11.03.09
Smith and Home Office back in dock over HSMP visa
UK Home Secretary, Jacqui Smith challenging High Court HSMP decision
Home Secretary Jacqui Smith will be back in the High Court this Friday following her blatant disregard of the British Justice System in condemning thousands of skilled migrants to discriminate changes in UK immigration policy.
The 2006 changes mean highly skilled migrants working in the UK have to wait five years to become permanent residents and were unfairly applied retrospectively to all visa holders on the Highly Skilled Migrant Programme. It used to be four.
High Court Judge, Sir George Newman, deemed the changes unlawful and order Jacqui Smith and the Home Office to respect the courts decision and the terms of the migrant’s original UK visas, a ruling she has failed to recognise.
“Jacqui Smith obeyed only part of this ruling – she did not reverse the retrospective changes applied for settlement” said Amit Kapadia, executive director of HSMP Forum, a non-profit organization setup to assist and support skilled migrants.
“HSMP Forum does not object to the government applying these rules for new migrants wanting to enter Britain in the future – but existing migrants should get the treatment they were promised when they came here.
Last month Smith announced changes to the Tier 1 General visa, raising minimum qualification from a Bachelor’s degree to a Masters and a minimum salary from 17,000 to 20,000. Critics argue she is out of touch and pandering to a tabloid mentality for the benefit of her party, but not in the best interests of the country.
“Ms Smith deliberately ignored parts of the ruling so she could keep the door open for future discriminatory changes that she intends to impose on law-abiding, taxpaying skilled migrants who have been here for several years already,” added Mr Kapadia.
Have you been affected by the Home Secretary’s unfair UK immigration policy, leave your comments below.
Published by Gareth McConnell Global Visas in UK immigration
March 11th, 2009 at 3:53 pm
The government is trying to be tough with immigrants in line with public expecations, but they have the wrong types of immigrants in their sights.
The UK immigration is already for more time consuming and complex than countries like Belgium, USA, Canada and Dubai. These countries are also ‘competing’ with the UK for skilled migrants.
If the government is really interested in increasing the number of skilled workers in the UK, they would introduce a fair immigration policy and not make large annual changes.
March 11th, 2009 at 10:21 pm
My work contract was made according to visa status, which I should have been changed to permanent position end of 08, if HSMP waiting time were still 4 years. Now 10 months away from this new 5 years requirement, My company is talking about cost cuting because of recession. Permanent staff stays, temp and contractors are going. I feel my life and career are totally screwed by UK Home office – where is fairness?
March 12th, 2009 at 7:58 am
They shouldnt make the qualification to MTECH, bcoz it closes door for all the Bachlors. They cant make both the options mandatory. It should be either 20000 pound or Mtech.
March 12th, 2009 at 9:44 am
I think Jacqui Smith’s utter contempt for the British Court system and the people’s lives affected by her lone decision is a sign of things to come from this government.
How is the UK supposed to remain competitive when Smith and Woolas raise the bar on cash and education.
Do they want us to think it’s only the rich and the holders of a master’s degree that can make a positive contribution to the UK?
March 12th, 2009 at 12:07 pm
Jacqui Smith’s singular action in this regardd is blatant disregard to the rule of law. Me thinks she should be charged for contemp.
March 15th, 2009 at 5:48 pm
It is very unfair for Jacqui put the standards so high how can you expect a student to earn 23000£ while they are doing there bachelors degree. How some one will pay for there masters and show an income of 20,000 this is just not right.
If this keeps happeninh it will stop students from applying to UK and this will affect UK economy inversely.
March 16th, 2009 at 8:05 am
IT IS SAD TO NOTE THAT THE UNITED KINGDOM-A COUNTRY THAT IS SEEN WORLD OVER AS A CENTRE OF EXCELLENCE IN IMPLEMENTATION OF THE RULE OF LAW WITH THE JUDICIARY BEING THAT LAST HOME OF THE COMMON HAS BEEN TURNED TO A COUNTRY WHERE A GOVERNMENT OFFICIAL CAN BLATANTLY REFUSE TO OBEY COURT OTHERS.I WANT TO BELEIVE THAT JACQUI SMITH CANNOT RUBBISH THE BRITISH LEGAL SYSTEM AND CONTINUE TO REMAIN IN OFFICE.SHE SHOULD BE MADE TO RESIGN IMMEDIATELY.
March 26th, 2009 at 1:07 pm
u.k. government keep changing rules , then what is the garantee a person will get permenent residency after 5 years.once they decided somthing they have to stick to it.
