UK to announce tough new immigration rules: Observer

[ND]

Latest news :

http://www.dailytimes.com.pk/default.as ... 005_pg7_45

[Chris]

Does this mean existing work permit holder may not be able to get ILR in future?

It would be very strange if they do such a thing.

[ND]

We have to wait for the news today and see what they say.I think it can effect the current workpermit holders ... or may be they have to write some english test etc ... or may be the 4 years time will be increased ...

[kumar78]

I have heard that such announcement was also being made on BBC/Skynews. Its better for all of the members willing to apply to expedite now. For all who are waiting for their results, my advise is to submit any additional documents if you think they can consolidate your case before case worker make any decision. Avoid rejection as ppl who may fall in b/w period of rejection and "paid appeal" will suffer.

[MWazir]

Does this mean existing work permit holder may not be able to get ILR in future?

It would be very strange if they do such a thing.

Thats the million dollar question. I would hope not.

[Chris]

Mwazir,

First of all I really doubt they would do something like no ILR for Work Permit. Maybe they can stop giving work permit easily.

Secondly, If at all this would have to be in effect there is no way they can force this rule on existing which includes Work Permit holder who are in the country.

I hope they WP holders are spared.

Chris

[MWazir]

Chris,

I agree it would be unfair if it applies to people who have already come into the country on a work permit. We will have to wait and see for the annoucement today and see how it applies and if at all it applies with immediate effect.

[rella]

Chris,

I agree it would be unfair if it applies to people who have already come into the country on a work permit. We will have to wait and see for the annoucement today and see how it applies and if at all it applies with immediate effect.

It may not be fair, but my guess is that if they take away the right of ILR for WP and HSMP, that it will apply to everyone and it won't matter if you entered the UK under the old rules -- up to the day that they change those rules, even if you have been here 3 years, 11 months and 29 days to that point.

We are all here in the UK at their discretion, so they are within their rights to do whatever they wish, fair or not... sigh...

The one thing that is going to be really weird if they don't allow HSMP holders to obtain ILR or citizenship in 5 years, is the fact that they make you sign a statement on the HSMP application that you are planning on settling permanently -- kind of hard to settle permanently, if they will boot you out of the country after 4 years... And why would the most highly skilled people leave their home countries and move their entire lives and families to the UK, if they are only allowed to stay temporarily? They should think about that, if they really do need outside talent for their economy.

The entire HSMP scheme, the ability to settle permanently after only 4 years... all seemed too good to be true. Guess it was.

[MWazir]

Rella,

ILR is now 5 years for HSMP and WP Tier 1 and 2 holders. So all is not lost yet.

[lynn132]

Tier 1 will replace HSMP, no job offer will be required (though it will be for Tier 2), but extra points will be awarded if you do have a job offer. Another item of note - employers won't have to deal with applying for work permits, so maybe they'll be less resistant to hiring prosepective migrants if they don't have to deal with that.

[rella]

Tier 1 will replace HSMP, no job offer will be required (though it will be for Tier 2), but extra points will be awarded if you do have a job offer. Another item of note - employers won't have to deal with applying for work permits, so maybe they'll be less resistant to hiring prosepective migrants if they don't have to deal with that.

I just saw your discussion on the general board.

So, does anyone have any idea when HSMP will be replaced by the tiered system?

We have to make a decision as to whether to rapply for HSMP or not. I could really use your advice -- here's my post about it today:

http://www.immigrationboards.com/viewtopic.php?t=2923

My husband does contsulting work, so no job offer as such. Once we make the decision as to whether he should rapply or not, we have to decide to wait 3 weeks until he gets paid next, or ask his employer (client) to pay him a bonus, to get the salary up to the threshold to get points.

I'm super stressed about this and very concerned about the timing issue.

I will greately appreciate any insight that any of you might have.

[lynn132]

http://www.official-documents.co.uk/doc ... 2/6472.htm

Click on full pdf and you can read the whole thing. It appears some of this will be implemented in April. If you apply now, the current rules should still apply, but given the backlog, they will have to start converting applications over if they plan to implement in April.

Good luck!

[Sher]

I think those who are already there or have been approved are safe

Sample this from the Questions & Answers section of the Immigration and Nationality Directorate's Guidance on the Highly Skilled Migrant Programme (HSMP), Revised Programme effective from 31 October 2003

24.10
Q: I have already applied successfully under HSMP. How does the revised HSMP affect me?
A: Not at all. It is important to note that once you have entered under the programme you are in a category that has an avenue to settlement. Those who have already entered under HSMP will be allowed to stay and apply for settlement after four years qualifying residence regardless of these revisions to[/color]

What say ?
Can some 'legal eagle' cast an eye on this ?

