Settlement requirements for PBS migrants from April 2011

sunny1407 · Post by **sunny1407** » Tue Mar 08, 2011 4:25 pm

Son_of_Soil wrote:I know what you mean sunny, i asked my solicitor the same question, she advised that may be we need to score 75 points as when Tier 1 started , we were supposed to have 75 points to qualify for the extention to Tier 1, even thou we didnt have to, as we covered by HSMP JR. according to Solicitor, that willbe the critiera to follow. Rest , she said she will get back to me with a definative answer.their last extension on "economic activity" basis

ok but surely if we didn't have to meet the criteria on last extension due to jr, that jr still remains valid and the jr policy document clearly states that the ilr to be given on economic activity basis

emini34 · Post by **emini34** » Tue Mar 08, 2011 4:33 pm

Manas wrote:
psdesai wrote:
Son_of_Soil wrote:Guys
i was wondering when these statement of intenet will become a rules? if rules are changing from 6th april , it must be sometime in this month? is there any particular date set to get these rule published?
Thats a good point. Anyone know this? Please share
Somewhere in this forum I read (probably posted by a senior member or moderator) that in order to implement the statements of intent to rule from 6th April 2011, the govt. needs to put forward the same in the parliament at least 3 weeks before, so latest by 16th March 2011. Please correct me if I am wrong.

I think you are right about 16 March. If it will be enforced early April then it has to be published at least 3 weeks before. So we will be looking at latest end of next week to know our direction. I canâ€™t find a link as evidence but someone might have heard it that Labour criticise the HO for releasing to the public what has not been approved by the parliament, that is referring to the statement of intent. Fingers crossed the waiting will be over next week.

On another note I just thought that the HSMP Forum JR is still binding on HO, there should definitely be a separate transitional arrangement for the old HSMP people. After this April I for one still have another April before my ILR is due, who knows what will happen after the consultation later in the year, umm.

emini34 · Post by **emini34** » Tue Mar 08, 2011 4:37 pm

Manas wrote:
psdesai wrote:
Son_of_Soil wrote:Guys
i was wondering when these statement of intenet will become a rules? if rules are changing from 6th april , it must be sometime in this month? is there any particular date set to get these rule published?
Thats a good point. Anyone know this? Please share
Somewhere in this forum I read (probably posted by a senior member or moderator) that in order to implement the statements of intent to rule from 6th April 2011, the govt. needs to put forward the same in the parliament at least 3 weeks before, so latest by 16th March 2011. Please correct me if I am wrong.

I think you are right about 16 March. If it will be enforced early April then it has to be published at least 3 weeks before. So we will be looking at latest end of next week to know our direction. I canâ€™t find a link as evidence but someone might have heard it that Labour criticise the HO for releasing to the public what has not been approved by the parliament, that is referring to the statement of intent. Fingers crossed the waiting will be over next week.

On another note I just thought that the HSMP Forum JR is still binding on HO, there should definitely be a separate transitional arrangement for the old HSMP people. After this April I for one still have another April before my ILR is due, who knows what will happen after the consultation later in the year, umm.

emini34 · Post by **emini34** » Tue Mar 08, 2011 4:41 pm

Manas wrote:
psdesai wrote:
Son_of_Soil wrote:Guys
i was wondering when these statement of intenet will become a rules? if rules are changing from 6th april , it must be sometime in this month? is there any particular date set to get these rule published?
Thats a good point. Anyone know this? Please share
Somewhere in this forum I read (probably posted by a senior member or moderator) that in order to implement the statements of intent to rule from 6th April 2011, the govt. needs to put forward the same in the parliament at least 3 weeks before, so latest by 16th March 2011. Please correct me if I am wrong.

I think you are right about 16 March. If it will be enforced early April then it has to be published at least 3 weeks before. So we will be looking at latest end of next week to know our direction. I canâ€™t find a link as evidence but someone might have heard it that Labour criticise the HO for releasing to the public what has not been approved by the parliament, that is referring to the statement of intent. Fingers crossed the waiting will be over next week.

