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I am sure it will be harder to get ILR/citizenship. I am sure it will be harder to live 10 year legally for ILR. But I don't think they will remove the right to get ILR after 10 years legal stay. Do you think there is high possibility they might? By the way, Labour confirmed about a year ago that Path to Citizenship would not affect it. I ask Avjones as well. Thanks in advance.sushdmehta wrote:As Immigration Rules are delegated / secondary legislation, the government doesn't need an act of parliament to make it more difficult for people to become eligible for settlement (under the UK immigration law).
regards
I am 1.5 year away from being eligible for 10 year route to settlement so I hope they don't scrap it but having seen many changes to immigration laws in recent years I won't be surprised if they do, specially as it seems most of Theresa May's speech was copied from Migration Watch recommendations (one of the most right wing think tank). Having said that and going back to Amanda's point regarding article 8, I do believe that the Government should treat the 10 years rule with caution as it may result in many cases of appeal against it based on article 8.xleft wrote:I am sure it will be harder to get ILR/citizenship. I am sure it will be harder to live 10 year legally for ILR. But I don't think they will remove the right to get ILR after 10 years legal stay. Do you think there is high possibility they might? By the way, Labour confirmed about a year ago that Path to Citizenship would not affect it. I ask Avjones as well. Thanks in advance.sushdmehta wrote:As Immigration Rules are delegated / secondary legislation, the government doesn't need an act of parliament to make it more difficult for people to become eligible for settlement (under the UK immigration law).
regards
Yes, they change something all the time. I am also in similar situation, only I have 2 years left until 10 years legal stay. This country is my home now and it's hard for me to imagine how can it be if they will manage to scrap 10 years legal stay, say in 1.5 years. So I will live here for 9 and half years in total but won't be eligible because I am several months short? I mean, even if they decide to implement some serious changes, they need to work on new migrants but not on those already here. Otherwise it would be just crazy unfair. Again, I don't think they will do it but all these speeches make a lot of ground for speculations. And there are strong chances if they try something dramatic, they will collapse and it will be stopped before it's implemented just like Labour's Path to Citizenship.PBS123 wrote:I am 1.5 year away from being eligible for 10 year route to settlement so I hope they don't scrap it but having seen many changes to immigration laws in recent years I won't be surprised if they do, specially as it seems most of Theresa May's speech was copied from Migration Watch recommendations (one of the most right wing think tank). Having said that and going back to Amanda's point regarding article 8, I do believe that the Government should treat the 10 years rule with caution as it may result in many cases of appeal against it based on article 8.xleft wrote:I am sure it will be harder to get ILR/citizenship. I am sure it will be harder to live 10 year legally for ILR. But I don't think they will remove the right to get ILR after 10 years legal stay. Do you think there is high possibility they might? By the way, Labour confirmed about a year ago that Path to Citizenship would not affect it. I ask Avjones as well. Thanks in advance.sushdmehta wrote:As Immigration Rules are delegated / secondary legislation, the government doesn't need an act of parliament to make it more difficult for people to become eligible for settlement (under the UK immigration law).
regards
Finally on a personal note I think once again immigration has become a tool for political point scoring and instead of constructive debate involving all stakeholders such as the British public, Universities, Business, all political parties and off course the migrants themselves to form a reasonable policy, we see a speech hastily arranged and delivered by the Home Secretary in reaction to the highly critical report by the Commons home affairs select committee which highlighted that capping only economics migrants will have little effect on bringing the immigration numbers down to it's previous level in 1990s. My advise is to hope for the best but prepare for the worst!
I'm not aware of any plans or intentions to get rid of the 10 year rule.xleft wrote:
I am sure it will be harder to get ILR/citizenship. I am sure it will be harder to live 10 year legally for ILR. But I don't think they will remove the right to get ILR after 10 years legal stay. Do you think there is high possibility they might? By the way, Labour confirmed about a year ago that Path to Citizenship would not affect it. I ask Avjones as well. Thanks in advance.
Thank you very much for your comment, Amanda. Have a nice day!avjones wrote:I'm not aware of any plans or intentions to get rid of the 10 year rule.xleft wrote:
I am sure it will be harder to get ILR/citizenship. I am sure it will be harder to live 10 year legally for ILR. But I don't think they will remove the right to get ILR after 10 years legal stay. Do you think there is high possibility they might? By the way, Labour confirmed about a year ago that Path to Citizenship would not affect it. I ask Avjones as well. Thanks in advance.
Well, if none of the Tiers 1 & 2 (and of course for other Tiers as well) Visas allow the right to settle permanently (however longer the period may be), then who would be eligible to settle in the UK? Only the Asylum Seekers?wunder wrote:I don't want to sound too pessimistic, but the term temporarily may as well be applied to entire Tiers 1 and 2 - as holders of these come to UK under time limited (temporary) permits.need_a_tier1 wrote:" those who come to work here temporarily" sounds like Tier-2 ICT to me.
xleft wrote:
I am not solicitor. But I heard it many times from solicitors. I was told about it in the head office of Workpermit.com for example. They give ILR after 10 years not because they are kind but because they can't refuse unless UK goes out of EU or unsigns from this law but to do it, it needs to be approved by the parliament and it won't be approved because it concerns only about 1% of the applicants and I don't think any party would like to look like it against basic human rights shared by all EU member states.
