ILR in 2012

[eureka_ilr]

Dear All

I am expecting my ILR in Sep 2012 ? (I know its far off yet but I just want to be mentally prepared)

Please could someone (preferably seniors) have a quick look at list below.

I have/will have following :

a. P60 for the last 3 years and get 2 more in the next 2 years
b. Company accounts and personal accounts.
c. Hopefully I'll be economically active (as a Ltd CO contractor) 3 months before ILR
d. Life in the UK Test
e. Letter from accountant

Finally, I've heard that the rules may change in Apr 2011. Please could someone give a reasonable/substantiative take on that?

Please avoid unnecessary scare-mongering, as I've a feeble heart with it comes to immigration matters

cheers
Eureka

[xyz123]

Dear All

I am expecting my ILR in Sep 2012 ? (I know its far off yet but I just want to be mentally prepared)

Please could someone (preferably seniors) have a quick look at list below.

I have/will have following :

a. P60 for the last 3 years and get 2 more in the next 2 years
b. Company accounts and personal accounts.
c. Hopefully I'll be economically active (as a Ltd CO contractor) 3 months before ILR
d. Life in the UK Test
e. Letter from accountant

Finally, I've heard that the rules may change in Apr 2011. Please could someone give a reasonable/substantiative take on that?

Please avoid unnecessary scare-mongering, as I've a feeble heart with it comes to immigration matters

cheers
Eureka

there is nothing more you can do now and no one can tell you anything about the rules as no one knows what the rules will be in 6 months time, let alone 18 months time. if someone says something that is just pure speculation.

stop worrying and keep collecting as much documents as you can and then review the situation summer 2012.

[eureka_ilr]

thanks ever so much for your rply xyz123.

But even if the rules do change, by the principle of non-retrospectivity, as it happened in the case of HSMP Judicial Review in 06, can the new govt. apply new rules on us? Wouldn't it be challenged in the courts then? How different is this argument from the HSMP JR argument? Didn't UK implicitly entered into a 5 years Tier1 visa + PR + Citizenship deal with us? Can they go back on this deal and disregard the law of natural justice?

I'm trying not to worry but I was hoping for, dare I say, a slightly more rounded-view on the topic

[Casa]

As I see it, the difference is in the fact that although the coalition government have put the new Regulations (passed by the Labour government)on hold, these remain on the statute and can be implemented at any time they choose.

[eureka_ilr]

thanks for your reply Casa

So if it is implemented at a time of their choosing, it wont be bound by the principle of non-retrospectivity?

I infer from you reply that in the case of HSMP JR, it was a different matter because the govt. hadn't changed between the bill's original tabling and its amendment? Hence it could be challeged in courts??

[Backer]

eureka_ilr - Any government can change the immigration rules at any time and apply them retrospectively and specifically the new government will announce new rules - whether restrospective or not we have to wait and see:

http://www.ukba.homeoffice.gov.uk/sitec ... nt-reforms

BTW - even the Labour government, for example, increased in 2006 the number of years required for settelment (ILR) from 4 to 5 and it applied it to everyone retrospectively (i.e. on people who weren't on ILR yet)

The HSMP JR was a special case because the court was convinced that the HSMP programme originally promised eventual settlement after 4 years to newcomers and so the court decided that the the rules for them could not be implied retrospectively.

In conclusion, th reality is that you're only "safe" from retrospective rule changes only when you have ILR. Just be patient and follow UKBA announcments and this forum

[tina123]

Hello,

"In conclusion you're "safe" from rule changes only when you have ILR but not before. Just be patient and follow UKBA announcments and thsi forum"

I would like to point that HSMP Pre-nov 2006 would be able to get ILR until nov 2011. I think the new rules that are coming would not affect this group even though they might not have got ILR until nov 2006. If you look at the judicial review it is mentioned that this group would get ILR after 5 years.

Tina

[eureka_ilr]

I'm going to be patient, I promise

But while I do that, I still dont understand the difference between HSMP JR case and Tier 1 scenario.

For example, when u say : "The HSMP JR was a special case because the court was convinced that the HSMP programme originally promised eventual settlement after 4 years " I have doubts about this reasoning We were similarly and specifically asked if we want to make UK our home . And I trust that every on Tier 1 answered yes to that question.

Secondly, the link you sent reads the minister as saying "Working in Britain for a short period should not give someone the right to settle in Britain. Studying a course in Britain should not give someone the right to settle in Britain". I'd again argue that people on Tier 1 dont fall in this category because our 'reasonable expectation' when we came to UK was that we were immigrating and the same is proved through the question on Tier 1 application form.

[tina123]

Hi, my understanding is that they can move the goal post for exisiting Tier-1 immigrants apart from Hsmp pre-nov 2006. Because those who applied after nov 2006 they were aksed to sign a declaration taht says that the rule will change in the future.

Tina

[Backer]

I agree with tina123 - Pre Nov 2006 HSMPs are covered by the JR and will have 5 years for ILR. Others including Tier 1 are not covered.

[xyz123]

it is same as pre nov 2006 applicants who were on WP. Same work situation, same time line- just different visas but still 4 years for HSMP and 5 for WP holders. dont worry and dont speculate. it will be what it will be.

[York123]

Hi..
Will the new rules apply for people applying with 5 years Work Permit Visa??
@ tina123 : since u r saying people who r eligible for PR before 2011 Nov can get PR with present rules, will it be applicable for people on Work Permit visa from 5 years??

