Tier 1 (G) - Post the Scrap, In-Country Extension Discussion

[thelionking]

Guys,

Let's use this thread specifically to discuss Extensions for those already in UK on Tier (1) General ... who still require an extension (or even two extensions) to get to ILR ...

Yesterday's announcements re: Annual Limits for T1 and T2 have kind of scrapped T1(G) ... so what happens to us now?

Details are expected here shortly: http://www.ukba.homeoffice.gov.uk/news- ... Applicants

Moderators: I know there is an ongoing discussion on to it's 30th page re: coallation's new changes etc. but it's all so muddled up now. Moderators, pls. don't block this new thread and tell us to discuss in there as Ihave specified exactly what is to be discussed here (and not the generic hate speeches and frustration talk).

Here again: IN COUNTRY EXTENSIONS debate only pls. for those already IN UK on Tier 1 (General) that no longer exists!

[thelionking]

Why all of us T1(G) holders already in UK so anxious? Becuase nothing was announced yesterday with regards to what happens to us, while T1(G) is scrapped altogether ...

What do I personally expect? Really don't know ... both extreme examples are in front of us:

GOOD NEWS:

- They have not announced anything relating to us yesterday, so perhaps its untouched and we might be allowed to carry on old rules.
- Also possitive is when they announced interim limits earlier this year, they left in-country extensions out of any limits.

BAD NEWS:

- True, they left in-country extensions out of the intermi limit but now we are not talking limits, T1 (general) is altogether gone.
- The whole 'mood' is pretty anti-immigration so anything is possible ...

Let's see, I for one am anxiously waiting!

[ammu12345]

the question remains .....whats our right as a Tier 1 holder??

[thelionking]

Turn to SKY News ... the prime minister is being questioned in parliament re: the yesterday's announcement on immigration and the job market overall.

It's LIVE now ...

[thelionking]

David Cameron was just asked about yesterdy'a harsh cap on T1 and his reply was "Immigration from EU is all balanced, and excess immigration is ALL coming from outside the EU"

[thelionking]

Does anyone know when they sarted DELETING the whole points from the Settlement Guide for Tier 1 (General) Migrants.

Go to this page on UKBA's website:

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/


And see under '245C. Requirements for entry clearance or leave to remain', under subsection 'Requirements' point A now says DELETED.

Same for further down in Indefinite Leave to Remain, point 245G. DELETED as well.

Anyone knows what was there? Something they are changing to effect T1 extensions or eventual settlement?

[wunder]

Well, they cannot do anything about EU migrants - so to lower the total number they have to be super-strict on non-EU migrants...

I think it is a good sign that nothing was said about the extensions for existing T1/T2 holders yesterday - the government wanted to show their 'tough' stance on immigrant, and saying that the existing work permit holders would be allowed to stay permanently would be treated as 'weakness' by the media.

[wunder]

Does anyone know when they sarted DELETING the whole points from the Settlement Guide for Tier 1 (General) Migrants.

Not in the last two days as Google's cache from 22nd is the same.

[sundance_kid_750]

Well, they cannot do anything about EU migrants - so to lower the total number they have to be super-strict on non-EU migrants...

I think it is a good sign that nothing was said about the extensions for existing T1/T2 holders yesterday - the government wanted to show their 'tough' stance on immigrant, and saying that the existing work permit holders would be allowed to stay permanently would be treated as 'weakness' by the media.

What do you think about 2nd extension of tier 1? What point system will be followed for granting that? Is it going to be the original point system that got the tier 1 in the first place?

[wunder]

It's impossible to say!
I do find it hard to believe that they will allow people to apply for Tier 1 extensions under old rules indefinitely. I'd imagine they might add a deadline to apply for ILR under old rules (5 years after last admission under old rules) and after it everyone would have to fit into a new system.

[sundance_kid_750]

It's impossible to say!
I do find it hard to believe that they will allow people to apply for Tier 1 extensions under old rules indefinitely. I'd imagine they might add a deadline to apply for ILR under old rules (5 years after last admission under old rules) and after it everyone would have to fit into a new system.

What if the applicant requires a second extension to complete 5 years? What rules will he be judged by? What point system?

[thelionking]

Keep an eye here, a good detailed Q&A type explaination by BBC, their try of explaining what has happened yesterday via the announcement:

http://www.bbc.co.uk/news/10436228


And they are updating it quite regularly, last updated an hour or so ago ...

[wunder]

What if the applicant requires a second extension to complete 5 years? What rules will he be judged by? What point system?

