Apply original conditions for Indefinite Leave to Remain

PETITION TO THE IMMIGRATION MINISTER

We the undersigned petition the Immigration Minister to ask the Home Offices’ Border Agency to apply the original conditions for Indefinite Leave to Remain for all those who were work permit holders before the policy change in April 2006.

Prior to 3 April 2006 the continuous leave requirement for indefinite leave to remain (ILR) for Work Permit holders was that the work permit holder should show that they had spent four years' continuous residence in the United Kingdom as a work permit holder. The four year qualifying period was increased to five years' qualifying residence on 3 April 2006.

The HSMP Forum Ltd brought a Judicial Review against the Home Secretary on the basis that those who entered onto the HSMP before the qualifying period for ILR was increased from four to five years, should be eligible for ILR after four years on the scheme. The judge found in favour of the HSMP Forum on this point. The Home Office is currently looking into implementing the court's decision. They will publish their recommendations as soon as they are finalised.

We kindly request you to include migrants who were holding valid work permits on or before 3rd April 2006 and had complied with all the relevant immigration rules.

It would be highly unjust and unfair if the Home Office formulate the Policy only including HSMP holders on the basis of the Judicial Review brought by the HSMP Forum. However, the Work Permit holders who had a valid work permit before 3rd April 2006 are also in a similar position to that of the HSMP holders affected by the recent Judicial Review decision.

It would be pertinent to note that the work permit holders had relocated to the UK based on the information and guidance published by the Home Office which clearly mentioned that any work permit holder who completed 4 years in the UK would be eligible for Indefinite Leave to Remain. These migrants have very good education and are highly skilled. They have contributed towards the economy of the UK by paying taxes etc.

This representation is from migrants who mainly originate from Kerala, a small State in South India, and are mainly Nurses who are working in various private Nursing Homes and in the NHS. They came to the UK leaving their jobs in India and the Gulf States. It is to be noted that the Nurses who came from the Gulf States had a very good salary there and there was no need to pay any tax there. However, they relied on the guidance published by the Home Office prior to 3rd April 2006 and migrated to the UK with their families to settle here. Their dreams were shattered when the Home Office unanimously altered their policy regarding grant of ILR. It would be unfair to ask them to wait 5 years to apply for ILR.

It should be noted that these migrants had toiled for some time in various public sector jobs and in the health industry generally. It would be unjust and unfair not to grant ILR to these work permit holders given that ILR will be granted to HSMP holders who qualified prior to 3rd April 2006.
If the eligible work permit holders are not included in the new policy to be formulated by the Home Office, then they will have no other option than to seek a Judicial remedy as sought by the HSMP Forum. This will result in unnecessary trouble and expense for the work permit holders and will be an unnecessary workload for the Judicial system.

These hassles could be easily avoided by your prompt intervention and issuing a direction or recommendation to the Home Office to include the work permit holders when they formulate the new policy and to grant ILR for work permit holders who came to the UK prior to 3rd April 2006.

We the undersigned humbly request that you intervene in this matter and recommend the Home Office to grant ILR for migrants who received Work Permits prior to 3rd April 2006.