Tier 2 - Changes to immigration rules from April 2011

anul · Post by **anul** » Sun Mar 06, 2011 5:03 pm

Is it possible to post the link here.

Many Thanks

fibreman · Post by **fibreman** » Sun Mar 06, 2011 10:57 pm

Guys, you see, fortunately, not all is black and white... Con/Dem govt
didn't make it all just bad.

In some things, this will be much better for some people than even previous rules for Tier 2 before interim ones.

First of all, the system seems simpler now in soem ways, and we can get visas faster.

I think, unless your occupation is out of the list now, you(we) benefit from this. Well, all of us inside uk...

jason23 · Post by **jason23** » Mon Mar 07, 2011 3:35 pm

fibreman wrote:This is very good... for me, these new rules are much better than interim. Unlimited cos which is issued momentarily, no LM test, my occupation is still on list...

In my case, it would be faster and simpler to get tier 2 within country now.

Very much agreed. Just waiting for everything to be set in stone now

vlad04 · Post by **vlad04** » Sun Mar 13, 2011 6:22 pm

Hi

I have a question. If I have a CoS issued under the current rules (out of country applicant) - do I necessarily have to apply by 5th April to use this CoS?

arsenal49 · Post by **arsenal49** » Sun Mar 13, 2011 9:11 pm

all the applications are considered under current rule

your COS, issued before 6th april, will almost certainly be "invalid" after 6th april because the job title and salary requirement would have been changd as there will be new code of practice

so, apply as soon as possible, that is if you can! last panel was met at the start of March and no panel is meeting on 1st april as far as im aware

Post by **geriatrix** » Mon Mar 14, 2011 6:53 pm

Government announces removal of 8 occupations from shortage occupation list wrote:The government has announced that it will remove 8 occupations from the points-based system's shortage occupation list.

If an occupation is on the shortage occupation list, this means that there are not enough resident workers in the UK to do the available jobs in that occupation. When the 8 occupations are removed from the list, the number of jobs available to migrants under the list will be reduced from 500,000 to around 230,000.

The government is also removing 71 professions from the list of 192 approved jobs under Tier 2 of the points-based system, as they have been deemed to be below graduate level.

This announcement follows the government's decision to accept all of the Migration Advisory Committee's (MAC) recommendations following the publication of 2 reports looking at graduate-level jobs and the shortage occupation list for Tier 2.

thling06 · Post by **thling06** » Mon Mar 14, 2011 9:07 pm

Hi,

So what does this mean? 71 professional jobs? When are they going to tell us what are they? That is a lot considering the list is very short in the first place.

I just wish that they just annouce it and tell it to us!

arsenal49 · Post by **arsenal49** » Mon Mar 14, 2011 10:58 pm

shortage list can be found here

http://www.ukba.homeoffice.gov.uk/sitec ... is-of-pbs/

graduate list can be accessed via this link

http://www.ukba.homeoffice.gov.uk/sitec ... of-the-pbs

code of practice

http://www.ukba.homeoffice.gov.uk/sitec ... duate-cop/

arsenal49 · Post by **arsenal49** » Mon Mar 14, 2011 11:07 pm

i couldn't find link to new code of practice.

it says that its "currently being reviewed" but it was up there few days( a week or so) ago. can anyone find it for completeness sake.

thanks

navedkhane · Post by **navedkhane** » Tue Mar 15, 2011 9:03 am

arsenal49 wrote:i couldn't find link to new code of practice.

it says that its "currently being reviewed" but it was up there few days( a week or so) ago. can anyone find it for completeness sake.

thanks

I Have downloaded a pdf copy of that list,
However not sure if it is still valid. Because may be they are making more changes to it.
If someone want the list please ask me I will send you through email.

