wait for further information. Do you know when we will get update for this matter? means approx timescale when home office will publishing further information/guidance about this?
Regards
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.

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 1:47 pm
Location: Wembley Park

Re: IRL- New rules -plese help

Post by Sushil-ACCA » Tue Jan 12, 2010 8:56 pm

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
No govt will try to again interpret court decision , so all those meeting condition of april 2006 , should be tested under those conditions.

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 12:32 am
Location: London

Re: IRL- New rules -plese help

Post by push » Tue Jan 12, 2010 9:01 pm

Sushil-ACCA wrote:
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
No govt will try to again interpret court decision , so all those meeting condition of april 2006 , should be tested under those conditions.
OP is asking about post Dec06 applicants. In any case Courts are not above legislature.
regards,
push
Important: Please read this Disclaimer

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 1:47 pm
Location: Wembley Park

Re: IRL- New rules -plese help

Post by Sushil-ACCA » Tue Jan 12, 2010 11:21 pm

push wrote:
Sushil-ACCA wrote:
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
No govt will try to again interpret court decision , so all those meeting condition of april 2006 , should be tested under those conditions.
OP is asking about post Dec06 applicants. In any case Courts are not above legislature.
yes, court is not above law

court need to implement laws passed by assembly or minisrty -but it should meet law of natural justice , IN HISTORY i dont find any law retrospective impliemnt -which afected negatively to subject matter , if it affect positively may be implemented.

Locked
cron