On another note I just thought that the HSMP Forum JR is still binding on HO, there should definitely be a separate transitional arrangement for the old HSMP people. After this April I for one still have another April before my ILR is due, who knows what will happen after the consultation later in the year, umm.

Ihope4ilr · Post by **Ihope4ilr** » Tue Mar 08, 2011 4:54 pm

amin.....

rajivilr · Post by **rajivilr** » Tue Mar 08, 2011 5:06 pm

I think there is no point to go look around for information from solicitors and all as from my experience they only have as much info as is published on the website. I am also due to apply for ILR soon and I spoke with my solicitor too but she said we cant say anything unless new rules are out. I was also checking the website of discussions in parliament but dint see anything, so best option is to wait and hope for the best, we all are on the edge and all we can do is wait for these new rules to be published. Just one positive ray of hope i saw was that most people feel that putting the existing migrants through these would be a problem as if there is someone working already and does not qualify in the new rules then even the employers will loose people who have been working for them since X number of years so lets just wait and hope for best.

Raj

bonvivz · Post by **bonvivz** » Tue Mar 08, 2011 5:10 pm

Guys,

I've emailed Nick Clegg, Sayeeda Warsi and My MP and I've got a reply from all of them that they will write to Damian Green and ask for clarification.

Lets hope for the best.

Regards,

bon

sunny1407 · Post by **sunny1407** » Tue Mar 08, 2011 6:41 pm

bonvivz wrote:Guys,

I've emailed Nick Clegg, Sayeeda Warsi and My MP and I've got a reply from all of them that they will write to Damian Green and ask for clarification.

Lets hope for the best.

Regards,

bon

hi bon,

did u write for just clarification or putting the point through that the changes should not be retrospective in the first place?

bonvivz · Post by **bonvivz** » Tue Mar 08, 2011 10:11 pm

sunny1407 wrote:
bonvivz wrote:Guys,

I've emailed Nick Clegg, Sayeeda Warsi and My MP and I've got a reply from all of them that they will write to Damian Green and ask for clarification.

Lets hope for the best.

Regards,

bon
hi bon,

did u write for just clarification or putting the point through that the changes should not be retrospective in the first place?

Sunny,

Ive used the template posted in this thread, so I assume they've got the message

anoop666 · Post by **anoop666** » Wed Mar 09, 2011 12:03 pm

I also emailed my Romford MP Andrew Rosindell..

ts12 · Post by **ts12** » Wed Mar 09, 2011 9:57 pm

I have sent my email to our local MP as well today. Hope something positive will come from all our efforts on this.

rdrp · Post by **rdrp** » Thu Mar 10, 2011 5:07 pm

bonvivz wrote: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

My case is same as yours. These rules you point to(in appendix) are only for people who extend their Tier 1 stay.

You have already done your extension and i am sure that when you apply for ILR , they will only consider the same criteria as what was considersed for your extension (give points for bachelor degree).

Moreover for ILR applications, they might only consider the income requirement (under the same criteria as your last extension) and not everything else... This is indicated in page 11

"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:"

Son_of_Soil · Post by **Son_of_Soil** » Fri Mar 11, 2011 11:15 am

Any further news on this?

bonvivz · Post by **bonvivz** » Sat Mar 12, 2011 2:40 am

rdrp wrote:
bonvivz wrote: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
My case is same as yours. These rules you point to(in appendix) are only for people who extend their Tier 1 stay.

You have already done your extension and i am sure that when you apply for ILR , they will only consider the same criteria as what was considersed for your extension (give points for bachelor degree).

Moreover for ILR applications, they might only consider the income requirement (under the same criteria as your last extension) and not everything else... This is indicated in page 11

"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:"

rdrp,

i hope the same, when is your ILR due? If you dont mind sharing?

lavkir · Post by **lavkir** » Sat Mar 12, 2011 7:14 am

bonvivz wrote:
rdrp wrote:
bonvivz wrote: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

If you have a look at this link it clearly states you will not get points for Bachelors degree for Tier 1 extension if you have, or last had, leave granted under the rules in place between 31 March 2009 and 5 April 2010.