Post by **geriatrix** » Wed Mar 16, 2011 5:31 pm

Statement of changes in Immigration Rules (HC 863)

arsenal49 · Post by **arsenal49** » Wed Mar 16, 2011 10:08 pm

can anyone explain to me how "new graduates" are defined in the new code of practice (see section M for example)

link provided above

thanks

jlewisunh · Post by **jlewisunh** » Wed Mar 16, 2011 10:19 pm

After reading the announcement, I am not sure the changes are just. But then again, the HO isn't about being fair...at least not fair to everyone equally. My gripe is the salary requirement. It seems a bit too high IMO. I mean, imagine the psw worker there right now who will successfully complete his 6th month in May, which previously was enough for him to switch into Tier 2 much easier. Now, he finds out that he is short on his salary with only two months to go, and he can only extend for one year or he must leave! How frustrating!

They gave trans arrangements to those already sponsored, but those in the wait got sacrificed. I really thought they'd give something to psw holders who are in the UK before april 6th, ie - they aren't subject to the changes, since they applied for the psw visa with the mindset that they were under certain rules. In fact, reading the opening paragraph, I initially thought this was the case. It says that applications before April 6th will be processed in accordance to the rules on April 5th. I took this to mean that applications are 'processed' as in the documents are examined, and the visa is then granted or denied, under the rules in place at the time. If the visa is granted under the rules that exist at the current time, surely that could be taken as those are the rules which will govern your visa for its duration. Any applications on or after 6th April are subject to the new laws. But there is no trans arrangement like this. Tier 2 is now much more difficult to enter either from psw or directly from student route. Long-term stay is tough as 40,000 quid is pretty difficult, even for graduate degree holders! Oh, and the 'cooling off period' is very odd. Keeping people coming and going, back and forth, 3 years in , one year out etc...not very efficient. Not at all.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Thu Mar 17, 2011 10:41 am

- jlewisunh

Are you sure about your analysis?
The salary requirements you have mentioned is specifically for Tier 2 (Intra-Company) and NOT Tier 2 general in country applications.

navedkhane · Post by **navedkhane** » Thu Mar 17, 2011 11:32 am

Sheffield_Marketeer wrote:
- jlewisunh

Are you sure about your analysis?
The salary requirements you have mentioned is specifically for Tier 2 (Intra-Company) and NOT Tier 2 general in country applications.

I agree with Sheffield_Marketeer

jlewisunh · Post by **jlewisunh** » Thu Mar 17, 2011 12:07 pm

navedkhane wrote:
Sheffield_Marketeer wrote:
- jlewisunh

Are you sure about your analysis?
The salary requirements you have mentioned is specifically for Tier 2 (Intra-Company) and NOT Tier 2 general in country applications.
I agree with Sheffield_Marketeer

i cant decipher the language then. as far as i could tell the tier 2 changes effect anyone at all, in or out of country, who are applying for tier 2 (general, intrao company etc). i might be wrong and in that case can someone tell me the requirements under the new rules if: you have a psw visa granted before april 6 2011 and you are in the uk on this visa before april 6 and in the future want to switch, not apply, but switch, into tier 2?

Post by **geriatrix** » Thu Mar 17, 2011 12:13 pm

jlewisunh wrote:want to switch, not apply, but switch,

If you do not apply, how do you switch?

arsenal49 · Post by **arsenal49** » Thu Mar 17, 2011 1:07 pm

its looking like...

psw holders(issued before or after 6th April 2011) wanting to switch to tier 2, will benefit from the fact that some job titles' appropriate salary is carefully reduced than the normal-equivalent of the professionals. If you look in section M, most titles have minimum salary to be 23k.

So, if you are on a psw and have conducted RLMT than all you need to do is earn 23k and you will be able to switch. The process is even simpler if your job happens to be in shortage occupation.

So, Get a job which pays you atleast 23k on PSW. let them do the RLMT, and you should be able to switch in tier 2 accordingly.

