fr.will@zen.co.uk.1330535427
17 years ago

presumably, by this you mean the old requirement of 4 years' limited leave to remain for ILR and the new requirement that you must have 5 years of limited leave to remain?

The answer, unfortunately, is yes, they *can* move the goal-posts: Parliament is sovereign. Labour wanted to look tough on immigrants near a general election, and so they tacked on an extra year. As best I can tell, it serves no actual purpose, except to make Labour look tough and cool (or like Tories, more to the point). But it's perfectly permissible for the party in power to change immigration law to whatever they see fit.

If you're one of the poor b*ggers who got caught in the middle, the IND homepage specifically instructs you to apply for the extra year's worth of limited leave to remain before you can qualify for ILR. Shame; but that's how it is. :(



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paulat.pron@tiscali.co.uk.1330535426
17 years ago
There are actually legal proceedings taking place about this issue - there's even a rally tomorrow in Parliament Square.
More information about what is going on can be seen on www.vbsi.org.uk  ("the Voice of Britain's Skilled Immigrants")

paul



fr.will@zen.co.uk.1330535427
17 years ago

Is there any sign of any major changes in the pipes for the naturalisation rules before next year? (In my case, I'm specifically wondering about August 2007.) After 10 years waiting for ILR on the long-residence category, I'd be pretty grumpy if they should shift the goal-posts in my last year.

(Incidentally, as a side note, I passed my Life in the UK with, I think, 100%. Thanks so much for providing such a fantastic prep site for free. You're doing a good thing here!) :)

paulat.pron@tiscali.co.uk.1330535426
17 years ago

They can change the Immigration Rules more or less at the stroke of a pen - all it needs is for the amendment to be laid before Parliament for (I think) 28 days, and it then comes into force automatically, unless Parliament debates it and decides otherwise.

But Nationality is different - most of that is in "primary legislation" - ie the British Nationality Act 1981, which takes a lot more time and effort to change, involving months of debate in both Houses. I haven't got a crystal ball, but I can't see major changes in the residence requirements being introduced in the near (or even distant) future.

The recent increase in the length of time it takes to get ILR means that (for many people) it now takes an extra year to get to "the starting blocks" for naturalisation, and that's the sort of thing they can do by manipulating the Immigration Rules. But to actually change the residence requirements for naturalisation - or the length of time you have to have ILR - would take an Act of Parliament...

So I think you're safe - but I'm not thinking of changing my user name to Mystic Meg....

Congrats on passing the test, incidentally. It is great to see so many positive messages like that - although I hasten to add that I claim no credit whatsoever for that side of this site - I've never even been in there, let alone contributed to it! But I'd like to join in with your vote of thanks to our excellent hosts....

paul

mrmehkri
  • mrmehkri
  • 50.2% (Neutral)
  • Guest Topic Starter
17 years ago

Recently the rules were changed for granting Permanent Residency (ILR) for holders of work permits and those on HSMP.

Is there any possibility for those who had these status (Work Permit or HSMP) to claim ILR on the basis oof rules when they were given the previous extentions?

Could IND change the goal posts without giving any exceptions to those who had valid residency status and could apply for ILR on four years residency basis?