Tier 1 - Entrepreneurs & InvestorsManas wrote:Well, if none of the Tiers 1 & 2 (and of course for other Tiers as well) Visas allow the right to settle permanently (however longer the period may be), then who would be eligible to settle in the UK? Only the Asylum Seekers?wunder wrote:I don't want to sound too pessimistic, but the term temporarily may as well be applied to entire Tiers 1 and 2 - as holders of these come to UK under time limited (temporary) permits.need_a_tier1 wrote:" those who come to work here temporarily" sounds like Tier-2 ICT to me.
Government sets first annual limit for non-European workers wrote:A raft of new measures will strictly control the numbers that can come to the UK and work from outside Europe, the Home Secretary announced today.
As well as limiting the number of skilled non-European workers that businesses can bring into the country, the Home Office is tightening the intra-company transfer route (which will sit outside the annual limit) and restricting Tier 1 of the points-based system - the 'highly skilled' tier - to all but entrepreneurs, investors and people of exceptional talent.
The introduction of an annual limit was a coalition government pledge and will allow Britain to remain competitive in the international jobs market, while ensuring that migrant labour is not used as a substitute for those already looking for work in the UK.
To control those coming here, the government has committed to:
- introducing an annual limit of 21,700 for those coming into the UK under the skilled and highly skilled routes - 20,700 under Tier 2 (General) and 1,000 under the new 'exceptional talent' route;
- raising to £40,000 the minimum salary for those coming under the Tier 2 (Intra company transfer) route for more than 12 months;
- restricting Tier 1 to all but entrepreneurs, investors and the exceptionally talented; and
- requiring occupations in Tier 2 (General) to be at graduate level.
The government was determined to make changes to Tier 1 when it was revealed that approximately one-third of those coming through this route were actually doing low-skilled jobs once they were in the UK. Businesses have made it clear that their priority is to fill their specific vacancies through Tier 2.
.........
..... a consultation will be launched before the end of the year focusing on Tier 4 of the points-based system - the student route - which currently accounts for two-thirds of migrants entering the UK each year. By introducing a system that is more selective and more robust, the government is aiming to stamp out abuse while continuing to attract the top students to our top universities.
Annual limit for Tier 1 and Tier 2 visa applications wrote:Settlement
From April 2011:
- There will be a new criminality threshold, requiring all applicants applying for settlement to be clear of unspent convictions.
- Skilled and highly skilled migrants will need to meet the salary criteria that applied when they last extended their permission to stay.
- Skilled and highly skilled migrants will be required to pass the 'Life in the UK' test prior to gaining settlement.
For those entering in Tier 1 or Tier 2 of the points-based system after April 2011:
- We will stop our current policy of granting further leave to remain to those who fail the Knowlege of Life requirement.
- We will cap Tier 2 (intra company transfer) route at five years.
In this regard, let us consider an example. Someone's extension is due now. If he/she applies for extension, the salary criteria applicable depends on when his/her first application was granted. Although, in theory, no one whose extension is due today can have the first date of successful application after 31st March 2009. But, I just want to emphasize on the point, the salary criteria is not a fixed one (at least by the rules as on date). If I assume the same criteria would be applicable, say in March 2012, then extension applications could have different salary criteria depending on the applicants first date of successful Tier1 application.sushdmehta wrote:Annual limit for Tier 1 and Tier 2 visa applications wrote:Settlement
Tier 1 and Tier 2 migrants applying for settlement will need to meet the salary criteria that applied when they last extended their permission to stay.
What I can understand from this is that for people applying for ILR, salary criteria would be same as their last extension of Tier 1 (which normally is our 1st extension of HSMP/Tier1). So all we have to do is to check how much we needed to earn for our last Tier 1 extension.Manas wrote:In this regard, let us consider an example. Someone's extension is due now. If he/she applies for extension, the salary criteria applicable depends on when his/her first application was granted. Although, in theory, no one whose extension is due today can have the first date of successful application after 31st March 2009. But, I just want to emphasize on the point, the salary criteria is not a fixed one (at least by the rules as on date). If I assume the same criteria would be applicable, say in March 2012, then extension applications could have different salary criteria depending on the applicants first date of successful Tier1 application.sushdmehta wrote:Annual limit for Tier 1 and Tier 2 visa applications wrote:Settlement
Tier 1 and Tier 2 migrants applying for settlement will need to meet the salary criteria that applied when they last extended their permission to stay.
I urge everyone in this forum to discuss further on this matter....