April 8th, 2009 at 8:07 am
Smith should go. She has no problems claiming bogus expenses, has no morals in shifting the goalposts, has the gall to suggest that she was targeted because she was not as rich as the Tories and yet has raised the entry standards to Masters and £20000 a year. That would bring more Accountants (as the not many other groups have a way to earn that kind of money in India) and to a country which is already scandaled by the group making most of Bankers.(with all due respect). It also ignores the fact that a four year bachelors in engineering is much more coveted, and possibly much more uselful for UK, in India than a Masters (which again takes between 4-6 years) in many other areas.
I think Labour thinks and acts like labourers. Sorry I dont want to sound deragoratory, but can you allow policies to be framed by such pea sized brains?
April 8th, 2009 at 9:02 am
Hi,
Does this ruling means, who have already paid for the HSMP extension and subsequently got PR/Citizenship might get their money refunded for extension – As that fall 4+ time frame. If thats the case I can hope to get some thing back from the HO
BR,
Andy
April 8th, 2009 at 10:04 am
This judicial case highlights the fact that Jacqui Smith needs to URGENTLY review her immigration policies as well as her advisers.
April 13th, 2009 at 10:52 pm
I agree Andy, I just paid 590 gbp to get the one year extension! That is plain robbery. Now that the High Court has ruled the changing of the goal posts unjust that in effect means the UK government has stolen from me. I would like to have that taken off my ILR application.
JMC
May 19th, 2009 at 12:35 pm
Now I repent why I have spent £30,000 for my Bachelor in the UK.I should have gone to a cheap college for my Bachelor,got a certificate and do my masters with a 1/3 I spent.
I am now on my IGS and when I started with my company I told them I would transfer my IGS into HSMP at the end of this year.Now my company replied they will terminate my contract if I can’t provide them with a valid work permit.Totally shocked with Masters requirements!!!
May 27th, 2009 at 9:57 pm
I came to UK for higher studies, main education is always 3 years (honours) bachelors where you actually learn. Masters is just a LABEL.
With a UK bachelors one get a UK EDUCATED ATTITUTE. i wanted to get polished in Britain, otherwise i could get a private BA from my country and come up for MASTERS! where i learn nothing its just 1 year and hunderd options for Visa status. But i chose a way of 3 years bachelors 2 years PSW 5 years HSMP. makes 10 years. one should rather stay student for 12 years and get PR. less expense, less strugle, less skill and permanant residency. In short UK is infact forcing the skilled people to go back, and dodge people to stay.
As i just finished my bachelors now! I got good grades i got good job i proved myself and my knowledge under this recession period. But the amazing thing is i dont knw why im given PSW? it was suppose to be a Bridge to Highly skilled ????….its a bridge to nothing infact a broken bridge to river to ruin careers. I was better off on student visa! Now what am i suppose to do in 24 months? pack my bags to go back, cuz my crime was to work hard study and be more skilled? If im given time and not a blind ending i can do more and would do masters aswell offcourse!
But the genuine students shouldnt be treated like this!
June 17th, 2009 at 3:19 pm
I wanted to change to an HSMP from Work permit because of the shaky job market but becuase of this unfair rule applied without warning I can’t..it seems to me the home office is set to make things difficult for the genuine immigrants who pay taxes, NI contributions and everything yet do not get any benefits..If im laid off I dont have a hope of getting the Job seekers allowance or being able to apply for another job because of the Work permit binding nature. Also the rules are really silly..no consideration given that you might have a Bachelors from the UK coupled with a few professional examinations etc.
Im glad she has stepped down as home secretary..ever since her reign everything has been more of a shambles than ever
June 20th, 2009 at 6:24 am
Just received refusal letter for Tier 1 (General) as extension for my HSMP visa.
Not earning enough money for my age, plus don’t have Masters degree (already have two full 5 years degrees in my country but here they recognized like bachelors degree.
I’m currently working for one of the biggest, well-known British company, as much as they like to help me to stay in UK, they can’t sort a work permit for me, as my job is not on shortage list.
I’ve been in this country for the last 4.5 years, worked my a… off, paid all taxes, fees etc
What shall I do now?
It’s absolutely unfair to treat people that way.
Maybe they should review benefits system first (sorry if I offended anyone) before start punishing people who is keeping economy of this country alive.
Maybe all emigrants have to go on strike (this seems to be the only way to deal with issues in this country), but shall we do a proper one?
