----- Forwarded Message ----
From: Amit Kapadia
To: Kate Carr, UKBA
Sent: Fri, March 18, 2011

Subject: Clarification on the recent “Statement of Changes in Immigration Rules as laid before Parliament on 16th March 2011”.

I am writing to you regarding the recent “Statement of Changes in Immigration Rules as laid before Parliament on 16th March 2011”. http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

I request if your policy department can confirm that all the categories falling under the HSMP Forum ILR Judicial Review Policy document are not affected by these new ILR rules? There is some confusion surrounding the new rules since at page 11 of the document - 245CD. requirements for indefinite leave to remain, paragraph (e) says as follows “(e) Where the application is being made under the terms of the HSMP ILR Judicial review Policy document, the applicant must have a continuous period of 4 years lawful leave in the UK , of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:..”. This paragraph does not refer to migrants who are to apply for ILR after 5 years, in reference to those who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006 and are covered under the Judicial Review Policy.

Although, the following sections seems to convey (but not certain) that all those who benefit under the Judicial Review policy document i.e. all those who entered under the HSMP scheme as on 7th November 2006 are not affected by these new changes.

Page 11; (f) Where the application is being made under the terms of the HsMP ilr Judicial review Policy document, the applicant must be economically active in the UK, in employment or self-employment or both.

Also page 29 under attributes for tier 1 (general) migrants;

9. an applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant whose application is being made under terms of the HsMP ilr Judicial review Policy document is not required to score points for attributes.

and page 60; under Amendments to applications for indefinite leave to remain 7.13;

Highly Skilled Migrant Programme (other than those covered by the HSMP ILR Judicial Review Policy Document)

This seems to be causing confusion and worry among migrants who entered the HSMP scheme after 3 April 2006 but before the scheme was suspended on 7 November 2006 on whether they are or are not affected by these new ILR changes?

I would like to remind some of the contents of the HSMP Forum ILR Judicial Review court order which is as follows;

(1) In respect of all persons admitted to the Highly Skilled Migrant Programme as at 7 November 2006, those individuals are entitled to the benefits of the scheme (including settlement) according to the terms (including as to qualifying period) which applied on the date when they joined.

(2) Without prejudice to the generality of (1), it is accordingly unlawful in the case of those individuals admitted to the Highly Skilled Migrant Programme prior to 3 April 2006, to withhold indefinite leave to remain from them by reference to a qualifying period of five (as opposed to four) years continuous residence.

(3) The Secretary of State’s policy of 9 July 2008 is accordingly unlawful in failing to so provide.

http://www.hsmpforumltd.com/hsmpilrjr2courtorder.html

I would appreciate a clarification on this matter at the earliest.

Yours Sincerely,

Amit Kapadia
Executive Director (Chairman)
HSMP Forum
www.hsmpforum.org