[tina123]

Hello,
I am not sure about work permit visa holders. Technically if HSMP pre-nov 2006 were able to get ILR in 5 years then WP holders should. Can seniors comment !

[Backer]

No Tina123 - HSPM is one immigration cateory and Work permit is another one. The JR covered HSMPs only so if they change the ILR rules by Nov 2011 HSMPs are probably safe from change due to the JR

However, this discussion is a bit pointless as no one knows yet what is the nature of the upcoming new rules - we all have to wait and see . . .

[York123]

@Backer:
But it is clearly mentioned in the UKBA website that they r going to change the ILR rules from 2011 April.
@ tina 123 : What do u mean by "Move the Goal Post" ???

Will the new rules be implemented by April 2011 or will they announce the rules in April??

And will they have consultation period on this ???

[tina123]

Hi,
york123 move the goal post in the sense increase the ILR from 5 years to 6 or more years..... who knows....
Hoping atlease the HSMP prenov 2006 would be saved by JR.

Tina

[Backer]

York123 - I believe you're confusing between the rules you noted which are going to be implemented in April 2011 (which we know about) and a potentially more significant revision which is probably going to happen later.

The new government had pledged to bring the level of (non EU) immigration (i.e. settlment) down to "tens of thousands a year" and presumably bring forward proposals to do so in due course. It abolished Labour's "earned citizenship" which should have been implemented in July 2011 but I suspect it will introduce an even tougher regim for settlement.

However, we have to wait and see. I'm speculating just like anyone else . . .

[Manas]

The new government had pledged to bring the level of (non EU) immigration (i.e. settlment) down to "tens of thousands a year" and presumably bring forward proposals to do so in due course. It abolished Labour's "earned citizenship" which should have been implemented in July 2011 but I suspect it will introduce an even tougher regim for settlement.

However, we have to wait and see. I'm speculating just like anyone else . . .

Yeah, indeed, what else can we do apart from speculating!!
However, the concern for me (and so many others in this community already residing in the UK and are expecting settlement in the near future) is that, the radical settlement reforms that this government is planning to cut down the net immigration levels to the so-called “tens of thousandsâ€

[Backer]

Your concern is shared by many. The new reforms may also effect not just economic migrants but spouses, family memebers etc.
Rememer though that if we had been left with a Labour government the rules would have changed by July 2011 and basically the ILR status would not have been attainable after 5 years of residence.

Although the new government will probably introduce tougher rules it will take them time and I personally speculate they won't come into effect before July 2011 so those waiting to apply for ILR in the coming months or even more might ironically "benefit" from the change of government . . .

[York123]

@Backer :
Thanks for giving some hope for people who are desperately waiting to get PR in coming months.
But they have said the people who are applying from 2011 April they need to clear all unspent convictions & also meet the salary criteria.
As you said if they dont implement those rules before July 2011 then i will be safe as i'm due to apply in May.
My only problem is my traffic offence which went to court & it is a unspent conviction.
Hope everyting goes well & everyone gets PR without any problem.

[Manas]

Although the new government will probably introduce tougher rules it will take them time and I personally speculate they won't come into effect before July 2011 so those waiting to apply for ILR in the coming months or even more might ironically "benefit" from the change of government . . .

Is it any standard practice to introduce changes in Immigration rules from April? Last time also, new rules for ILR came into effect from April 2006. Even now, the Annual Limit on Non-EU Economic Migrants would come into effect from April, although the consultation was over by November 2010.
So, hoping against all hopes, if new rules regarding minimum length of stay in UK required to attain ILR (i.e. increased to 6 yrs or more) are not introduced by April 2011, then any such changes, if at all comes, would not come before April 2012. We can live only with hopes!! I am due for ILR in October 2011!![/u]

[jager]

There is an EU directive that non-EU citizens must be granted permanent residency after 5 years. Unfortunately the UK, Ireland and Denmark opted out.

http://europa.eu/legislation_summaries/ ... 034_en.htm

There are plenty of other routes they could turn their attention to (Tiers 4 and 5, family reunion etc). Perhaps we'll get lucky and they'll look at those before attacking ILR.

[Backer]

Manas - Labour's "path to citizenship" was supposed to be introduced in July 2011 so that should answer your question

[sunny1407]

Hi I have been having sleepless nights for few days now, I got my last extension under pre Nov2006 HSMP JR conditions and qualify for ILR in Nov11.
I am earning only at around 16k and till now believed will have to only meet the "economic activity" criteria as under JR

Now if the minimum salary rule comes into effect from April 11 then not sure where I will stand as even considering the new rule I will have to meet the criteria which was required in last extension. Well there was no min salary criteria for my last extension technically but Tier 1 Visa was given as a transitional arrangement.

So confused as if this change is going to affect me or not?

[Manas]

Manas - Labour's "path to citizenship" was supposed to be introduced in July 2011 so that should answer your question

Backer, Yes, I got what you mean!! However, The Borders, Citizenship and Immigration Act received Royal Assent on 21 July 2009 and was proposed to be implemented 2 years after. Again, hoping against hope with fingers crossed!! Otherwise, a further extension of TI(G) Visa (if that too is allowed on/after 6th April 2011!!) would be the only option left for people like me!!