Settlement requirements for PBS migrants from April 2011

[sunny1407]

We will reform the current criminality threshold for settlement to bring it more in line with that for citizenship (naturalisation) applicants. All migrants (except refugees) will need to be free of unspent convictions when applying for settlement. Those who are not, and have no other legitimate basis of stay here, will be expected to leave the UK.

This is not practical and totally unfair to migrants who are within months of qualifying for settlement after April 2011. They should have given at least 6 - 12 months TA for migrants who are within months to qualify.

You just don't destroy people lives this way! Where do they expect them to go to within a short period after many years in this country?

To make the matter worse, refugees are exempted from this new rule. This country is a JOKE!!

Why did i come to this country? Why??

TELL ME ABOUT IT!

I am so annoyed at the moment,
I fall under the JR and that was the same reason ppl went to court at that time, u just cant move the goal post right at the end!!
It says clearly in the JR policy document that ppl should be given ILR under the original terms and the then opposition party member Damian Green agreed with HSMP forum and look what a kick in the balls now!!

Shameful I reckon there will be court cases again or ppl should express their concerns to their MPs as the law is still open to parliament scrutiny.

I'm ready and fully in support of a challenge to this in a court of law. There is no fairness in the statement of intent at all!!

How can a migrant who has contributed economically to the UK economy through studying or working be refused settlement because of a traffic offence after 5 or 10 years of stay in this country,and a refugee who got a custodial sentence be granted settlement after 5 years?

Where is the fairness that Britain has been known for? This rule should be thrown into the bin, because it is not balance. We should all challenge this rule and fight it out!

This can be another U turn for government like their forest plans if and only if people show their discontent as the english people showed against the selling of forests.

I think a standard letter should be drafted by some experienced member and all affected people (T1, HSMP, T2 etc) should sent the letter to their local MPs and some other measures for our voices be heard!

[milan_ns]

HI All,,

iam on workpermit (not on tier 2) and will be applying for ILR in july.what is the salary requirment for me when i apply for ILR is it the same salary when i applied for workpermit i.e salary in workpermit approval letter..please let me know..


And also i read Damian Greene telling that the rules will be applied for new entries not to the people who are already in UK...so that means we will be under old ILR rules...?

I would imagine WP holders would have to satisfy minmum salary requirement as outlined in COS in order to be granted ILR.

Just find your job title in the list and you'll find out the minimum salary required (it may be different from the salary outlined in your work permit).

[salina02]

I got HSMP in June 2006 and planning to apply ILR in may 2011.

Please can someone confirm that the pre nov 2006 HSMP applicants has to meet this criteria or NOT.

Regards

Can someone please reply on the above topic.

[sys_sagar]

What about migrants who were granted HSMP based on application filed between april & nov 2006. For example, i was approved HSMP (scored 65 points) in oct 2006.

DO i again need to score points ?

please advise

thanks

[sys_sagar]

[quote="sys_sagar"]What about migrants who were granted HSMP based on application filed between april & nov 2006. For example, i was approved HSMP (scored 65 points) in oct 2006.

DO i again need to score points ?

please advise

thanks[/quote]

i forgot to mention that i was granted leave to remain in UK as Tier 1(G) in 2009 and was reviewed under JR policy. i will be eligible to apply for ILR in feb 2012

[salina02]

Income requirement
We will introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement. Although granted leave to enter or remain with the intention that they should undertake skilled or highly skilled work, these groups currently are not required to demonstrate this at the settlement stage. An income requirement will help ensure that these migrants have continued
to work in skilled or highly skilled occupations by confirming their income is at least the level stipulated when they were last granted leave.
From April, we intend to apply the same income criteria for settlement as we do when an applicant applies for further leave to remain. We will clearly set out these requirements in the forthcoming Statement of Changes to the Immigration Rules and in guidance, however, in general terms:
• Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;
• Tier 2 (General) and Work Permit migrants will need to be paid the appropriate salary for the occupation as set out in the relevant Code of Practice for sponsored skilled workers.

I am not getting which category they are talking about for the above bold letters.

[surajban]

Hi Sushdmehta,

First of all i would like to thank you for your contribution to this forum, This forum has given a lot of help to all of us , I hope most of them agree.

Now at the final stage of getting an ILR, we are facing these new rules which is no good for someone who is appling in about 2 to 3 months, You mentioned that this will not be applicable to HSMP JR (settlement), Do this apply only for those who got HSMP pre Apr 2006 OR pre Nov 2006 .

Please your quick reply will be apprciated.

