Government fails in bid to remove Highly Skilled Migrants

[lilelvis2000]

I don't know how they get away with it - in Russia constitution forbids making retrospective changes that are negative (ie higher tax, but lower is okay), in this country it seems Govt can make it on a whim and hit people who were following their own rules for many years but suddenly they are given 6 months to totally change their strategy, IMO, CGT changes specifically should have been ruled illegal for those who already got shares for long period of time - these changes (at best) should have only applied to NEW transactions.

I don't however see UK businesses sueing the Govt about that gross unfair matter. Highly skilled immigrants seems to have had more balls to fight on for their rights, that kind of proves that these people are perhaps highly skilled in a way that they would work together to defend their rights.

The key word there is CONSTITUTION!

Business has taken the UK governemnt to the EU court. I recall there was a recent decision on VAT which has cost the govt billions. Which they recovered by changing CGT. But who knows perhaps this will also be taken to EU court.

[AtW]

Would this judgement also apply to our financial wizard then?
Off-ski!

I don't think you have read the judgement yet alone knew the situation.

The judgement means a lot of people on old HSMP won't be kicked out due to new rules that were applied retrospectively with very little notice. This is a fair judgement in my view as people were given one rules, sold houses in their countries and moved here permanently only to be handed change of rules with little notice meaning they'd have to go home. That's not right approach for a program that was meant to be long term.

As far as I am concerned I have UK passport now for some time so this does not apply to me, but I am pleased to see that UK courts yet again demonstrate that there is justice in this country and that they are independent from Govt.

[AtW]

Yeah they do seem to love doing things retrospectively. How on earth do they get away with it, by announcing it vaguely in earlier budgets so they can claim it's not retrospective at all?

I don't know how they get away with it - in Russia constitution forbids making retrospective changes that are negative (ie higher tax, but lower is okay), in this country it seems Govt can make it on a whim and hit people who were following their own rules for many years but suddenly they are given 6 months to totally change their strategy, IMO, CGT changes specifically should have been ruled illegal for those who already got shares for long period of time - these changes (at best) should have only applied to NEW transactions.

I don't however see UK businesses sueing the Govt about that gross unfair matter. Highly skilled immigrants seems to have had more balls to fight on for their rights, that kind of proves that these people are perhaps highly skilled in a way that they would work together to defend their rights.

[PAH]

Would this judgement also apply to our financial wizard then?
Off-ski!

Nah, he's in disguise as a giant squirrel now. His neighbours keep looking out for The Goodies, thinking they're doing some new sketches, but they should really be looking out for Dom Jolly.

[Dow Jones]

Resident financial guru is rattled!

Would this judgement also apply to our financial wizard then?
Off-ski!

[PAH]

Maybe UK citizens should also sue Govt for making retrospective changes, for example when it comes to taxation?

Yeah they do seem to love doing things retrospectively. How on earth do they get away with it, by announcing it vaguely in earlier budgets so they can claim it's not retrospective at all?

[AtW]

Well done High Court!

What happened is that Govt fked up a lot of people - they changed conditions big time in a long term program and applied them immediately to people who came earlier - it was certainly not fair since people had to commit themsevles to the UK and suddenly they see rules of the game change drastically so many of them don't even have time to adjust.

Having said that HSMP at the time was very easy to pass, so they certainly got a flood of people to which they reacted in such a stupid way - these rules should have applied to NEW applicants.

Maybe UK citizens should also sue Govt for making retrospective changes, for example when it comes to taxation?

[Chantho]

Or so it would seem

http://news.bbc.co.uk/1/hi/uk_politics/7336360.stm