[paresh1]

I feel that only the name is changed from HSMP to tier 1, it's old wine in a new bottle. Has anybody found out any difference? By the way since when this policy will be applicable.

[bs]

I have managed to find some differences beweeen existing HSMP and the proposed Tier 1 system.

a) now you can apply ONLY under four categories: doctors, IT professionals, engineers and finance experts. I dont know what would be the qualifying crieteria for those sub-categories.
b) there could be different points for qualifications under these different sub-categories (basically Australian style)
c) IELTS score of 8 band will be compulsory (I am not sure whether it will be general stream or academic stream)
d) since HSMP visa holder will be eligible for ILR only after 5 years, as a logical reasoning, Tier 1 will be for 5 years.
e) for persons switching over from student visa to HSMP/work permit category, you will not be able to include your stay under student visa at the time of counting total stay in UK for applying for citizenship because under the proposed scheme, student visa has been removed from the immigration category leading to settlement. This is only a technical correction but having far reaching implications. You could not settle [i]per se[/i] on the basis of student visa only but your stay under student visa was considerd under citizenship crieteria for the required number of years.

[lynn132]

Where did you find those limitations on specific professions? They're not in the plan as published. It says ". . . highly skilled, including doctors, engineers, finance experts and IT specialists. . . ". Those are examples, not specific limitations. The government will be forming a group to study the labour market and determine what areas go on their shortage skills, but that doesn't mean others are out in the cold.

See annex three of the report - it gives the best info.

[hsmphopeful]

Basically the only new regulation which afffects those who already are in the UK under HSMP is the 5 year rule, and even in this case it is not completely clear whether it will apply to people who got HSMP and arrived before the new rules come into effect (post May?).

The English language requirement is a just one and I think all bona fide highly skilled migrants shouldn't have any problems with that.

Anyway, this is the policy and the devil is in the details. What need is the detailed info on www.workingintheuk.gov.uk...

[Kayalami]

Historic government policy has been to 'NOT' apply any aspect of immigration changes 'Retrospectively' for applications submitted but yet to be decided i.e. if you submitted your application before the changes the old rules apply to you. This is of most impact/ relevance to those going for ILR in 4 years time and intending to include dependents in their settlement application.

However the immigration issue has really rattled the government and I regret to say I am in the 'retrospectiveness' is the name of the game camp - it's already in place for Working Holiday Visas (which have experienced the most draconian U-Turn I have come across in UK immigration policy).

[desiguy]

I posted the following on another thread.

Following from HO's guidance doc:
---------------------------------------------------------------------------
24.9

Q: What if the scheme changes?

A: As with any immigration scheme we reserve the right to adapt some of the criteria or documentation associated with the scheme and will inform you via our websites of any such changes. All applications will be treated on the basis of the HSMP provisions at the time that they were submitted.
---------------------------------------------------------------------------

Hope this helps whoever is considering to apply and also provides some sense of relief to the ones who have already filed.

Cheers

[vikramsthakur]

Hi,

I just browsed thru the new document as I am close to applying my FLR. I couldn't make out one thing:

* IF I apply for FLR this month what would be the period of extension of the HSMP /Tier-1 (whatever they call it). i.e. 3 years or 4 years?? Cos if its 3 years then how will the 5th year thing work out? I couldn't make out what exactly will be the effect.

Rest for HSMP there is not much of a change.

[vikramsthakur]

Where did you find those limitations on specific professions? They're not in the plan as published. It says ". . . highly skilled, including doctors, engineers, finance experts and IT specialists. . . ". Those are examples, not specific limitations. The government will be forming a group to study the labour market and determine what areas go on their shortage skills, but that doesn't mean others are out in the cold.

See annex three of the report - it gives the best info.

I agree with lynn132 that the occupational listing (in the new policy Doc) only seems like an example.

[aaanjoo]

"Below Tier 1, each migrant will need a sponsor".
"The tier 1 will replace the HSMP. Workers who currently come in on WP will also come in under Tier 1. "

it sound, people currently on WP (sponsored by their employer) wont be needing any sponsorship after entering in Tier 1. they will be treated as Tier1(or hsmp visa holders).

(:

[deborahCO]

Where did you find those limitations on specific professions? They're not in the plan as published. It says ". . . highly skilled, including doctors, engineers, finance experts and IT specialists. . . ". Those are examples, not specific limitations. The government will be forming a group to study the labour market and determine what areas go on their shortage skills, but that doesn't mean others are out in the cold.

See annex three of the report - it gives the best info.

As an American attorney, I can pretty much guess their language NOT limiting the professions, but serves only to give examples of the most preferred professionals. I doubt it will serve to exclude anyone outside of those professions.