- Target:
- HomeOffice
- Region:
- United Kingdom
HSMP forum won the Judicial Review on 8th April 2009 challenging the April 2006 4 to 5 years Indefinite Leave to Remain Changes. The Home Office has decided not to appeal against the HSMP forum's Judgment.
Justice Sir George Newman, in our 8th April 2008 Judicial Review judgement observed “I find that the terms of the scheme, properly interpreted in context and read with the guidance and the rules, contain a clear representation, made by the defendant, that once a migrant had embarked on the scheme he would enjoy the benefits of the scheme according to the terms prevailing at the date he joined.” The Judgment concluded “In the circumstances, I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them.
The indefinite leave to remain after 4 years qualifying residence is a benefit which was originally promised to migrants who were Work permits,WP-HSMP-Tier1 OR WP-Tier1,QTS permit holders admitted to UK before the April 2006 ILR changes.
Many Permit holders are also in a similar route to ILR, we can request the Home Office to to apply the same conditions to those permit holders who were originally eligible for ILR in four years. HO is wasting public money and poor management, if they still go ahead to release the April 6 judgement remedies without positively considering the WPians and similar categories by the time it is released by May 20, 2009.
So if you are one of those affected immigrant please sign this petition.
Please don't sign this petition if you are not affected with ILR changes or if you are a supporter or dependent visa of job permit holder but you can pass this petition to your friend who affected by this changes.
This petition will be submitted on 5th May to Home Secretary and Prime Minister.
If you required a copy of UKBA's reply on this petition pls let me know. pls look into www.immigrantwelfare.co.uk for further updates of the same subject.
Dear Sir
We write to request your consideration of this matter. We all signers in this petition came to UK before April 06. When we applied for workpermit pre April 06 it has clearly given a legitimate expectation to any person that you will get ILR in 4 years time.
Before making an application, as any person would do, we checked the Forms and Guidance section of the work Permit section of the website which gave me guidance that, after completing 4 years we will be to apply for ILR.
With lots of expectations and making several compromises to my life we made a decision to take up the employment in U.K and applied for a work permit,
thinking that this will be my home in 4 years.
If the guidance would have told something such as ‘qualifying period’ or ‘certain period of time’ as mentioned in the settlement section of the current website rather than in the work permit section then it would have indicated me that the 4 years period is subject to change or would have not even given me an expectation that ILR will be given after 4 years.
During that time it was mentioned in the guidance section of the Work permit section itself tells us to use the following SET(O) Form to apply for indefinite leave to remain in the United Kingdom if you have completed, or are nearing completion, four years.
Our view is that, it has clearly given a legitimate expectation to any person, even for those, who is going to apply for a work permit that they will get ILR in 4 years time.
Moreover, confirming everything, many of us having got the work permit and in that Condition 16 states that:
A work permit holder who has spent a continuous period of 4 years in approved employment and is still required for the employment in question may apply for the removal of the conditions attached to their stay.
Nowhere in our permit says 'rules and regulations governing leave applications may change in the future' when we applied, but the recent forms having this clause.
In April 2006 the Home Office increased the time limit referred to in this condition from 4 years to 5 years for both work permit holders and highly skilled migrant programme (HSMP) visa holders. This rule change applied retrospectively.
On 6 April 2009, the High Court overturned this Home Office decision for HSMP visa holders who were granted their visas before the rule change. So HSMP visa holders with visas from before 3 April 2006 need only wait 4 years before having the removal of conditions removed from their stay. This issue is discussed on the Home office's website at
http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/indefiniteleavetoremainforhsmp.
According to the website, the Home Office was looking into implementing the Court’s decision.
Prior to the court case, the Home Office agreed that HSMP and WP holders would be equally affected by the extension of time. For this reason, I believe it is only fair and just that work permit holders be considered when implementing the Court’s decision.
We would greatly appreciate your reflection on this matter, and request that you look into ensuring that holders of work permits issued before April 2006 will be considered when implementing the Court’s decision to overturn the extension of time.
If you would like any further information please contact me at any time.
We look forward to hearing from you.
Yours sincerely,
Anish Mani
Hull
You can further help this campaign by sponsoring it
The To all visa holders affected with April 06 ILR rule changes petition to HomeOffice was written by Anish Mani and is in the category Law Reform at GoPetition.