Settlement requirements for PBS migrants from April 2011

[tall_funky]

So what is the job for the above organization?I think they were formed to stand in for the immigrants.

I don't know about their job profile!

I have not seen a single press release defending us or speaking out against the fee rise.
Even at the time of HSMP guys, these organisation's were there but nobody helped them, they had to help themselves.

[bonvivz]

From the link:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 11 says:
--
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;
--

Now the Appendix A (from link http://www.ukba.homeoffice.gov.uk/polic ... appendixa/)

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

All other applications for leave to remain ( I assume Tier2/rest)
Qualification Points
Bachelor's degree 30
Master's degree 35
PhD 45

--

Now does this mean, anyone who applied for extensions after 31st March 2009, will need to have Master's degree? my Extension was granted on Bachelors Degree as I was an in country applicant and rule for Master's Degree was for new applicants.

Thoughts please?

Regards,

bon

[bonvivz]

Also, check out the points calculator now, if you are extending your visa application under Tier 1 (General) category and if you put any date after 31st March 2009 as your your last successful Tier 1 (General) application with Bachelors Degree (4 - 5 years of duration) gives you 0 points.

[rohitys]

Also, check out the points calculator now, if you are extending your visa application under Tier 1 (General) category and if you put any date after 31st March 2009 as your your last successful Tier 1 (General) application with Bachelors Degree (4 - 5 years of duration) gives you 0 points.

nope not true, i checked and got 30 points for bachelors degree

[bonvivz]

rohit,

I've tried number of times, I came on HSMP post December 2006 and switched to Tier 1 during extension in June 2009, I get only two options in Qualification section, either Master's Degree or PhD.

I tried again couple of mins ago, still the same.

Regards,

bon

[Manas]

Also, check out the points calculator now, if you are extending your visa application under Tier 1 (General) category and if you put any date after 31st March 2009 as your your last successful Tier 1 (General) application with Bachelors Degree (4 - 5 years of duration) gives you 0 points.

The date of first successful application is not the date of visa stamping of intiial application, but the date on which that successful application was made (which is the date of receipt of application by HO through post or courier or in person). This is clearly mentioned either in the T1G policy guidelines or in the UKBA site.

[rajivilr]

Hi All,

I was just wondering why you are discussing HSMP on ILR thread, or am I worng. Please correct me as i am following this thread since some time and I dont know that all of a sudden how this Bachelors and Masters degrees came in here.

Would request you to please correct me if i am wrong.

Raj

[bonvivz]

Also, check out the points calculator now, if you are extending your visa application under Tier 1 (General) category and if you put any date after 31st March 2009 as your your last successful Tier 1 (General) application with Bachelors Degree (4 - 5 years of duration) gives you 0 points.

The date of first successful application is not the date of visa stamping of intiial application, but the date on which that successful application was made (which is the date of receipt of application by HO through post or courier or in person). This is clearly mentioned either in the T1G policy guidelines or in the UKBA site.

Manas,

Tier 1came into play in 2008, I was on HSMP( post December 2006) visa. So essentially, when I applied for a extension in June 2009 , it was a switch from HSMP to Tier 1 General. So my initial successful application for Tier 1 will be june 2009. Also when you select "Extending under Tier 1 General" It does not allow you to select any date prior to 2008.

[bonvivz]

Hi All,

I was just wondering why you are discussing HSMP on ILR thread, or am I worng. Please correct me as i am following this thread since some time and I dont know that all of a sudden how this Bachelors and Masters degrees came in here.

Would request you to please correct me if i am wrong.

Raj

Raj,

Read my earlier post, the rules for settlement(ILR) are changing and the ILR is issued based on critiria listed in Appendix A in Immigration Rules.

[rajivilr]

So would this mean if my salary is not equivalent to what they have mentioned my ILR will/may be refused. I am not sure about this as I got my WP in 2006 when nothing of this sort was there.

[nmehta]

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

Can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, whereby my visa states the visa is from 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my current points against the same criteria as applicable Tier 1, will they consider my Bachelors degree as it will hold true if they assess against my date of application (which is before 31st March) but will fail if they consider it against the date when Tier 1 was granted.

Thanks

[emini34]

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

Can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, whereby my visa states the visa is from 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my current points against the same criteria as applicable Tier 1, will they consider my Bachelors degree as it will hold true if they assess against my date of application (which is before 31st March) but will fail if they consider it against the date when Tier 1 was granted.

Thanks

I think many people are getting these new changes to settlement wrong. Although no one is sure of the detail but what I know from the statement of intent is that the changes will be income requirement, English language and criminality check.

The major one out of the three is income requirement. I don’t think the changes will have anything to do with degree (BSc etc). It is as simple as you will need to show the level of income you showed last time you got extension to your visa.