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

Manas · Post by **Manas** » Sun Mar 13, 2011 12:59 pm

lavkir wrote:
bonvivz wrote:
rdrp wrote:
bonvivz wrote: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
If you have a look at this link it clearly states you will not get points for Bachelors degree for Tier 1 extension if you have, or last had, leave granted under the rules in place between 31 March 2009 and 5 April 2010.

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

Those who have got their first visa before 31.09.2009 (be it HSMP, T1G) need not worry. The catch word is under the rules in place. The date of visa stamping for extension is irrelevant, what matters is based on which set of rules one has got the extension. Therefore, IMHO, even if ones visa is stamped on, say, 10th April 2009, but based on rules in place before 31.03.2009, then for FLR/ILR the basis would be rules based on which the last extension was given, which for people like you guys, eventually is the rules that was in place when you first entered the scheme.
The points calculator in the UKBA website asks for the date of first successful application, which again, as explained in the guidelines, is the date of one's application (the date on which HO receives the application by post/courier).
A very simple thing, definitely the basis on which you got your 1st extension did not ask for a Masters, otherwise you would not have been given extension, isn't it? Then, logically, it boils down to the fact that your extension was based on the rule that was in place before 31st March 2009 (when Masters was not mandatory). So, IMHO, you guys simply need not worry for ILR, with rules in place as on date.

Son_of_Soil · Post by **Son_of_Soil** » Sun Mar 13, 2011 9:02 pm

Hello Manas

You sound very confident on this. When are you due for ILR and what are your thoughts for HSMP PRE 7TH NOV 2006? I am due in Nov 2011 and currently very confused with the overall situation. Clearly The statement of intent has left so many people confused . You said people who got their 1st visa before march 31 2009 need not to worry .How come you so sure about it?

Manas wrote:
lavkir wrote:
bonvivz wrote:
rdrp wrote: If you have a look at this link it clearly states you will not get points for Bachelors degree for Tier 1 extension if you have, or last had, leave granted under the rules in place between 31 March 2009 and 5 April 2010.

http://www.ukba.homeoffice.gov.uk/worki ... fications/
Those who have got their first visa before 31.09.2009 (be it HSMP, T1G) need not worry. The catch word is under the rules in place. The date of visa stamping for extension is irrelevant, what matters is based on which set of rules one has got the extension. Therefore, IMHO, even if onesvisa is stamped on, say, 10th April 2009, but based on rules in place before 31.03.2009, then for FLR/ILR the basis would be rules based on which the last extension was given, which for people like you guys, eventually is the rules that was in place when you first entered the scheme.
The points calculator in the UKBA website asks for the date of first successful application, which again, as explained in the guidelines, is the date of one's application (the date on which HO receives the application by post/courier).
A very simple thing, definitely the basis on which you got your 1st extension did not ask for a Masters, otherwise you would not have been given extension, isn't it? Then, logically, it boils down to the fact that your extension was based on the rule that was in place before 31st March 2009 (when Masters was not mandatory). So, IMHO, you guys simply need not worry for ILR, with rules in place as on date.

Manas · Post by **Manas** » Sun Mar 13, 2011 10:11 pm

Son_of_Soil wrote:Hello Manas

You sound very confident on this. When are you due for ILR and what are your thoughts for HSMP PRE 7TH NOV 2006? I am due in Nov 2011 and currently very confused with the overall situation. Clearly The statement of intent has left so many people confused . You said people who got their 1st visa before march 31 2009 need not to worry .How come you so sure about it?

