Settlement requirements for PBS migrants from April 2011

[rajivilr]

http://www.legislation.gov.uk/ukpga/1974/53

This is the rehabilitaion Act that they are mentioning for criminal convictions.
Mods please correct me if i am wrong.

Raj

[geriatrix]

http://www.legislation.gov.uk/ukpga/1974/53

This is the rehabilitaion Act that they are mentioning for criminal convictions.
Mods please correct me if i am wrong.

Raj

Yes, but for easier understanding, you may refer to page 29 (onwards) of this UKBA document.

[rajivilr]

Hi Sushdmehta,

These talk about some points, people who are under WP also need to score points?

Raj

[tara55]

Looks like for WP holders, the salary criteria is just to be confirmed by a letter from the employer.
An easy one!

Interesting.... Do you point me to source of above ?

[psdesai]

WHAT THE **** IS THIS MEAN ?!!!!!
"age: notes
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave. if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application. "

[Pierrot95]

Looks like for WP holders, the salary criteria is just to be confirmed by a letter from the employer.
An easy one!

Interesting.... Do you point me to source of above ?

All the changes related to settlement requirements for WP holders are on Page 6 of the statement, change #9 and #10.
Unless I've missed something.

And this should be read in conjunction with the ILR requirements 134 for WP holders, that are available here.

[sys_sagar]

I came in UK in march 2007 on HSMP but made my application before nov 2006 and came on basis of that. I got my last extension on mar 2009 under JR. I have got 2 questions:

1. Do i need to score points ?
2. Can i apply for ILR now after having completed 4 years or march next year in 2012?

[noor1034]

Looks like for WP holders, the salary criteria is just to be confirmed by a letter from the employer.
An easy one!

Interesting.... Do you point me to source of above ?

All the changes related to settlement requirements for WP holders are on Page 6 of the statement, change #9 and #10.
Unless I've missed something.

And this should be read in conjunction with the ILR requirements 134 for WP holders, that are available here.

Makes sense.... There were no Code of Practice in place in 2006 when my company applied for WP. How my employer can certify that ?

My job title is IT Lead Designer, I cannot find anything related to this job in Code of Practice ?

Any help ?

[sys_sagar]

I am surprised now.

This is third time I am posting my questions and none of the senior members or site moderators is able to answer my queries.

I came in UK in march 2007 on HSMP but made my application before nov 2006 and came on basis of that. I got my last extension on mar 2009 under JR. I have got 2 questions:

1. Do i need to score points ?
2. Can i apply for ILR now after having completed 4 years or march next year in 2012?

[Pierrot95]

It will be a matter of finding the closest code of practice to your job title/description.
Anyway, the HO relies on the employer to certify this. This is the key point. It is up to the employer then.

IMHO.

Looks like for WP holders, the salary criteria is just to be confirmed by a letter from the employer.
An easy one!

Interesting.... Do you point me to source of above ?

All the changes related to settlement requirements for WP holders are on Page 6 of the statement, change #9 and #10.
Unless I've missed something.

And this should be read in conjunction with the ILR requirements 134 for WP holders, that are available here.

Makes sense.... There were no Code of Practice in place in 2006 when my company applied for WP. How my employer can certify that ?

My job title is IT Lead Designer, I cannot find anything related to this job in Code of Practice ?

Any help ?

[sys_sagar]

Hi Pierrot,

Can you please answer to my questions if you have any clue

tks

[geriatrix]

I am surprised now.

This is third time I am posting my questions and none of the senior members or site moderators is able to answer my queries.

Please learn to be patient. People will reply if and when they wish to. If you wish to demand an answer the moment you have a question, consult a lawyer.

And please don't make multiple posts time and again. I am getting tired of deleting them.

[hsmp2010]

I got extension under HSMP JR (between april and 7 nov), do I have to demonstrate points for settlement. I didnt show it for extension , how about life in the UK test. policy doc is confusing.

seniors plz help

[willnotbackHSMP]

I am surprised now.

This is third time I am posting my questions and none of the senior members or site moderators is able to answer my queries.

I came in UK in march 2007 on HSMP but made my application before nov 2006 and came on basis of that. I got my last extension on mar 2009 under JR. I have got 2 questions:

1. Do i need to score points ?
2. Can i apply for ILR now after having completed 4 years or march next year in 2012?

As per my understanding :

As you extended your FLR under JR so..

1. You dont need to score points only you need to show you are economically active.

2. Yes

Recent Statement Of changes In ImmIgration rules on 16/3/11 said in page 11 under heading 245CD : requirements for indefinite leave to remain for T-1 ( General) that

(e) Where the application is being made under the terms of the HsMP ilr Judicial review Policy document, the applicant must have a continuous period of 4 years lawful leave in the UK, of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant;
(ii) as a Highly skilled Migrant;
(iii) as a Work permit Holder; or
(iv) as an innovator.

(f) Where the application is being made under the terms of the HSMP ILR Judicial review Policy document, the applicant must be economically active in the UK, in employment or self-employment or both.

Hopefully you have got your answer sys_sagar. Good luck !

[hsmp2010]

After reading HSMP ILR JR doc , it also covers people who got initial approval between april and Nov 2006 in point no 27.

for this we have to complete 5 years, no need to show points for settlement and no life UK test.

The main objective of both JR documents was that only rules in place at time of approval shud be applied.

[sys_sagar]

thanks a lot for answering.

the reason why i got confused is that they mentioned that applicants applied under HSMP should spent 4 years whereas I know that I have to spent 5 years. So, didnt know where I stand

[hsmp2010]

no need to show point for us even between april and no as we r too covered by ILR JR policy.

but we shud complete 5 years

[dimsav]

Indeed, it seems that the following template for a letter from employer should now suffice for WP holders:

"This is to certify that Mr. X has been a [job title] in [job place] since [start date]. His current salary is £XX000 per annum that is at/above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UKBA. Mr. X is still required for the employment in foreseeable future."

