Stay with Work permit or Switch to Tier 1?

[Grace77]

Dear forum members.

I was wondering if you can help me put some sense to my dilemma. I am currently on a 5yr work permit and set to apply for ILR in end of August 2011. The current proposed changes for settlement in April don’t really affect me and I should be able to apply for ILR without a problem. However I'm very worried the govt will change the ILR time to more than 5 years during this time (april – Aug 2011)

I realised I am eligible for tier 1 and satisfy the points criteria. Do you think it’s a safe option to apply for the tier1 visa now? So I have a double guarantee. Also there will be transitional arrangements for tier1 in the future.

I have 4 dependents and if I switch now, I'll be paying a mammoth application fee for a mere 5 months if the ILR rules don’t change. Every penny counts in this tight economy. Having said that its better to be safe than sorry.

What is a good bet here? What would you do if you were in my situation?

Thank you very much for everyone who posts a reply.

Grace.

[lanr3e]

Dear forum members.

I was wondering if you can help me put some sense to my dilemma. I am currently on a 5yr work permit and set to apply for ILR in end of August 2011. The current proposed changes for settlement in April don’t really affect me and I should be able to apply for ILR without a problem. However I'm very worried the govt will change the ILR time to more than 5 years during this time (april – Aug 2011)

I realised I am eligible for tier 1 and satisfy the points criteria. Do you think it’s a safe option to apply for the tier1 visa now? So I have a double guarantee. Also there will be transitional arrangements for tier1 in the future.

I have 4 dependents and if I switch now, I'll be paying a mammoth application fee for a mere 5 months if the ILR rules don’t change. Every penny counts in this tight economy. Having said that its better to be safe than sorry.

What is a good bet here? What would you do if you were in my situation?

Thank you very much for everyone who posts a reply.

Grace.

It's unlikely that there will be any further changes to the rules on settlement between April and Aug. In the event that further changes are made, it is likely to affect all categories of economic migrants...Switching may not make any difference..

[goldfish]

In the event that further changes are made, it is likely to affect all categories of economic migrants...

Maybe, or maybe not. A few years ago when ILR was changed to 5 years instead of 4, the changes ended up in court. The results were that those holding HSMP visas issued before a specified date could still get ILR after 4 years. Those with Work Permits valid for the same dates could not and required 5 years. The point here is not the specifics of the individual decisions but that principles do not always apply in the same way to different types of visa.

If you transfer to Tier 1 it will cost some money but it puts you in a stronger position: you aren't dependent on your company and there may be more avenues to extend/settle on Tier 1 than on WP. (Of course, nothing is definite.) If you don't transfer to Tier 1, the door closes permanently. Some questions to consider: what happens if you lose your job in May? What happens if changes are made to the rules so that WP holders are not eligible for settlement at all? (Maybe the same would be applied to Tier 1, maybe not.) Only you can balance the probability and impact of these events with the cost of Tier 1.

[geriatrix]

However I'm very worried the govt will change the ILR time to more than 5 years during this time (april – Aug 2011)

IMHO, you are worrying without a valid reason! But if you wish to, you may switch to Tier 1 (General).

Can anyone tell you if the above statement has any basis? No.
Assuming your suspicion has any basis (which isn't the case), will the qualifying period only increase (from 5 to 6 years) for WP migrants .... and not for Tier 1 / Tier 2 migrants? No one can tell for sure.

Relax!


regards

[Manas]

However I'm very worried the govt will change the ILR time to more than 5 years during this time (april – Aug 2011)

IMHO, you are worrying without a valid reason! But if you wish to, you may switch to Tier 1 (General).

Can anyone tell you if the above statement has any basis? No.
Assuming your suspicion has any basis (which isn't the case), will the qualifying period only increase (from 5 to 6 years) for WP migrants .... and not for Tier 1 / Tier 2 migrants? No one can tell for sure.

Relax!


regards

Yes, I am fully with sushdmehta - there's no end to speculations.
Having said that, let me too indulge a bit into it!!
As hinted in the statement of intent, later this year the govt. would go for a consultation on other settlement reforms. If what Grace77 is doubting, that too would then (if at all considered by the govt!!) be a point of discussion in the proposed consultation. Now, by the time that
consultation ends and the govt. decides to jack up the qualifying years for ILR, my hunch feeling is that Grace77 would have been through the process of ILR!!
Well. for that matter, my ILR is due in October 2011, but there is no point in thinking too much and reading between the lines!!
Ending by echoing sushdmehta - "Relax, Bindaas!!"

[bani]

Only reason to switch is if you are in any danger of losing your job before Aug 2011. You may stay in the UK on Tier 1 but with Tier 2 you have to leave or get sponsored for another job very quickly.

But the previous advantage that HSMP had over the Work Permit (thanks to the wording of one section of the pre-2006 HSMP guidance notes which the gov't tried to weasel out of and not honor – leading to a lawsuit) is now gone. You are as secure having Tier 2 as Tier 1 this close to ILR.

Besides, with Tier 1 General closing down in April, I would not want to join the queue of Tier 1 applications. You might not get approval until August so it would be pointless.