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    April 30

    To all visa holders affected with April 06 ILR rule changes

    Background (Preamble):
    HSMP forum won the Judicial Review on 8th April 2009 challenging the April 2006 4 to 5 years Indefinite Leave to Remain Changes. The Home Office has decided not to appeal against the HSMP forum's Judgment.

    Justice Sir George Newman, in our 8th April 2008 Judicial Review judgement observed “I find that the terms of the scheme, properly interpreted in context and read with the guidance and the rules, contain a clear representation, made by the defendant, that once a migrant had embarked on the scheme he would enjoy the benefits of the scheme according to the terms prevailing at the date he joined.” The Judgment concluded “In the circumstances, I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them.

    The indefinite leave to remain after 4 years qualifying residence is a benefit which was originally promised to migrants who were Work permits,SEGS permits,WP-HSMP-Tier1 OR WP-Tier1,QTS permitsholders admitted to UK before the April 2006 ILR changes.

    Many Permit holders are also in a similar route to ILR, we can request the Home Office to to apply the same conditions to those permit holders who were originally eligible for ILR in four years. HO is wasting public money and poor management, if they still go ahead to release the April 6 judgement remedies without positively considering the WPians and similar categories by the time it is released by May 20, 2009.

    I hope most of our fears will be put to rest and there will be no need for any further JR or court actions and on or before May 21, 2009 the HO release their remedies for this April 6 judgement.

    But we must request HO,PM, MP's to have similar changes in the settlement period (4 years) like HSMP got it through a judicial review. In the worst case we all must unite for a Judicial review. So if you are one of those affected immigrant please sign this petition.

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