Manas wrote:
lavkir wrote:
bonvivz wrote:
Those who have got their first visa before 31.09.2009 (be it HSMP, T1G) need not worry. The catch word is under the rules in place. The date of visa stamping for extension is irrelevant, what matters is based on which set of rules one has got the extension. Therefore, IMHO, even if onesvisa is stamped on, say, 10th April 2009, but based on rules in place before 31.03.2009, then for FLR/ILR the basis would be rules based on which the last extension was given, which for people like you guys, eventually is the rules that was in place when you first entered the scheme.
The points calculator in the UKBA website asks for the date of first successful application, which again, as explained in the guidelines, is the date of one's application (the date on which HO receives the application by post/courier).
A very simple thing, definitely the basis on which you got your 1st extension did not ask for a Masters, otherwise you would not have been given extension, isn't it? Then, logically, it boils down to the fact that your extension was based on the rule that was in place before 31st March 2009 (when Masters was not mandatory). So, IMHO, you guys simply need not worry for ILR, with rules in place as on date.

Well, I have addressed my views specifically wrt having Masters Degree. All I intend to say is that, as far as I have understood the guidelines of UKBA, those who have had their T1G Extension (even for HSMP holders who got transitioned into T1G) based on rules in place before 31.03.2009, need not have a Masters degree to get FLR/ILR. That's all I have said.

Son_of_Soil · Post by **Son_of_Soil** » Mon Mar 14, 2011 11:09 am

Moderators

Do you have any further info on this? approximatley when we should get updated rules ?

rajivilr · Post by **rajivilr** » Mon Mar 14, 2011 12:24 pm

Hi

Has anyone got any replies from hsmp forum or ministers. I have sent the mails but not got any replies yet.

Any replies if posted here would help or atleast the fact that they did reply.

Raj

Son_of_Soil · Post by **Son_of_Soil** » Mon Mar 14, 2011 12:26 pm

No Raj
i am also waiting for replies from so many people including HSMP forum and MP reply.

rajivilr wrote:Hi

Has anyone got any replies from hsmp forum or ministers. I have sent the mails but not got any replies yet.

Any replies if posted here would help or atleast the fact that they did reply.

Raj

Post by **geriatrix** » Mon Mar 14, 2011 12:42 pm

See also HSMP Forum Limited - NEW POLICY

sun_ilr · Post by **sun_ilr** » Mon Mar 14, 2011 3:26 pm

Son_of_Soil wrote:Hi Susdmehta
i didnt understand why you posted the link for HSMP forum on here?

sushdmehta wrote:See also HSMP Forum Limited - NEW POLICY

Hi son of soil

i am in same boat like you and due for ILR in nov 2011. these change of rules are making me insane. every day i have to come home and start reading newspaper and people comments and i think i will go insane one day .

"every one plz dont assume things, some one life depend upon this and this is not a joke. so pz dont just assume about dates are rules". i can sleep whole night after reading some funny notes. its not good guys. so pz read on news site then add coments.

thanks and good luck. apologies if i have said anything wrong.

Son_of_Soil · Post by **Son_of_Soil** » Mon Mar 14, 2011 6:03 pm

Hello mate
I can understand very well what you might be going through , but the truth is no one knows anything yet! So I guess we have no other choice except to wait and see where we fall ! Just hope for the best!
Try not to worry as this will not solve anything !

Cheers

sun_ilr wrote:
Son_of_Soil wrote:Hi Susdmehta
i didnt understand why you posted the link for HSMP forum on here?

sushdmehta wrote:See also HSMP Forum Limited - NEW POLICY
Hi son of soil

i am in same boat like you and due for ILR in nov 2011. these change of rules are making me insane. every day i have to come home and start reading newspaper and people comments and i think i will go insane one day .

"every one plz dont assume things, some one life depend upon this and this is not a joke. so pz dont just assume about dates are rules". i can sleep whole night after reading some funny notes. its not good guys. so pz read on news site then add coments.

thanks and good luck. apologies if i have said anything wrong.

ts12 · Post by **ts12** » Mon Mar 14, 2011 7:57 pm

Hi all
My MP has replied saying that the matter has been taken up with the ministers.

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Settlement requirements for PBS migrants from April 2011

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