JULY 2011 ILR changing ? ?

sialacii · Post by **sialacii** » Wed Oct 13, 2010 10:36 pm

Hi

my 10 years will complete in early sep2011 and hence I can apply in August 2011 ( 28 days earlier..).

but I have heard that ILR is changing in JULY 2011 does this mean I wouldn't get my ILR ?

what will happen to someone like me ?I was on student

sialacii · Post by **sialacii** » Sun Oct 17, 2010 10:11 pm

any idea's guys?

Post by **Casa** » Sun Oct 17, 2010 10:14 pm

The new Government haven't confirmed that the new rules will be implemented in July 2011 or in what form if they are...so anything at the moment would be purely guesswork.

sialacii · Post by **sialacii** » Fri Oct 22, 2010 1:40 am

thanks for the reply, is it clear whether it will also affect long stay ILr ( 10 years basis ? ).

i saw a note some where saying its aimed to increased the process from 5 years to 8 years which implies its targeting tier one and skilled migrants, but then it also says its to remove ILR !

just found this

http://www.ilpa.org.uk/infoservice/Info ... 200904.pdf

looks like there is going to be a transition arrangment and those whom are within 12 month of applying for ILR can stay on current system/path.
sounds fair/fairer.

Son_of_Soil · Post by **Son_of_Soil** » Fri Oct 22, 2010 12:24 pm

The date given on the attachement is 23 april 2009, is that bill hasnt passed it?

sialacii wrote:thanks for the reply, is it clear whether it will also affect long stay ILr ( 10 years basis ? ).

i saw a note some where saying its aimed to increased the process from 5 years to 8 years which implies its targeting tier one and skilled migrants, but then it also says its to remove ILR !

just found this

http://www.ilpa.org.uk/infoservice/Info ... 200904.pdf

looks like there is going to be a transition arrangment and those whom are within 12 month of applying for ILR can stay on current system/path.
sounds fair/fairer.

sialacii · Post by **sialacii** » Thu Jan 13, 2011 3:36 am

Son_of_Soil wrote:The date given on the attachement is 23 april 2009, is that bill hasnt passed it?

sialacii wrote:thanks for the reply, is it clear whether it will also affect long stay ILr ( 10 years basis ? ).

i saw a note some where saying its aimed to increased the process from 5 years to 8 years which implies its targeting tier one and skilled migrants, but then it also says its to remove ILR !

just found this

http://www.ilpa.org.uk/infoservice/Info ... 200904.pdf

looks like there is going to be a transition arrangment and those whom are within 12 month of applying for ILR can stay on current system/path.
sounds fair/fairer.

i heard the other day that the law has been rejected by new government and not an issue for me anymore ...

York123 · Post by **York123** » Thu Jan 13, 2011 1:12 pm

But the new government is saying it will change the rules for ILR...
Some people are saying the rules may change in April 2011... If that is the case will that affect everyone applying after April 2011??
We r due to apply in May 2011.. I'm worried now..

tina123 · Post by **tina123** » Fri Jan 14, 2011 7:42 pm

I think it wont affect anyone covered by HSMP JR. i.e pre nov hsmpians.........

tina123 · Post by **tina123** » Sun Jan 16, 2011 10:00 pm

Hi york,
If you are applying for ILR in may 2011 then you should be HSMP pre nov 2006. You would get ILR.............

Son_of_Soil · Post by **Son_of_Soil** » Sun Jan 16, 2011 10:38 pm

Hi Tina
Hope you good!
Dnt you think it's a bit early to confirm that, I m in the pre nov HSMP holder too n No one is yet sure what n how the coming change in march /April will affect people like me! There might be some set salary criteria that what I can think of!
Just hope every it goes easy for people n everyone get ILR without any complications.

tina123 wrote:Hi york,
If you are applying for ILR in may 2011 then you should be HSMP pre nov 2006. You would get ILR.............

tina123 · Post by **tina123** » Mon Jan 17, 2011 8:02 am

Hi,
I have replied to york as he is in the pre-nov HSMP. If you are not covered by this HSMP JR pre nov then,
1. There can be a set criteria to get ILR like you have to qualify.
2. Move the goal post
3. They can even make it more difficult to extend the tier - 1 visa unless you are in highly skilled job .

These are just a speculation, but we have to wait.............

Manas · Post by **Manas** » Mon Jan 17, 2011 7:53 pm

tina123 wrote:Hi,
I have replied to york as he is in the pre-nov HSMP. If you are not covered by this HSMP JR pre nov then,
1. There can be a set criteria to get ILR like you have to qualify.
2. Move the goal post
3. They can even make it more difficult to extend the tier - 1 visa unless you are in highly skilled job .

These are just a speculation, but we have to wait.............

1. This has already been officially announced in UKBA website that from April 2011 settlement criteria for Highly Skilled (Tier1) and Skilled (Tier2) applicant would require the salary criteria to be met when they last extended their leave to remain.

2. Moving the goal post - for this, most probably there would be a consultation, which is most unlikely to be over by May, so that York123 should not be affected by the proposed new rules (if at all) of moving the goal post.
However, just for the sake of argument if we consider rules are going to change in April 2011, and for example, say, minimum qualifying years for settlement is raised from 5 to 6 years, then it implies that in the entire period between April'11 and Mar'12, no settlement would be granted to economic migrants, as no one in the existing 5 yrs settlement rule would complete 6 years before April 2011 (according to the hypothetically proposed new settlement rule of 6 years from April 2011)!! In that case, why would the UKBA announce salary criteria for settlements to be granted from April 2011?

