Date – 18^th May 2009

To:

Jonathan Sedgwick                                                                           

Deputy Chief Executive, UKBA

From:

Amit Kapadia

Executive Director (Chairman)

HSMP Forum

Dear Mr Sedgwick,

Sub - Response to the Policy Document

Thank you for agreeing to my request and sharing the policy document beforehand. It has been very helpful. I appreciate your effort in acknowledging most of the categories and issues which I highlighted in the letter dated 15^th April 2009.

In the short span of time since receiving the policy document, I have been able to come up with the following (see below). We reserve the right to raise at a later date any aspects of the old rules (terms and benefits) that may have been omitted in the policy document. I will also be in touch with your office if there are any subsequent issues or scenarios we may identify after the implementation of the policy.

I have identified the following issues at present, further to my letter dated 15^th April 09;

1.      The policy does not say whether applications can be made at Public Enquiry Offices (PEO) without migrants having to incur an extra premium service charge. The PEO facility should be provided and it will be very important for those affected.

2.      There should not be any requirement for Life in the UK / English language during ILR application as it won’t be in accordance with the judgment / court order (1).

3.      Postal applications for ILR made by those affected should be expedited automatically. 

4.      Any refunds such as the second extension application fee refund should be done automatically and in easiest manner possible rather than expecting individuals to make separate applications for such refunds. The excess fee charged earlier can be offered to be deducted from the applicant’s ILR application where applicable. Principal applicants or their dependants as applicable should be offered a choice for obtaining their refund i.e. deduction of the excess fee from their ILR application fees or repayment of the excess fee. It will be even in line with your submissions during the Judicial Review. The approach in this matter should be pro-active. 

5.     The number of days migrants can be absent during the 4 years stay was 180 days according to the rules prior to 3^rd April 2006. However, to acknowledge the confusion that the ILR changes may have caused to migrants, there should be a relaxation of this rule.

6. In reference to Paragraph 5 (d). Those affected should not be subjugated to further evidence requirement of proving economic activity again for the past 4 years and should rather be issued ILR automatically on the basis of their previous extensions.

7.      The heading before paragraph 18 should read as follows; 

         Those who applied for ILR after four years, were refused, and either:

·         won an appeal against the decision and were subsequently granted FLR

·         did not appeal or their appeal was dismissed or were granted discretionary leave or became overstayers

·         Also those migrants and their dependants who left the UK due to the April 2006 ILR changes should be allowed to file for settlement from abroad. The time spent abroad by the migrants should also be acknowledged in these issues.

8.      The following needs to be included in all the applicable categories - Refund of separate visa fees paid by migrants where children crossed 18 years of age due to the extension from 4 to 5 years.

9.      A confirmation is required from UKBA that ILR for those who benefit from this judgment will not be interchanged with Probationary Citizenship or any other immigration changes in the future in accordance with the court order (1).

10.  The UKBA should issue a backdated ILR or letter acknowledging time spent beyond 4 years to all those affected.

11.  Whilst UKBA is not obliged to make any changes for other categories, I would again urge to consider applying the new policy benefits to other skilled immigration categories as well namely work permit and Ancestral Visa.

I will be happy to provide any clarification or further information. 

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