No idea! It's all speculation at this point

Logically thinking, they would not miss the change to charge people for yet another extension, do they? Plus if they will turn away people mere months before 5 years, they risk a large amount of human rights lawsuits.
So you might be fine afterall!

[thelionking]

Well, they cannot do anything about EU migrants - so to lower the total number they have to be super-strict on non-EU migrants...

I think it is a good sign that nothing was said about the extensions for existing T1/T2 holders yesterday - the government wanted to show their 'tough' stance on immigrant, and saying that the existing work permit holders would be allowed to stay permanently would be treated as 'weakness' by the media.

it does make us feel good to think this way, but it could also be the other way around, where they didn't want to break all the bad news together and the in-country limits or new rules will come next ... also perhaps they wanted to see initial reaction and judging from the response on media, i think they'll get away with anything this time ...

[sundance_kid_750]

Well, they cannot do anything about EU migrants - so to lower the total number they have to be super-strict on non-EU migrants...

I think it is a good sign that nothing was said about the extensions for existing T1/T2 holders yesterday - the government wanted to show their 'tough' stance on immigrant, and saying that the existing work permit holders would be allowed to stay permanently would be treated as 'weakness' by the media.

it does make us feel good to think this way, but it could also be the other way around, where they didn't want to break all the bad news together and the in-country limits or new rules will come next ... also perhaps they wanted to see initial reaction and judging from the response on media, i think they'll get away with anything this time ...

No way. People already in the UK are not going to give up without a fight! I won't, and I'm sure you won't either. There are courts of law and the UK government has faced embarassment before. The MOST important thing to keep in mind folks that if it comes to that, we all need to be ready to fight.

[thelionking]

Here, the details of the cap are worded differently (clearer, I'd say) on the Home Office's website ... http://www.homeoffice.gov.uk/media-cent ... n-european

Also, see the press notice: http://www.homeoffice.gov.uk/media-cent ... an-workers



"The government was determined to make changes to tier one – the 'highly skilled' tier – when it was revealed that approximately a 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 two."


Also, given that Tier 2 has been restricted to Graduate Level jobs only (again see in the the same detail page) ... No way will they allow Tier 1 (G) to extend in any job of their choice.

The only question remains, how linient they go on already in-country T1(G) visa holders.

[Behi987]

Thanks for the useful information.How long will it take they announce exactly(in details) what their decision will be and how it is going to affact Tier1 holders already in the country?

[thelionking]

More details are here on UKBA's website:

http://www.ukba.homeoffice.gov.uk/sitec ... ual-limits

but sadly not much on extensions yet!

[thelionking]

Let's put 2 and 2 together ...

I am extracting the bits that makes sense for Tier 1 (General) extension point of view:

Tier 1
The Tier 1 (General) route will be closed.
Tier 2
The Tier 2 (General) route will be subject to a limit.
This limit will not apply to in-country applications from those already here, or dependants.
Tier 2 (General) applications will be restricted to graduate-level vacancies.
Settlement
There will be a new criminality threshold, requiring applicants to be clear of unspent convictions, for all those applying for 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.
If an applicant fails to pass the minimum English language requirement, their application for settlement will be refused.

So now, this is what I am reading for Tier 1 (General) already holding a visa and already in UK (or who gets a visa and enter before these new rules kick in on 1st April 2011).

T1 (G) in-country extensions will not face any limits.

T1 (G) can eventually work towards settlement, but at the time of applying for ILR, a same kind of point system will have to qualify you for ILR as the one you got your last extension on. (So no longer will we just get ILR for showing 5 years, but essentially another extension kind of application).

And T1 (G) will have to extend as either T2 (G), which has a mimimum of Graduate level job (they'll define later) and a minimum salary of 40k pa or extend as T1 (Investor, Entrepreneur or Exceptional Talent). Yes, this means that most of us will have to look for T2 (G) route for extension.

Does this makes sense now?

Still, let's wait and heard what official version is ... but no details means, probably another restless night (or more) ahead of us ...

[hsmpengineer]

Annual limit for Tier 1 and Tier 2 visa applications


24 November 2010


The Home Secretary announced on 23 November 2010 a number of changes to immigration policy in respect of Tiers 1 and 2 of the points-based system, designed to deliver the government's commitment to place a limit on non-EU economic migration to the UK.

Further details of these changes will be published before they are implemented in April 2011.

The changes announced yesterday are set out below.

Tier 1
The Tier 1 (General) route will be closed.

The Tier 1 (Entrepreneur) route will be reformed to make it more attractive. We will introduce flexibilities and create a new avenue for promising start-up companies which do not meet our investment threshold.

The Tier 1 (Investor) route will also be reformed to offer an accelerated route to settlement, depending on the level of investment.

