Legal Complication?

aj77 · Post by **aj77** » Sat Apr 15, 2006 2:33 pm

i) Now HSMP applicants are getting 4 years Extention after 1 year Entery Clearance.link is:

http://www.immigrationboards.com/viewtopic.php?t=7706

But according to law HSMP applicant should not be granted Leave exceeding 3 years.Link is:

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

Extension of stay as a highly skilled migrant

135E. An extension of stay as a highly skilled migrant may be granted for a period not exceeding 3 years, provided that the Secretary of State is satisfied that each of the requirements of paragraph 135D,135DA, 135DB, 135DC, 135DD, 135DE, 135DF, 135DG or 135DH is met

ii)For citizenship of UK requirement is to stay here for 5 years and atleast 12 months after ILR.

Now for all work related catagories citizenship of UK is possible only after completing 6 years as they will get ILR after 5 years and then they need to stay for another 12 months to apply for Citizenship.

Necessary adjustments in the law required?

Post by **John** » Sat Apr 15, 2006 4:37 pm

If this really a problem? Or in fact is it actually to the advantage of the applicant?

What I mean is .... given that ILR can only be applied for by HSMP and WP people after 5 years rather than 4 years, if previously they have had just one year, if they are given 4 more years, that is surely better ... rather than just 3 years, with the need to apply for a further one year later.

Am I missing something? Why would anyone actually want to complain about this?

aj77 · Post by **aj77** » Sat Apr 15, 2006 5:53 pm

I am not saying it is good or bad for the applicant.Surely it 's better for applicant ,atleast he would save some money.
I was saying whether it is according to law or not?

olisun · Post by **olisun** » Sat Apr 15, 2006 6:47 pm

aj77 wrote:ii)For citizenship of UK requirement is to stay here for 5 years and atleast 12 months after ILR.

I guess the citizenship requirements will be adjusted accordingly in due course of time

Post by **John** » Sat Apr 15, 2006 7:05 pm

I guess the citizenship requirements will be adjusted accordingly in due course of time

Sorry? What is there to adjust? The requirement is unchanged .... to have ILR for at least 12 months ... unless one is the spouse (or Civil Partner) of a British Citizen, in which case having ILR is OK but with no minimum time held.

ppron747 · Post by **ppron747** » Sat Apr 15, 2006 8:06 pm

John wrote:
I guess the citizenship requirements will be adjusted accordingly in due course of time
Sorry? What is there to adjust? The requirement is unchanged .... to have ILR for at least 12 months ... unless one is the spouse (or Civil Partner) of a British Citizen, in which case having ILR is OK but with no minimum time held.

Exactly - as I've said in another post, it would take primary legislation to change the citizenship requirements, and I cannot see why IND would want to adjust the residence period up or down.

Under the new immigration system, if I've understood it correctly, there will be a wider range of times for qualification for ILR, and I doubt that IND would want to complicate the Act so that people who qualified for ILR under X have a different naturalisation residence requirement from people who qualified under Y or Z. It would complicate things unnecessarily from their point of view, without achieving much, if anything...

aj77 · Post by **aj77** » Sat Apr 15, 2006 8:55 pm

Giving Extention of 4 years is the violation of 135E which could result in refusal for Indefinite Leave as all the conditions from 135A to 135F need to be fulfilled by HSMP applicant to qualify for ILR.Link is:

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

Similarly necessary amendments also require in British Nationality Act 1981 keeping in view the current changes in immigration rules.

ppron747 · Post by **ppron747** » Sat Apr 15, 2006 9:18 pm

aj77 wrote:....Similarly necessary amendments also require in Citizenship Act keeping in view the current changes in immigration rules.

Is this a telegram? What changes do you believe to be necessary in the non-existant Citizenship Act? (AKA The British Nationality Act 1981...)

Post by **John** » Sat Apr 15, 2006 10:04 pm

AJ77, I just think you are looking for problems that don't exist! I cannot understand why

aj77 · Post by **aj77** » Sat Apr 15, 2006 10:41 pm

giving extention for 4 years to HSMP applicant is within the law?

yes or No?

Post by **John** » Sat Apr 15, 2006 10:46 pm

Even if no is technically the right answer, who is going the Court to complain about that?

What exactly is the problem?

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