It will be a matter of finding the closest code of practice to your job title/description.
Anyway, the HO relies on the employer to certify this. This is the key point. It is up to the employer then.

IMHO.

Interesting.... Do you point me to source of above ?

All the changes related to settlement requirements for WP holders are on Page 6 of the statement, change #9 and #10.
Unless I've missed something.

And this should be read in conjunction with the ILR requirements 134 for WP holders, that are available here.

Makes sense.... There were no Code of Practice in place in 2006 when my company applied for WP. How my employer can certify that ?

My job title is IT Lead Designer, I cannot find anything related to this job in Code of Practice ?

Any help ?

[dewales001]

Unspent convictions

Unless covered by HSMP JR, all PBS migrants (and it appears, migrants in all other (non-PBS) categories too, across the board) must be free from "unspent convictions" at the time of settlement application.
For Tier 1 (General), see 245CD(a)
For Tier 2 (ICT), see 245GF(a)
For Tier 2 (General), see 245HF(a)
For (pre-PBS) WP migrants, 134(vi) will be inserted.
Please note that this condition will also apply to dependants of the above mentioned migrants. See and 196D(vi) and 319E(h).

For HSMP JR covered migrants, 135G(v) is being inserted.

(v) unless the applicant is applying under the terms of the HSMP ILR Judical review Policy document, does not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974.

IMHO, this should apply for even those who joined HSMP between 03-Apr-06 and 07-Nov-06, so such migrants also appear to be exempt. Though 196D applies to dependants of migrants covered by HSMP JR, I believe the new insertion (196D(vi)) will not be applicable to them ... in line with the main migrants.

@sushdmehta, can you pls confirm if the Statement of Change is still subject to Parliamentary approval or is it definite now and effective from 6th April?

Thanks

[emini34]

the simple answer is that you must score 75 point on page 30. i think we fall under the same category. i first got mine in October 2007.

thanks,
what does it mean by "age (at date of application for first grant)" . I got my HSMP in 2008 Feb then extension May 2009. which one this is refering to (on table 2 header)?
In 2009 May I was 29 years and 7 months does it mean I score 10 points from that table ( I am a little bit confused for the age as per the document)?

Thanks

again it is simple. the point you scored in age when you first applied you will score again for settlement. e.g you score 5 point in feb 2008, you will score the same 5 point now or later when you want to apply for settlement.

This is the prob. I cant remember how many points I scored for what in my 1st and 2nd application

my friend do not worry about this age thing. you only need to know what your age were in feb 2008 when you first applied, you were 29 + then it means that you will score 10 points. they are not that daft and cannot do anything funny regading points for age.

[Son_of_Soil]

I wonder if anyone can let me know where do I fit in these rules!
HSMP pre nov 2006 to 2008(65 points)
Tier1 based on HSMP pre 7th November 2006(65 points)

1) Do I need to show any points ? If yes, how many?
2) Am I supposed to pass LIUK test?
3) Can my wife who joined me in Uk December 2010 also apply in November 2011?

Really appreciate n thankfull
Cheers

Moderators please provide your important suggestion to my query above !

[emini34]

I wonder if anyone can let me know where do I fit in these rules!
HSMP pre nov 2006 to 2008(65 points)
Tier1 based on HSMP pre 7th November 2006(65 points)

1) Do I need to show any points ? If yes, how many?
2) Am I supposed to pass LIUK test?
3) Can my wife who joined me in Uk December 2010 also apply in November 2011?

Really appreciate n thankfull
Cheers

Moderators please provide your important suggestion to my query above !

As long as your first application fall under HSMP JR you are not to score any point, just prove that you are economically active.

[marya]

Please clarify for the below.

In Page 11 related to ILR for Tier1 General, the below statement mentions points to be eliible as 75 under paragraphs 7 to 34 of Appendix A. If I go through Appendix A, I see that Qualifications points is not taken into consideration which means no one would be eligible for Settlement as the max points would be as below

Earnings - 45
Previous experience - 20
Age - 5
In total it comes only to 70 points.

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of appendix a.(e) Where the application is being made under the terms of the HsMP

Have I misunderstood anything. If not should we raise this immediately to the HomeOffice

[Son_of_Soil]

Thanks you answered my 1st question only.could you please look at the other two n paste any link to confirm that !
Thanks

I wonder if anyone can let me know where do I fit in these rules!
HSMP pre nov 2006 to 2008(65 points)
Tier1 based on HSMP pre 7th November 2006(65 points)

1) Do I need to show any points ? If yes, how many?
2) Am I supposed to pass LIUK test?
3) Can my wife who joined me in Uk December 2010 also apply in November 2011?

Really appreciate n thankfull
Cheers

Moderators please provide your important suggestion to my query above !

As long as your first application fall under HSMP JR you are not to score any point, just prove that you are economically active.

[marya]

To be more clearer, qualification points are specified in paragraph 3 but the below criteria mentions from paragraph 7. May I request Sushmedta to please let me know for the below

Please clarify for the below.

In Page 11 related to ILR for Tier1 General, the below statement mentions points to be eliible as 75 under paragraphs 7 to 34 of Appendix A. If I go through Appendix A, I see that Qualifications points is not taken into consideration which means no one would be eligible for Settlement as the max points would be as below

Earnings - 45
Previous experience - 20
Age - 5
In total it comes only to 70 points.

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of appendix a.(e) Where the application is being made under the terms of the HsMP

Have I misunderstood anything. If not should we raise this immediately to the HomeOffice