Regards

[salina02]

Few Points which clearly make sense that those who got HSMP without point based system which is pre nov 2006 will not applicable for this changes.
INDEFINITE LEAVE TO REMAIN (SETTLEMENT)

On the 23 November 2010, the Home Secretary set out the Government’s intention to restrict settlement and to end the link between temporary migration for work or study and staying in the UK permanently. As a first step towards achieving these objectives, there will be some preliminary tightening of the settlement rules from April 2011 which will affect those submitting applications for settlement on or after 6 April.

We will consult later in the year on further settlement reforms. However, those making applications for leave to enter or who are already in the UK and apply to switch into an alternative route on or after 6 April 2011 should be aware that the opportunity to apply for settlement and the requirements for applicants may change. Applicants will need to meet the rules in place at the time of their application for settlement.

CHANGES TO THE SETTLEMENT RULES FROM APRIL 2011
Rules and guidance changes effective from April 2011 will:
• introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement;
• amend the Knowledge of Language and Life in the UK requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders; and
• clarify the criminality test applied to all applicants for settlement.

Income requirement
We will introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement. Although granted leave to enter or remain with the intention that they should undertake skilled or highly skilled work, these groups currently are not required to demonstrate this at the settlement stage. An income requirement will help ensure that these migrants have continued
to work in skilled or highly skilled occupations by confirming their income is at least the level stipulated when they were last granted leave.
From April, we intend to apply the same income criteria for settlement as we do when an applicant applies for further leave to remain. We will clearly set out these requirements in the forthcoming Statement of Changes to the Immigration Rules and in guidance, however, in general terms:
• Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;
• Tier 2 (General) and Work Permit migrants will need to be paid the appropriate salary for the occupation as set out in the relevant Code of Practice for sponsored skilled workers.

Please put forward your comments.

[Son_of_Soil]

Hi All
I am not sure why the senior members of this forum keeping quite about how these new rule will affect the pre nov 2006 applicant.If you scroll through the pages, there is no information for them.Please please i request teh senior members to advise people like me who fall in pre nov 2006 catagory.
Thanks a lot.

[sys_sagar]

Income requirement
We will introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement. Although granted leave to enter or remain with the intention that they should undertake skilled or highly skilled work, these groups currently are not required to demonstrate this at the settlement stage. An income requirement will help ensure that these migrants have continued
to work in skilled or highly skilled occupations by confirming their income is at least the level stipulated when they were last granted leave.
From April, we intend to apply the same income criteria for settlement as we do when an applicant applies for further leave to remain. We will clearly set out these requirements in the forthcoming Statement of Changes to the Immigration Rules and in guidance, however, in general terms:
[u][b]• Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the Immigration Rules; [/b][/u]• Tier 2 (General) and Work Permit migrants will need to be paid the appropriate salary for the occupation as set out in the relevant Code of Practice for sponsored skilled workers.


As seen above, I m talking about scoring criteria. Do i need to meet scoring. Do i need to score 65 points again?

[salina02]

Guys as i am also in the same criteria, and i think seniors are not sure how the new rules impact on pre nov 2006 thats why there are not commenting, but in the meantime we can try to get something positive out from the new rules for us.

Which are:

1) From April, we intend to apply the same income criteria for settlement as we do when an applicant applies for further leave to remain.

We dont have any income criteria on further leave to remain so i think we are safe from this point.

2) Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;

Its the last application (which we got it without point based system), its not the first application where we scored 65 points

I hope these helps a bit.

[sys_sagar]

2) Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;

Its the last application (which we got it without point based system), its not the first application where we scored 65 points


DOES it mean that migrants who came on basis of pre-nov 2006 application are safe regarding scording also ? Reason is that in last application to remain in UK was under JR policy. So, we dont need to score points when applying for ILR .Is that correct?

[salina02]

2) Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;

Its the last application (which we got it without point based system), its not the first application where we scored 65 points


DOES it mean that migrants who came on basis of pre-nov 2006 application are safe regarding scording also ? Reason is that in last application to remain in UK was under JR policy. So, we dont need to score points when applying for ILR .Is that correct?

Thats seems to be a look alike, but still we have to wait and watch until they put out the new application forms for settlement.

[rajivilr]

Hi All,

It really sinks my heart, I have been in this country now for 8 years and I am due to apply for my ILR on around 8th of april and if these rules come in effect from 6th i will be devastated. I am presently on work permit which expires exactly on 10th of may so taking 28 days before I can apply on around 8th of april and not a day before that, I just wanted to know if anyone has any idea of the salary that they might ask us to show, I am presently on about 38k and my workpermit 5 years back stated 23k on it. I am sure I dont have any criminal convictions and have worked with the same emplyer since last 7 years.

