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Over turn Retrospective Changes to Settlement (ILR) Rules for HSMP / Tier 1 Applicants

Submitted on Saturday 3rd March 2012

Rejected on Wednesday 21st June 2017

Current status: Rejected

Rejection code: duplicate (see below for details)

Petition Action

Over turn Retrospective Changes to Settlement (ILR) Rules for HSMP / Tier 1 Applicants

Additional Information

HSMP/Tier 1 needed migrants to spend 5 years in the UK and be economically active in order to qualify for ILR. They were also required to make the UK their main home. Home requirement and clear criteria for ILR created a reasonable and legitimate expectation that if an immigrant meets the above requirements, they will be eligible for ILR.
On 6th April 2011 Settlement Rules for Tier 1 and HSMP Migrants were amended retrospectively.
1. Tier 1 Applicants are required to score points again in the last year when they apply for Settlement
Applicant needs to be free of unspent convictions (including traffic offence) when applying for Settlement
2. A person could be in a job for 4 and a half years and then loose his job because the economic scenario or get a driving fine and as a result won't be eligible for ILR.
In the past, immigration ministers have consistently opposed the retrospective elements of the changes. Hence, I would urge the government to overturn the retrospective rules.


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This petition was rejected

The Government e-Petitions Team gave the following reason:

There's already a petition about this issue. We cannot accept a new petition when we already have one about a very similar issue.

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