The Tier 1 (Entrepreneur) and Tier 1 (Investor) routes will not be subject to a limit on numbers.

A Tier 1 route for persons of exceptional talent will be introduced. This will cover migrants who have won international recognition in scientific and cultural fields, or who show sufficient exceptional promise to be awarded such recognition in the future. Applications by those with exceptional promise will be endorsed by a competent body in the relevant field. The 'exceptional talent' category will be subject to a limit of 1,000 places. Tier 2 will continue to be open to migrants working in these fields.

Further details will be published as soon as possible.

Tier 2
The Tier 2 (General) route will be subject to a limit of 20,700 places for 2011/12.

This limit will not apply to in-country applications from those already here, or dependants. Nor will it include Tier 2 (General) applicants who are filling a vacancy with a salary of more than £150,000. The Tier 2 (Sportsperson) and Tier 2 (Minister of religion) routes will also be exempt from the limit.

The limit will not include those applying under the Tier 2 (Intra company transfer) category. Intra-company transferees int the 'Established staff' sub-category paid more than £40,000 will be able to stay in the UK for up to 5 years; those paid between £24,000 and £40,000 will be able to enter for up to 12 months within a specified period. The current rules will continue to apply to Tier 2 (Intra company transfer) migrants in the 'Graduate trainee' and 'Skills transfer' sub-categories.

Tier 2 (General) applications will be restricted to graduate-level vacancies. The Migration Advisory Committee will advise us on what are to be considered graduate-level jobs, and we will amend the shortage occupation list accordingly. Existing Tier 2 (General) migrants in jobs below graduate level will be able to extend their permission to stay if they meet current requirements.

The minimum level of English language competency for Tier 2 (General) applications will be increased from basic to intermediate level (B1 on the Common European Framework of Reference).

Applications for certificates of sponsorship will, where the limit applies, be considered on a monthly basis. If the monthly allocation is oversubscribed, applications will be ranked according to:

shortage occupations in the first instance;
whether the post requires higher academic qualifications; and
salary.
Potential workers who are granted a certificate of sponsorship will have 3 months in which to apply for a visa.

Settlement
There will be a new criminality threshold, requiring applicants to be clear of unspent convictions, for all those applying for 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.

If an applicant fails to pass the minimum English language requirement, their application for settlement will be refused.

[geriatrix]

Moderators: I know there is an ongoing discussion on to it's 30th page re: coallation's new changes etc. but it's all so muddled up now. Moderators, pls. don't block this new thread and tell us to discuss in there as Ihave specified exactly what is to be discussed here (and not the generic hate speeches and frustration talk).

In all fairness:
1. It is the members who take a topic from a meaningful discussion to one that, as you state, contains generic "hate speeches and frustration talk".
2. The same members who post in that discussion are likely to post in this topic too, because most, if not all, are Tier 1 (General) migrants who are already in the UK.
3. Who will take the responsibility that this discussion does not end up in a similar status as the other topic that you refer to?
4. How is this topic any different from the other, as both focus and encourage members to "speculate" or, as some members prefer to call "opinions of those affected"? Only one part of the speculation ended yesterday (regarding new migrants) but the other bits remain (what about existing migrants, what about settlement, what about citizenship etc. etc.).

An example: the same content being posted by one member (you) in both the topics.


regards

[thelionking]

Moderators: I know there is an ongoing discussion on to it's 30th page re: coallation's new changes etc. but it's all so muddled up now. Moderators, pls. don't block this new thread and tell us to discuss in there as Ihave specified exactly what is to be discussed here (and not the generic hate speeches and frustration talk).

In all fairness:
1. It is the members who take a topic from a meaningful discussion to one that, as you state, contains generic "hate speeches and frustration talk".
2. The same members who post in that discussion are likely to post in this topic too, because most, if not all, are Tier 1 (General) migrants who are already in the UK.
3. Who will take the responsibility that this discussion does not end up in a similar status as the other topic that you refer to?
4. How is this topic any different from the other, as both focus and encourage members to "speculate" or, as some members prefer to call "opinions of those affected"? Only one part of the speculation ended yesterday (regarding new migrants) but the other bits remain (what about existing migrants, what about settlement, what about citizenship etc. etc.).

An example: the same content being posted by one member (you) in both the topics.


regards

valid points then pls. close this and merge into the other one. I am new here, just wanted to have a 'cleaner' and more focused thread .... but i agree, this is going to get polluted too.

[geriatrix]

Unfortunately, cannot merge this with the other. Feel free to post relevant content in that topic.

Please continue in the existing topic.