Raj

[mac456]

We will reform the current criminality threshold for settlement to bring it more in line with that for citizenship (naturalisation) applicants. All migrants (except refugees) will need to be free of unspent convictions when applying for settlement. Those who are not, and have no other legitimate basis of stay here, will be expected to leave the UK.

This is not practical and totally unfair to migrants who are within months of qualifying for settlement after April 2011. They should have given at least 6 - 12 months TA for migrants who are within months to qualify.

You just don't destroy people lives this way! Where do they expect them to go to within a short period after many years in this country?

To make the matter worse, refugees are exempted from this new rule. This country is a JOKE!!

Why did i come to this country? Why??

TELL ME ABOUT IT!

I am so annoyed at the moment,
I fall under the JR and that was the same reason ppl went to court at that time, u just cant move the goal post right at the end!!
It says clearly in the JR policy document that ppl should be given ILR under the original terms and the then opposition party member Damian Green agreed with HSMP forum and look what a kick in the balls now!!

Shameful I reckon there will be court cases again or ppl should express their concerns to their MPs as the law is still open to parliament scrutiny.

If you read JR for settlement, you can see that convictions rules are not affected by JR.

Read the policy document from:
http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy

go to last page and read following paragraph:

-----------------
General Grounds for Refusal
28. Where the migrant falls for refusal under the General Grounds for Refusal in paragraphs 320-322 of the Immigration Rules, we will refuse their application even if it otherwise qualifies under the terms of this policy. This might happen, for example, if they have broken United Kingdom immigration law or have a criminal conviction.
-----------------

the general grounds of refusal is part of immigration law and controls the conviction cases, I think by writing the above para in JR policy document HO has kept the control in their hands for this.

All HO have to do is add a new line somewhere between para 320-322 of rules; saying that 'ILR applicants should be clear of unspent convictions' and thats it.

Anyhow just wanted to bring the facts out and share the info with you; my understanding of above para might be wrong.

Also what do you think of last line in statement-of-intent (the criminality test para):

"All migrants (except refugees) will need to be free of unspent convictions when applying for settlement. Those who are not, and have no other legitimate basis of stay here, will be expected to leave the UK"

would further extension be legitimate basis ?
does this means that extension will be allowed or not ?

[sunny1407]

2) Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;

Its the last application (which we got it without point based system), its not the first application where we scored 65 points


DOES it mean that migrants who came on basis of pre-nov 2006 application are safe regarding scording also ? Reason is that in last application to remain in UK was under JR policy. So, we dont need to score points when applying for ILR .Is that correct?

That is right, there is no confusion there, the 65 points requirement was the initial requirement of HSMP which has got nothing to do with this rule.

The last extension was based on "economic activity" and the whole argument for JR was based on this as HO clearly mentioned that further leave to remain and ILR was to be granted on "economic activity" basis and there was no mention of "agreement to future changes in rules" which the court upheld and advised HO to honor the original rules for people affected.

The Tier 1 switch for pre Nov06 HSMP was just a transitional arrangement and the "economic activity" rule was applicable in that transition. So even if the new rules apply the last extension criteria was again on the basis of "economic activity" and hence no min salary criteria should apply.

Saying that the new rule should not apply to pre nov06 ppl anyway as the JR policy document clearly states that ILR is to be granted to affected ppl after 5 years of "economic activity" as originally promised.

Lets c what happens but that is my understanding and hope it is the case.

[eager2learn]

how can they apply rules on the fly just to stop us from getting ILR?

current recession and socio economic situation meant lot of qualfied lost their jobs . some have got new jobs after few months often with lesser salary. clearly this has effected their ability to fulfil the salary criteria.

how can the govt implement laws one after another mercilessly just to stop us getting settled in this country without ever being challenged? they cant apply any laws of EU migrant influx and are merely cracking on skilled people who are living here lawfully , paying all taxes (and actually feeding their millions of benefit thieves and unskilled local people)!!

[salina02]

how can they apply rules on the fly just to stop us from getting ILR?

current recession and socio economic situation meant lot of qualfied lost their jobs . some have got new jobs after few months often with lesser salary. clearly this has effected their ability to fulfil the salary criteria.

how can the govt implement laws one after another mercilessly just to stop us getting settled in this country without ever being challenged? they cant apply any laws of EU migrant influx and are merely cracking on skilled people who are living here lawfully , paying all taxes (and actually feeding their millions of benefit thieves and unskilled local people)!!