3. Again, as said in point 1, the salary criteria would be as per the last extension.

York123 · Post by **York123** » Tue Jan 18, 2011 4:21 pm

Hi all,
Thanks for the replies. I'm on Work Permit visa from past 5 years, not on HSMP.
Where did they mention that they may include salary criteria from April 2011??? Will that apply for Work Permit holders as well??

I was given work permit for 5 yrs. So will they check my salary offered 5 years back??

If they want to change the rules, can they change it without consultation period of 3 months?

Can you (Manas) please give me the link where UKBA has announced about the salary criteria from April 2011..

Manas · Post by **Manas** » Tue Jan 18, 2011 8:04 pm

York123 wrote: Can you (Manas) please give me the link where UKBA has announced about the salary criteria from April 2011..

York123, I am not a professional of law, so I won't be able to say whether by "Skilled Workers" UKBA also includes WP holders along with Tier2 professionals.

Anyway, here's the link. Scroll down to the bottom and find the section on Settlement. Hope this helps.

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

dimsav · Post by **dimsav** » Tue Jan 18, 2011 10:59 pm

Manas wrote:
York123 wrote: Can you (Manas) please give me the link where UKBA has announced about the salary criteria from April 2011..
York123, I am not a professional of law, so I won't be able to say whether by "Skilled Workers" UKBA also includes WP holders along with Tier2 professionals.

@York123: I think there is some confusion here -- although both WP and Tier 2 holders formally belong to "Skilled Workers" category, only the later are the part of the point-based system in question. WP holders have never had any salary criteria in the past, hence it is very unlikely to get these introduced for their extension in the future...

Manas wrote: Anyway, here's the link. Scroll down to the bottom and find the section on Settlement. Hope this helps.
http://www.ukba.homeoffice.gov.uk/sitec ... ual-limits

These are the changes planned for PBS categories only (Tier 1/2). Currently, WP holders have only two possible ways to extend their stay:
- switch to Tier 2 (i.e. for those who have been here for less than 5 years); or
- apply to settlement (5 years or more).

I have a feeling that the new government (in contrast to the previous one) tries to avoid retrospective changes. So, I hope that the above (old) rules for WP will continue to be in place. (This would be the most logical and easiest way to proceed, as there are not so many WP holders left.) Anyway, we should soon get further update from UKBA on the changes to be introduced. So, let us be patient and wait...

York123 · Post by **York123** » Wed Jan 19, 2011 9:08 am

@Manas & dimsav
Thank u so much.. My work permit expires in June, If i dont meet the criteria then I think I need to extend my Visa.

And also they have mentioned about criminality threshold, I have 6 points on my Driving Licence. If they consider it as criminal offence i need to wait till 2012 to spent the conviction.

And also they are saying " need to meet the salary criteria that applied when they last extended their permission to stay"
I dont understand what they mean by that. Does they mean my salary when i got my visa 5 yrs back?

Once again thank's for ur help.

eureka_ilr · Post by **eureka_ilr** » Wed Jan 19, 2011 7:13 pm

Are you absolutely sure that by unspent convictions they mean traffic tickets? I mean non-court fixed penalty traffic tickets given for offences like speeding etc?

Cheers
Eureka

York123 · Post by **York123** » Thu Jan 20, 2011 8:50 am

@eureka_ilr:
Tickets for speeding will not come under unspent convictions..
But traffic offences which goes to court like driving without insurance & all will come under unspent convictions. They will become spent only after 5 yrs.

thaman · Post by **thaman** » Fri Jan 21, 2011 11:16 pm

I got my hsmp in may 2006 (pre nov 2006) and my ilr is due in july 2011. however i might get driving ban in court (which is a criminal conviction for drink & drive) by march

Now new rule change in april 2011 states that you shld not have unspent conviction for ILR. I believe there would be many more hsmpians/tier 1 who are about to get ilr but this criminality threshold might be new.

Would this be an issue. Coz as per JR pre nov 2006 shld get ilr in 5 years as per rules then & rules then didnt mention ilr can't be given with unspent conviction.

any comments!

duaumesh · Post by **duaumesh** » Fri Feb 04, 2011 2:22 pm

I got my HSMP in Apr 2006 (applied in March 2006) and am eligible for ILR under HSMP JR. However my wife and kids joined me in UK only in May 2009. I was waiting for them to compete 2 years in UK and apply for ILR togather, but am not sure now how would this new rule of meeting the income criteria after last extension ( which in my case was in November 2009) will effect my case....Any idea guys??

duaumesh · Post by **duaumesh** » Fri Feb 04, 2011 2:23 pm

I got my HSMP in Apr 2006 (applied in March 2006) and am eligible for ILR under HSMP JR. However my wife and kids joined me in UK only in May 2009. I was waiting for them to compete 2 years in UK and apply for ILR togather, but am not sure now how would this new rule of meeting the income criteria after last extension ( which in my case was in November 2009) will effect my case....Any idea guys??

xyz123 · Post by **xyz123** » Fri Feb 04, 2011 4:24 pm

duaumesh wrote:I got my HSMP in Apr 2006 (applied in March 2006) and am eligible for ILR under HSMP JR. However my wife and kids joined me in UK only in May 2009. I was waiting for them to compete 2 years in UK and apply for ILR togather, but am not sure now how would this new rule of meeting the income criteria after last extension ( which in my case was in November 2009) will effect my case....Any idea guys??

i dont think they will do anything for HSMP JR holders. but that's just my opinion.

York123 · Post by **York123** » Fri Feb 04, 2011 5:41 pm

@duaumesh
On 1st Feb , immigration minister announced that they will consult about settlement rules in spring, so i dont think you need to worry about the new rules as it will take sometime to implement the new rules once they start the consultation.

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JULY 2011 ILR changing ? ?

JULY 2011 ILR changing ? ?

no

No worry

Re: No worry

Hi

Re: Hi