Mind you, im only concerned with section M of code of practice. Might not be as straight forward for other sections so thats where you need to be pro-active and convince your employer to give you certain job-title/salary to meet the basic requirements to switch from psw to tier 2 at earliest opportunity

psw2009 · Post by **psw2009** » Thu Mar 17, 2011 1:33 pm

Hi,

I think they will also exempt RLMT for PSW holders as below please let me know about your comments thanks

http://www.ukba.homeoffice.gov.uk/sitec ... soi-tier2/

Those not already in Tier 1 (General) or a pre-
PBS predecessor category will not be able to
switch into it after 6 April 2011. This includes
those with existing leave to enter or remain
in the Tier 1 (Post Study Work) category or
its predecessor categories, and those in Tier
4. They will not be able to switch into Tier 1
(General), but will be permitted to switch into
Tier 2 (General). The allocation of a CoS for the
purpose of such a switching application will not
count towards the annual limit in 2011/12 nor
will it be subject to the RLMT where the worker
is switching from a Post-Study Work category
and has been in post for six months or more.

jlewisunh · Post by **jlewisunh** » Thu Mar 17, 2011 2:21 pm

yes that is a crucial point, they announced some time ago that psw holders do not need to meet the RLMT and i don't think this has changed, nor has the fact that the cap on tier 2 does not affect in-country applicants from psw. this is a very important point about the RLMT so someone smarter than me should confirm if possible.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Thu Mar 17, 2011 3:28 pm

Hi all
If you were to see page 18 of this document here:
http://www.ukba.homeoffice.gov.uk/sitec ... e-0411.pdf

You'd see that they seem to imply that PSW ppl do not need the RMLT. Although they need to be employed for a min of 6 months with their employer.

By saying that:

If you do not meet these requirements, you will need to claim points for sponsorship in
another way, for example if your sponsor has completed a resident labour market test.

one can assume that the being with employer for 6 months would negate the need for RMLT

fibreman · Post by **fibreman** » Thu Mar 17, 2011 4:09 pm

Sheffield_Marketeer wrote:Hi all
If you were to see page 18 of this document here:
http://www.ukba.homeoffice.gov.uk/sitec ... e-0411.pdf

You'd see that they seem to imply that PSW ppl do not need the RMLT. Although they need to be employed for a min of 6 months with their employer.

By saying that:

If you do not meet these requirements, you will need to claim points for sponsorship in
another way, for example if your sponsor has completed a resident labour market test.

one can assume that the being with employer for 6 months would negate the need for RMLT

But... wasn't every internal cos meant to be issued unconditionally? Like, whatever valid category you switch from, no rlmt or anything?

navedkhane · Post by **navedkhane** » Thu Mar 17, 2011 4:18 pm

fibreman wrote:
Sheffield_Marketeer wrote:Hi all
If you were to see page 18 of this document here:
http://www.ukba.homeoffice.gov.uk/sitec ... e-0411.pdf

You'd see that they seem to imply that PSW ppl do not need the RMLT. Although they need to be employed for a min of 6 months with their employer.

By saying that:

If you do not meet these requirements, you will need to claim points for sponsorship in
another way, for example if your sponsor has completed a resident labour market test.

one can assume that the being with employer for 6 months would negate the need for RMLT

But... wasn't every internal cos meant to be issued unconditionally? Like, whatever valid category you switch from, no rlmt or anything?

I think it is un-restricted COS for in country allocation, not un-conditional.
Unrestricted and Unconditional are two different things.
Unrestricted means no cap or limit.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Thu Mar 17, 2011 5:22 pm

Internal = Unrestricted COS as long as the salary conditions and other conditions if any, are met

Internal â‰ Unconditional (as the poster above has pointed out)

fibreman · Post by **fibreman** » Fri Mar 18, 2011 5:54 pm

Ok, right...

From what I understood by skimming through their diagrams, if you apply from inside, then they issue cos straight away, ie employer can do so.

When the application with that cos is sent, then you have to satisfy salary requirement + some other point based things.

If you apply from outside, then before even issuing COS, there are reqs like rlmt and so on.

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Tier 2 - Changes to immigration rules from April 2011

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