[Son_of_Soil]

Hi
If it that's simple could you plz tell me what this statement of intent means for old HSMPians! When I got my tier 1 extension in nov 2008, my application was dealt with original HSPM rules of 65 points! I didn't have to show any salary for extension !
Regards

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

Can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, whereby my visa states the visa is from 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my current points against the same criteria as applicable Tier 1, will they consider my Bachelors degree as it will hold true if they assess against my date of application (which is before 31st March) but will fail if they consider it against the date when Tier 1 was granted.

Thanks

I think many people are getting these new changes to settlement wrong. Although no one is sure of the detail but what I know from the statement of intent is that the changes will be income requirement, English language and criminality check.

The major one out of the three is income requirement. I don’t think the changes will have anything to do with degree (BSc etc). It is as simple as you will need to show the level of income you showed last time you got extension to your visa.

[bonvivz]

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

Can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, whereby my visa states the visa is from 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my current points against the same criteria as applicable Tier 1, will they consider my Bachelors degree as it will hold true if they assess against my date of application (which is before 31st March) but will fail if they consider it against the date when Tier 1 was granted.

Thanks

Nmehta,

What is the date on the letter issued to you along with your EC during your extension?

[emini34]

When did you get your first hsmp visa? i mean the one you said was on original HSPM rules of 65 points. cheers

[quote="Son_of_Soil"]Hi
If it that's simple could you plz tell me what this statement of intent means for old HSMPians! When I got my tier 1 extension in nov 2008, my application was dealt with original HSPM rules of 65 points! I didn't have to show any salary for extension !
Regards

[nmehta]

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

Can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, whereby my visa states the visa is from 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my current points against the same criteria as applicable Tier 1, will they consider my Bachelors degree as it will hold true if they assess against my date of application (which is before 31st March) but will fail if they consider it against the date when Tier 1 was granted.

Thanks

Nmehta,

What is the date on the letter issued to you along with your EC during your extension?

bonvivz,

The date on the letter that was issued by UKBA confirming my successfull Tier 1 application is the same date when Tier 1 was stamped i.e. 17 April 2009.

[bonvivz]

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

Can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, whereby my visa states the visa is from 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my current points against the same criteria as applicable Tier 1, will they consider my Bachelors degree as it will hold true if they assess against my date of application (which is before 31st March) but will fail if they consider it against the date when Tier 1 was granted.

Thanks

Nmehta,

What is the date on the letter issued to you along with your EC during your extension?

bonvivz,

The date on the letter that was issued by UKBA confirming my successfull Tier 1 application is the same date when Tier 1 was stamped i.e. 17 April 2009.

Guess we would have to wait till April 6th to have complete clarity on this.

There are so many ambiguities:

1. BBC: http://www.bbc.co.uk/news/uk-politics-12471060

"He added that the new rules will only apply to new applicants and not to those already in the UK, although those wanting to settle in the UK would have to be clear of any criminal convictions."

2. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 11 says:
--
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;
--

Now the Appendix A (from link http://www.ukba.homeoffice.gov.uk/polic ... appendixa/)

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

All other applications for leave to remain ( I assume Tier2/rest)
Qualification Points
Bachelor's degree 30
Master's degree 35
PhD 45

--
3. Immigration Rules Apendix A:


Paragraph 7 is quite confusing and 7A is deleted:

--
7. If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant's last successful application for leave or for a Highly Skilled Migrant Programme Approval Letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too.

7A. Paragraph deleted.
--

can anyone decipher the above?

[nmehta]

Can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, whereby my visa states the visa is from 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my current points against the same criteria as applicable Tier 1, will they consider my Bachelors degree as it will hold true if they assess against my date of application (which is before 31st March) but will fail if they consider it against the date when Tier 1 was granted.

Thanks

Nmehta,

What is the date on the letter issued to you along with your EC during your extension?

bonvivz,

The date on the letter that was issued by UKBA confirming my successfull Tier 1 application is the same date when Tier 1 was stamped i.e. 17 April 2009.

Guess we would have to wait till April 6th to have complete clarity on this.

There are so many ambiguities:

1. BBC: http://www.bbc.co.uk/news/uk-politics-12471060

"He added that the new rules will only apply to new applicants and not to those already in the UK, although those wanting to settle in the UK would have to be clear of any criminal convictions."

2. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 11 says:
--
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;
--

Now the Appendix A (from link http://www.ukba.homeoffice.gov.uk/polic ... appendixa/)

Table 1 says:
--
Applications for leave to remain where the applicant has, or last had, leave as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010
Qualification Points
Master's degree 35
PhD 50

-> Note there is no mention of Bachelors Degree

All other applications for leave to remain ( I assume Tier2/rest)
Qualification Points
Bachelor's degree 30
Master's degree 35
PhD 45

--
3. Immigration Rules Apendix A:


Paragraph 7 is quite confusing and 7A is deleted:

--
7. If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant's last successful application for leave or for a Highly Skilled Migrant Programme Approval Letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too.

7A. Paragraph deleted.
--

can anyone decipher the above?

Phew... that is also the summary of what's going in my mind.

