New rules for ILR under new skilled worker visa?

[rodvmu]

Hi all!

I've been reading a lot about the SET(O) route. And apparently some new guidelines have been released to amend the rules since "tier 2 general" has been superseded by the "skilled worker visa".

They are:
https://www.gov.uk/guidance/immigration ... led-worker
https://www.gov.uk/guidance/immigration ... -residence

When you read old documents, they do mention they don't apply for "tier 2" visas anymore, as you can see here:
https://assets.publishing.service.gov.u ... 2.0ext.pdf

Although they are similar the new ones are much simpler. No mention of needing absence letter from employers for example.

I'm wondering, for people applying from now on, coming from the old tier 2 categories, does this mean they will benefit for these new rules for settlement under a skilled worker visa?

What's confusing is that I've applied recently but the SET(O) online form does still mention the documents are required. Maybe they haven't had time to update the online system?

[TaherLy]

Good question

Yes the new rules of the skilled worker route are simpler and the absence letters from the employer are no longer required. It may take a bit of time for the home office to update the Set(O) though . Also, HO is under no pressure to update the Set(O) as it will be years before anyone is eligible for settlement after completing 5 full years under Skilled worker route .

[vinny]

it will be years before anyone is eligible for settlement after completing 5 full years under Skilled worker route .

No.

The Skilled worker route has subsumed Tier 2 (General). The rules of applying for ILR under Tier 2(General) have been deleted.

I think some may be eligible for ILR now.

[TaherLy]

Maybe deleted but still valid where applicable
There are also tier 2 to skilled worker transitional procedures in place .

[rodvmu]

That's the crucial point.

Will people applying from now on be under the new rules? Or the ones coming from a tier 2 will still be under the old ones?

The documents seem to indicate the former, everyone is under the new rules now, but the SET(O) form hasn't changed yet to reflect that. A bit confusing.

If everyone is under the new rules absence letter for one are not required anymore. Or most of the documents required today for that matter.

[rodvmu]

Just found this article about the same topic: Settlement as a Skilled Worker – what you need to know.

[quoala]

Interestingly an English language requirement has been removed as well!!

[TaherLy]

So even if their new guidance requires new supporting documents, they cannot force migrants to meet them as what matters is the rules and not the guidance. It would be interesting to see how the new Set(0) will look like .

[rodvmu]

Interestingly an English language requirement has been removed as well!!

When you come to think of it, why was it ever required in the first place since people already needed to prove their knowledge of English to apply for tier 2 visas. Bonkers. The "absence letters" were also nonsensical in my opinion.

[TaherLy]

Some employers don’t report changes of employments including absences through SMS as required so I understand why such a letter is required but the English language requirements are an utter nonsense

[quoala]

Interestingly an English language requirement has been removed as well!!

When you come to think of it, why was it ever required in the first place since people already needed to prove their knowledge of English to apply for tier 2 visas. Bonkers. The "absence letters" were also nonsensical in my opinion.

It was a ridiculous requirement, did that mean after 5 years living in an English country your language skills may deteriorate? It's not an eye test.
In my case the IELTS I took for T2 was removed from the approved tests, meaning I had to take a new test for ILR which I'm happy it's not going to happen.

Overall the new guidelines are much smoother.