I guaranty if it’s happened this country will collapse in a day (that’s me being optimistic), shall we do this?
Join me
June 22nd, 2009 at 2:35 pm
YOU GUYS HERE DONT BLAME JACQUI SMITH, IT PHIL WOOLAS WE HAVE TO BLAME, ANY MINISTER WHO GETS TOUGH ON IMMIGRANTS WILL GO DOWN, MARK IT ON THE WALL
September 8th, 2009 at 12:57 am
I work as a surgeon in an NHS hospital and despite of the fact that I had earned a gross of over £65K in the 12 months preceding my application, saved up enough money to put a 25% deposit for a 5 bedroom house I’m in process of buying, have a permanent job contract, my application for transfer of HSMP to Tier 1 was refused because the UKBA insisted I had not supplied enough evidence that I am able to sustain without relying on state benefits!!!
Also, because I had been saving in NS & I’s premium bonds, my bank balance dipped below the arbitrary £800 limit for a few days, which should not have mattered as the £31,000 bonds I was in possession of were virtually encashed on next day basis!
My life has been thrown in turmoil and I have now spent the last 6 months chasing appeals and tribunals, and although I had won my appeal against the refusal, the UKBA has challenged the tribunal’s decision. I’ve been made to pay three times the illogical £800 their argument revolves around, in legal fees.
And what I find really frustrating is this. The UKBA argues that Tier 1 “guidelines” do not allow use of bonds and other financial instruments as cash investments.
When it takes someone like me, who’s first language is not english, to point out the fundamental difference between “guidelines” and “protocols”, in that in stark contrast to the later, guidelines are NOT legally binding, NOR legislative, that adhering to them is NOT mandatory and they DO allow for discretion by a civil servant in interpretation. This is something the UKBA officials have failed to practice, essentially failing their duties, making this a perfect example of “computer says no”
September 8th, 2009 at 11:41 pm
I went to a Doctor with a broken jaw in four places once and I was sent home as the Doctor said I had a loose tooth. I guess all professions make mistakes. It is no reason to judge everyone the same. That said your email seems a little hostile so I am going to ask you to brush up on your bedside manner.
Resubmit but get some decent help. I would not take my own blood if you get my drift.
Other than that – “Do I look bovvad!”
September 10th, 2009 at 9:23 pm
Gareth, I’m not sure how you mean by my email being hostile! I’m not showing hostility towards anyone. I am naturally frustrated. And I am not blaming an individual, I’m merely pointing at the fact that the points based system, aimed at promoting highly skilled immigrants, is not fit for purpose, as the people it is built to promote are the same people it seems to be victimising.
That said, you have your life screwed about like that and you “will be bowad!”
September 13th, 2009 at 1:09 pm
Are you one of the thousands of people like me, who have had their Tier 1 visa application refused on unfair grounds, the maintenance funds rule, or similar? If so, are you willing to be part of a media campaign to raise awareness of unfair and apartaate guidelines and regulations for the points based system enforced by UKBA.
I am an overseas qualified dentist, currently working in the NHS, and continue to fight a legal battle with the UKBA against my Tier 1 refusal. With channel 4, we are looking for people in similar situation to tell their story and campaign against these BNP style regulations.
Interested, please get in touch. Confidentiality can be maintained by concealing identity on request.
Please email me at docright@gmail.com
November 28th, 2009 at 11:00 am
I have recently found out my tier 1 visa has been refused on grounds that my course (LPC) is no longer recognised!
This seems greatly unfair to me as I started the course before this ruling came into action.
Has this happened to anyone else and what has your outcome been?
November 28th, 2009 at 11:05 am
It does seem unfair. Did you have a right of appeal on this one?
December 19th, 2009 at 9:31 pm
I dont understand the rules of UKBA, as they are doing descrimination. The mainatance fund attribute was not in the rules for those who got HSMP before Tier 1 implementation. And I think that for all the HSMP holders who got HSMP for 2 years before the new rules must fall and should have to be allow to apply for HSMP extension under the old HSMP rules.
Also the UKBA has authority to check the person NI contrubution and the TAX paying by that person, UKBA must confirm the salary from the employer and dont relay on the documantion. As it is clearly mentioned in the HSMP rules that HSMP holder have to be active in the UK economy.
Also the case worker are not properly trained and they just simply decide in an hour without thinking about the futur and career of HSMP holders
You all must go for the media campaign.
Thanks
Zainab.