I picked up a note from "Manas" few posts back:

The date of first successful application is not the date of visa stamping of intiial application, but the date on which that successful application was made (which is the date of receipt of application by HO through post or courier or in person). This is clearly mentioned either in the T1G policy guidelines or in the UKBA site.

Can we find any official written evidence of the above which, as far as I understand, mean that review will be done against the date when the applications were made to UKBA and not against the date when visa were granted?

Although I may sound biased, this probably makes sense as I was granted Tier 1 based on rules existing on the date of application and not based on the date of granting visa.

[York123]

@rajivilr:
Why r u worried about your ILR. Everything will be fine with your case because your salary has increased since u got your work permit.
Noone can reject your ILR.
If u earn less than what u have showed during ur last extension then it will be a problem.
Dont worry, u will not be affected by these new rules.

[Son_of_Soil]

i got my 1st HSMP before 7th nov 2006 for two years n then tier 1 for three years ,till nov 2011.
thanks

When did you get your first hsmp visa? i mean the one you said was on original HSPM rules of 65 points. cheers

Hi
If it that's simple could you plz tell me what this statement of intent means for old HSMPians! When I got my tier 1 extension in nov 2008, my application was dealt with original HSPM rules of 65 points! I didn't have to show any salary for extension !
Regards

[musaratnasreen]

I have the same understanding for pre November cases. Further evidence is extension i.e FLR forms on this link
http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/


It still requires economic activity only for extension. So for pre November JR cases extension criteria was economic activity which till to date is valid. However Tier 1 General applicants have court case of retrospect ivy in case they change settlement income criteria

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

http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/
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.

[Son_of_Soil]

So u reckon that pre nov 2006 should be safe?Is that link on UKBA recently posted? i wonder if its changed n not updated.

thanxs

I have the same understanding for pre November cases. Further evidence is extension i.e FLR forms on this link
http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/


It still requires economic activity only for extension. So for pre November JR cases extension criteria was economic activity which till to date is valid. However Tier 1 General applicants have court case of retrospect ivy in case they change settlement income criteria

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

http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/
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.

[smaganti]

Guys,,

i have received a letter from my MP regarding the email i have sent him regarding change of ILR rules .He told he will do whatever he can to help out and he has written to home office regarding this.

so lets wait and see

[musaratnasreen]

This link is there since the implementation of Jr. It is a document in line with policy document

http://www.ukba.homeoffice.gov.uk/sitec ... ialreview8. The requirements for an extension of stay will be those that were in place
before 7 November 2006.
9. If an applicant meets these requirements we will grant them:
a. Three years’ leave; or
b. Enough leave to enable the applicant to complete the qualifying period for
settlement,
whichever is the greater.
10. Their grant of leave will confer the same rights and impose the same
conditions as their previous HSMP leave.
11. The migrant’s previous HSMP leave will count towards the qualifying period
for applying for settlement as a highly skilled migrant, as will any leave issued
under the terms of this policy.
12. Migrants will be able to apply for subsequent extensions of stay under these
provisions should they not wish to apply for settlement.

13. Migrants will be charged the Tier 1 (General) further leave application fee in
place at the time they make their application.

So u reckon that pre nov 2006 should be safe?Is that link on UKBA recently posted? i wonder if its changed n not updated.

thanxs

I have the same understanding for pre November cases. Further evidence is extension i.e FLR forms on this link
http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/


It still requires economic activity only for extension. So for pre November JR cases extension criteria was economic activity which till to date is valid. However Tier 1 General applicants have court case of retrospect ivy in case they change settlement income criteria

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

http://www.ukba.homeoffice.gov.uk/worki ... ionofstay/
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.

[emini34]

i got my 1st HSMP before 7th nov 2006 for two years n then tier 1 for three years ,till nov 2011.
thanks

When did you get your first hsmp visa? i mean the one you said was on original HSPM rules of 65 points. cheers

Hi
If it that's simple could you plz tell me what this statement of intent means for old HSMPians! When I got my tier 1 extension in nov 2008, my application was dealt with original HSPM rules of 65 points! I didn't have to show any salary for extension !
Regards

from emini34

If you get your HSMP before 7 November 2006 then you fall under the HSMP Judiciary Review (3 April – 7 November 2006). http://www.ukba.homeoffice.gov.uk/worki ... er-remain/
I welcome anyone to proof me wrong, even though you are presently on Tier 1 General you will not have problem with the new rule when it is enforced. I think the HSMP JR ruling is still binding on the Home Office and they must obey that ruling. It is only us that we are not sure of what will happen because of the tweak in the declaration on the Tier 1 application form (I am aware that the rules and regulations governing points based system applications may change in the future and do not assume that the requirements covering any future applications will be the same) http://www.ukba.homeoffice.gov.uk/sitec ... l-form.pdf

For people talking about degree, I don’t think they will now tell you to bring evidence of a higher qualification e.g. you qualified last time with BSc, they will now say that they have raised the bar that you should bring MSc degree to score point. I think that will be too harsh and will not happen I think.