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We are happy to inform you that HSMP Forum has
promoted a new
organisation to support and assist immigrants in Britain and to
bring them all under one platform -
Join
now - "Association of Immigrants",
http://www.aimms.org
HSMP Forum has been partially successful in its lobbying
efforts to protect skilled migrants from the issues concerned with the
Borders Citizenship and Immigration Act
2009 !! .
There are still many issues concerned with this legislation and we would
continue to take necessary steps to deal with it.
HSMP Forum's submission on the charging consultation >>
The
HSMP ILR Judicial Review has been won on 6th April 2009. This is HSMP
Forum's second consecutive victory against the Secretary of State for
the Home Department. The Home Office decided
not to appeal against the
Judgment>> . We also obtained a court order against the Home
Office
click here>> ,
HSMP ILR JR Implementation - Communication between HSMP
Forum and UKBA>>
UK Border Agency Implemented our Judicial Review Judgment on 19th May
2009. Please check the
HSMP Forum's ILR Judicial Review Implementation Documents>>
. The implementation provides various forms of benefits as per the old
scheme for all those who applied for HSMP as at 7th November 2006 and
got admitted under the HSMP scheme.
HSMP Forum
filed the Judicial Review Application on 8th
October 2008 challenging the April 2006 4 to 5 years Indefinite Leave to
Remain Changes
Press Release
and we have got the
permission for the Judicial Review on 27th November 2008
Press Release.
The challenge has been raised on the basis of our
8th April 2008 Judicial Review Judgment and the subsequent policy
document implemented by Home Office on the 9th July 2008 which did not
consider the ILR issue
More>>
. Our Barristers are Michael Fordham, QC and Rick Scannell.
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. Good administration and
straightforward dealing with the public require it. Not to
restrain the impact of the changes would, in my judgment, give rise to
conspicuous unfairness and an abuse of power.”
There were two main
benefits which were promised to the Highly Skilled Migrants those were -
extensions based on economic activity and settlement after 4 years.
The indefinite leave to remain
after 4 years qualifying residence is a benefit which was originally
promised to migrants who were admitted under the HSMP scheme before the
April 2006 ILR changes.
Some
hardship statements of those affected by the ILR changes>>
The Parliamentary Joint Committee on Human Rights in its recent
report stated as follows in reference to our April
2008 Judicial Review Judgment;
"The High Court held that the terms of the original scheme should be
honoured and that there was no good reason why those already on the
scheme should not enjoy the benefits of it as originally offered to
them.
The generality of this reasoning seems to be as applicable to the April
2006 changes as to those made in November 2006.(pg
50)" Additionally,
the AIT Judges and Home Office presenting officers interpreted that the
Home Office's decision to refuse ILR after 4 years has been unlawful in
reference to our April 2008 Judicial Review Judgment.
More>>
The Secretary of State for Home Department
spent approx., £ 85,000 of tax
payers money by contesting our previous Judicial Review application.
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HSMP Forum won the HSMP Judicial Review
in
April 2008. The
landmark Judgment was announced on 8th April 2008. The High
Court ruled that
the Home Office acted unlawfully in applying the
retrospective HSMP extension criteria (PBS) changes to persons
already admitted to the Highly Skilled Migrants Scheme as at the 7th
day of November 2006.
The Judgment emphasised that the benefits promised to
migrants 'according to the terms prevailing at the date they joined'
should be honored. As per
the figures submitted by the Home Office to the court and Hansard (link)
there have been approx., 50,000 principal HSMP applicants who were
admitted between 2002 and as at 7th day of November 2006. Home
Office was refused permission to appeal and they have decided to
accept and implement the High Court Judgment. Our Barrister Michael Fordham, QC
did an excellent job.
Other Barristers who were involved during the legal challenge were
Margaret Phelan, James Gillespie and Rick Scannell. Judgment is available here.
More>>
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HSMP Forum is currently lobbying against the retrospective application
of the Citizenship and Immigration Bill. Also, we are raising issues
concerned with tier 1 migrants and their visa extensions during this
economic downturn.
HSMP Forum made submission to the
Joint Committee on Human Rights for
scrutiny of draft Immigration and Citizenship Bill>>
The government intends to introduce further harsh rules in the
upcoming Immigration and Citizenship Bill. There are indications that
this new bill will be applied retrospectively to migrants
who are in the UK already while the government has the mandate to change
the law as required to changing times and apply such laws to new
immigrants, changes in law cannot and should not be applied
retrospectively. The Home Office has already wasted tax payers money by
fighting and losing
legal
challenges filed by the HSMP Forum in the High Court pertaining to
previous attempts to implement retrospective immigration legislations.
The
new bill seeks to penalize migrants by forcing them to spend additional
time to obtain their indefinite leave to remain (ILR) and citizenship,
by introducing a new “Probationary Citizenship” programme. Economic
migrants from outside the EU are not allowed to claim public money or
benefit as part of their visa condition on entering the UK.
Notwithstanding this, the intention is to force migrants to pay extra
“local impact” taxes and to do community service in addition to their
already extant contribution to PAYE tax, national insurance and council
tax.
HSMP Forum opposes application of the Immigration and
Citizenship bill to
migrants who are already residing in Britain.
In the present economic downturn migrants in the UK are
subjected to further victimization by the UK government. Hardworking
skilled migrants who have left their careers, uprooted their
families and come to the UK to contribute to the economy are now
left in the lurch. The economic downturn and recession have caused
major turmoil for businesses and consequently unemployment has
affected one and all. This has led to skilled migrants finding
themselves in unforeseen difficult circumstances due to surprise
redundancies and bankruptcies in business sectors across the board.
A number of well-known companies have gone into liquidation in the last
few months and every economic indication is that many other reputable
companies are headed for similar dire straits as reports of major job
cuts are now an almost daily occurrence.
Reports from various professional bodies forecast more difficulty
ahead with clear indications of frozen remuneration packages, wage cuts
and further job losses. Under these circumstances, particularly migrants
from outside the European Union are the first to face such salary cuts,
redundancies
and lack of opportunities.
In order to obtain extensions to their visas, those on Home Office's
new Tier 1 immigration category must demonstrate a high level of
income during their stay in the UK. The government unfortunately
does not take into account the current credit crunch and the effect
it has had on migrants. Some migrants are falling foul of the visa
extension criteria due to economic factors entirely outside of their
control.
The
government should offer some concession to skilled migrants in the UK
from the unrealistically stringent extension criteria which does not
take into consideration the present economic crisis.
Skilled Migrants on Tier 1 visas and particularly those who need to
obtain a points-based extension, are finding it extremely difficult to
obtain their further extensions due to the present stringent rules which
does not take into consideration the current economic downturn and the
resulting difficulties faced by hardworking migrants. To avoid further penalising
the migrants it will be only fair if those immigration rules are
somewhat relaxed by acknowledging the difficulties that migrants are
undergoing in the present economic climate. The credit crunch affects
everyone from natural born citizen to immigrant.
The UK Home office has been controversially changing the immigration
policies very often since 2006. HSMP Forum is not against general
immigration changes but we object to changes which are retrospectively
applied to migrants already residing in Britain. We believe such
constant stringent immigration changes when applied to migrants coming
from non European union countries in particular creates inequalities and
discrimination based on nationality.

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