workpermit 5yr rule court case 17/18 of dec

[joebloggs]

for the few filipino's users on here who are on workpermits, the Judicial Review for the changes to Indefinite Leave to Remain qualifying period from 4 to 5 years (ILR 4-to-5) for workpermit holders has the hearing dates of the 17 and 18 of December 2007.

for those who don't know the gov changed the qualifying period from 4 to 5 years before you could apply for ILR, this retrospective change has been challenged and it looks like another court case the gov could lose, after losing a major court case to BAPIO (The British Association of Physicians of Indian Origin) after advice given by the Department of Health to NHS employers regarding doctors on the Highly Skilled Migrants Programme (HSMP) was not lawful. there is another challenge on the 30th of this month regarding other changes to the HSMP rules, looks like bad days for the gov are ahead

if the gov lose, who knows how they are going to sort this mess out, if you've had to extended your workpermit, and if you could have applied for ILR b4 april this year, will you be able to pay the old ILR fee? can your employer reclaim the workpermit fee ......... knowing the gov prob not

[nparvus1202]

There is a rumour with some Filipinos here in Nottingham that by next year, 2008, all work permit holder approved for ILR, the dependants will not be included. Dependants, partner and kids, will only be allowed to visit UK for 6 months, is there any truth on this? Or is just a rumour? I know a lot of scary news are coming, but not this one.

[andypaul]

If a person was given ILR i couldn't see them not allowing there loved ones who are dependant on them be with them and i think the human right laws would not support it.

But who knows the goverment feel it has to restrict the number of people coming in for various reasons so who knows.

[joebloggs]

i've not heard that, i don't see how they could do that, as a dependent child has the same visa rights as the parent.

as for human rights, i don't think so, gov can say you can go back the the phils, if you want to live togther.

but something not connected with this, i've just read, but still interesting...

'my partner who is Australian has had to leave the Country although we have a 12 week old child.

i have now had official word as to how he can apply to come back in circumstances where we are not married and do not qualify for an unmarried partners visa. This avenue applies when parents are separated OR together and may help many people on this web site.

The official word comes from the Home Office Visa Advisory Department AND from the senior entry clearance office at the High Commission in australia.

The application is under rule 246 - exercising rights of access to a child resident in the UK. You will need to ensure you fulfil the criteria listed in the rule ( able to support yourself etc ) but the rule talks about getting a court order or a certificate from a District Judge as to your rights of contact.

There is no such thing as a certificate from a District Judge and when questioned on this the Home Office stated the following -

'This (rule 246 ) applies to all parents, not just those who are divorced or legally separated.

Owing to claims that actually obtaining a Certificate from a District Judge is impossible, the Border and Immigration Agency (BIA) have taken advice from LAB & the Ministry of Justice who have confirmed that it is impossible to obtain a Certificate issued by a District Judge (at the time that this Rule was framed in the summer of 2000, this option was suggested as an acceptable means to verify the applicant's intent to maintain contact with the child.)

As this option is no longer available, and in the absence of any other legally based option to replace it, the sole alternative will be to request a sworn affidavit from the non-applicant parent, (i.e. the U.K. resident parent or carer of the child), confirming that the applicant parent can have access to the child, and describing in detail the arrangements made to allow for this. If contact is supervised, then the statement must be made by the supervisor.'

thus if you are the parent of a child resident in the Uk, separated or not from your partner and do not qualify for a spouse visa or an unmarried partners visa you, this may be a way of getting entry clearance. All you will need is a sworn affadavit from the other parent confirming you rigts of access. If you are separated and the other parent will not provide such an affadavit then you can as the family court to award you contact - the form needed is a 'C1' and con be downloaded from the court service web site - it is a fairly straightforward procedure.

You would still have to apply from your home country - entry would be for 12 months and you would be able to work

if after 12 motnhs you can demonstrate that you are still having contact with the child you are able to apply for indefinite leave to remain.'

i'm sure the gov will doing something about this thou...

[andypaul]

.

as for human rights, i don't think so, gov can say you can go back the the phils, if you want to live togther.

I have no idea but spliting a family sounds like one of those human right laws, many brits when going abroad for work like the right to keep there families with them.
But then as we all know most embassy staff have there kids sent to some of the best boarding schools in the UK (if there are no suitable schools in the country they are stationed in) and we all pay for it so maybe they wont might if countries deny brits the right to take dependants with them.

[joebloggs]

the gov is not splitting the family, the parent is, they can go back to the phils or where ever, this is one of the excuses case workers use, i don't think you would get any where with the humans rights thing, if my wife didn't get a spouse visa, there is nothnig stopping me going to live with her in the phils..

[nparvus1202]

If they allow dependents to visit the main ILR holder for at least 6 months each time, then human rights have no cause for alarm. Maybe UK is just limiting the people staying in the UK at the same time reducing the amount of benefits given. But still, I told my friend that I never heard of anything of that sort. The newest scheme is the point system.