Thats true, I dont understand one thing they know the market behaving badly with respect to jobs recent survey suggests 1 out of 5 is out of work, and they keep on putting the new rules with respect to highly skilled jobs and higher salaries.

Seriously either they dont look at the market or they dont like us to be here.

[salina02]

2) Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;

Its the last application (which we got it without point based system), its not the first application where we scored 65 points


DOES it mean that migrants who came on basis of pre-nov 2006 application are safe regarding scording also ? Reason is that in last application to remain in UK was under JR policy. So, we dont need to score points when applying for ILR .Is that correct?

That is right, there is no confusion there, the 65 points requirement was the initial requirement of HSMP which has got nothing to do with this rule.

The last extension was based on "economic activity" and the whole argument for JR was based on this as HO clearly mentioned that further leave to remain and ILR was to be granted on "economic activity" basis and there was no mention of "agreement to future changes in rules" which the court upheld and advised HO to honor the original rules for people affected.

The Tier 1 switch for pre Nov06 HSMP was just a transitional arrangement and the "economic activity" rule was applicable in that transition. So even if the new rules apply the last extension criteria was again on the basis of "economic activity" and hence no min salary criteria should apply.

Saying that the new rule should not apply to pre nov06 ppl anyway as the JR policy document clearly states that ILR is to be granted to affected ppl after 5 years of "economic activity" as originally promised.

Lets c what happens but that is my understanding and hope it is the case.

I think they already mentioned that (its for applicants after nov 2006) but we are not getting it.

[blay1]

Hi All
I know this new laws are not really out yet but i am applying for IND in June.Can anyone tell me if 3pt on my licence for driving 38mph on a 30 speed limit zone is a minor or major offence

[rajivilr]

Hi Mate,

I am not sure but this is what i found in regards to points on licences from the same website here

http://www.immigrationboards.com/viewto ... d24415204d


May be this helps you.

Raj

[dewales001]

Hi All
I know this new laws are not really out yet but i am applying for IND in June.Can anyone tell me if 3pt on my licence for driving 38mph on a 30 speed limit zone is a minor or major offence

If you got the 3pt from the police without going to court, I guess you are fine. But if the points was given by a court of law, I'm afraid that is a criminal offence.

Hope that helps.

[jinkazama_11]

how can they apply rules on the fly just to stop us from getting ILR?

current recession and socio economic situation meant lot of qualfied lost their jobs . some have got new jobs after few months often with lesser salary. clearly this has effected their ability to fulfil the salary criteria.

how can the govt implement laws one after another mercilessly just to stop us getting settled in this country without ever being challenged? they cant apply any laws of EU migrant influx and are merely cracking on skilled people who are living here lawfully , paying all taxes (and actually feeding their millions of benefit thieves and unskilled local people)!!

Strongly agree with you. we (Tier 1, 2 migrants) are working hard, paying taxes, don't claim any benefits and contributing a lot to the economy. in return we are the ones who have to go through new rules after every few months. this is mental torture and is ridiculous. according to new rules refugees are except from new criminal conviction rules. thats absolutely outrageous.
"All migrants (except refugees) will need to be free of unspent convictions when applying for settlement. Those who are not, and have no other legitimate basis of stay here, will be expected to leave the UK"
I have made a huge mistake coming to this country. should have selected Australia/Canada.

[blay1]

Hi All
I know this new laws are not really out yet but i am applying for IND in June.Can anyone tell me if 3pt on my licence for driving 38mph on a 30 speed limit zone is a minor or major offence

If you got the 3pt from the police without going to court, I guess you are fine. But if the points was given by a court of law, I'm afraid that is a criminal offence.

Hope that helps.

I have recently done an Enhanced CRB check and nothing came on it under police convictions.So i am beginning to think i should be fine.There again does CRB check tells you everything about all convictions?

[dewales001]

Hi All
I know this new laws are not really out yet but i am applying for IND in June.Can anyone tell me if 3pt on my licence for driving 38mph on a 30 speed limit zone is a minor or major offence

If you got the 3pt from the police without going to court, I guess you are fine. But if the points was given by a court of law, I'm afraid that is a criminal offence.

Hope that helps.

I have recently done an Enhanced CRB check and nothing came on it under police convictions.So i am beginning to think i should be fine.There again does CRB check tells you everything about all convictions?

As I said earlier, if the points were given by a court of law, it's a criminal offence. Otherwise you are good!!
Also, I don't think CRB check tells you about traffic offences. Not very sure about this fact. If I'm wrong can the seniors/Mods on this forum correct me.