Settlement requirements for PBS migrants from April 2011

[geriatrix]

For the benefit of people that need clarity I kindly request the moderator to please shed light on this issue.

The moderator is now tired of repeating the same thing, time and again!
The problem is that people are looking for personal answers to their questions without making an effort to search / read the information already available.

Anyhow, in an effort to put an end to the debate:

Please read section 6.1 of the new (draft version, as on date) IDI for Tier 1 (General) migrants applying for settlement. If you read carefully, you'll note that the "date of application"and the "rules in place at that time" is what matters - not the date of entry clearance / leave to remain / entry, a point in argument in the recent pages in this topic. And the fact is re-iterated at more than one place within the above mentioned section of the linked document.

Pay particular attention to sentences that include the following text(s) - "under the rules in place" and "date of application".

[[iD]]

For the benefit of people that need clarity I kindly request the moderator to please shed light on this issue.

The moderator is now tired of repeating the same thing, time and again!
The problem is that people are looking for personal answers to their questions without making an effort to search / read the information already available.

Anyhow, in an effort to put an end to the debate:

Please read section 6.1 of the new (draft version, as on date) IDI for Tier 1 (General) migrants applying for settlement. If you read carefully, you'll note that the "date of application"and the "rules in place at that time" is what matters - not the date of entry clearance / leave to remain / entry, a point in argument in the recent pages in this topic. And the fact is re-iterated at more than one place within the above mentioned section of the linked document.

Pay particular attention to sentences that include the following text(s) - "under the rules in place" and "date of application".

I went through the draft last night and what I said was what I understood. I agree it's the date of application not the date of decision but clarification we were all looking for is date of which application? HSMP points application or EC/LTR application since the draft says date of application of first grant of leave. TBH I hope and pray that I am wrong here as it would help me and thousands other greatly.

I guess we'll have to wait and see what happens to people affected by age points here when they apply.

[hsmp2010]

I read this recent draft doc and now I am worried abt my group which falls into first judgement (between April and 7 Nov)

do we have to score points because there is no mention of economic activity for us.

[Spear]

I have read the statement of changes to to the immigration rules doc and the caseworker instructions and I am not sure where it says applicants under the HSMP judicial review are exempt from the criminality threshold.

Both docs state that HSMP JD are exempt from time period, income and life in UK. But there is no clarification on criminality threshold or general grounds of refusal

Except for the below -
Not sure about the below - Where is paragraph 135(iv) ??? What does it refer to


after paragraph 135G(iv), insert “; and(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.â€

[musaratnasreen]

Sorry for long statement. These are from Statement of changes in immigration rules 2011 wef 6 apr 2011submitted to parliament on 16 Mar 2011 and home office policy document on ILR. This should clarify the doubts for pre November 2006 HSMP holders

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

245CD. requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed
below. if the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant
does not meet these requirements, the application will be refused

(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 selfemployment or both

http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy


HSMP INDEFINITE LEAVE TO REMAIN (ILR) JUDICIAL REVIEW:
POLICY DOCUMENT

6. Paragraph 27 of this policy document covers migrants who:

a. Received an HSMP approval letter issued on the basis of an
application made between 3 April 2006 and 7 November 2006;
and

b. Were granted Entry Clearance or Leave to Remain (LtR) on the
basis of that letter.
Requirements for ILR under the terms of this policy document for those groups
covered by paragraph 6 of this document.

27. The requirements for ILR for a person qualifying for consideration under
this policy document are:

a. The migrant has spent a continuous period of five years lawfully in
the United Kingdom, of which the most recent period must have
been spent with leave as a highly skilled migrant, and the remainder
must be made up of leave as a highly skilled migrant, leave as a
work permit holder (under paragraphs 128 to 133 of the Immigration
Rules), leave as an Innovator (under paragraphs 210A to 210F of
the Immigration Rules) or leave as a Tier 1 (General) migrant.

b. The migrant applied to enter onto the HSMP between 03 April 2006,
and 7 November 2006 and was successful in that application

c. Throughout the five years spent in the United Kingdom the migrant
has been able to maintain and accommodate himself and any
dependants adequately without recourse to public funds

d. The migrant is lawfully economically active in the United Kingdom in
employment, self-employment or a combination of both

[Son_of_Soil]

Hi what recent draft you mentioning here? What are your concerns now?

I read this recent draft doc and now I am worried abt my group which falls into first judgement (between April and 7 Nov)

do we have to score points because there is no mention of economic activity for us.

[sojan]

this thread is having lot of personal questions and not generic discussions. and all questions are related to hsmp old rules.

[hsmp2010]

read above of musaratnasreen message.

There is only mention of ILR Judiacial in this doc

[Son_of_Soil]

Agree, I can't see that either? Also I cnt find in the doc about LIUK test? I m not sure if I need to go for it as a HSMP pre 7th nov 2006 applicant.
Cheers

[quote="Spear"]I have read the statement of changes to to the immigration rules doc and the caseworker instructions and I am not sure where it says applicants under the HSMP judicial review are exempt from the criminality threshold.

Both docs state that HSMP JD are exempt from time period, income and life in UK. But there is no clarification on criminality threshold or general grounds of refusal

Except for the below -
Not sure about the below - Where is paragraph 135(iv) ??? What does it refer to


after paragraph 135G(iv), insert “; and(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.â€

[hsmp2010]

In this doc

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

only detailed mention of HSMP ILR for no points score criteria but for HSMP JR pre Nov 06 no clear mention

[Spear]

The rules do not state that HSMP pre Nov are exempt from the criminality threshold -


From: PROPOSED IMMIGRATION DIRECTORATE INSTRUCTIONS
CHAPTER 6A
6.1 Requirements for indefinite leave to remain – paragraph 245CD:
The requirements are:
(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.


The rules clearly exempt HSMP pre Nov applicants from Life in the UK test since the policy document covers April to Nov HSMPians.

(h) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33BA of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.

The rules clearly exempt HSMP pre Nov applicants from specific income criteria since the policy document covers April to Nov HSMPians.
(f) Where the application is being made under 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.

[musaratnasreen]

In this doc

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

only detailed mention of HSMP ILR for no points score criteria but for HSMP JR pre Nov 06 no clear mention

Sir please read statement of changes in immigration rules item 245CD which says people covered by HSMP ILR JUDICIAL REVIEW to show economic activity only. Now read this HSMP ILR JUDICIAL REVIEW( NOT HSMP FORUM JUDICIAL REVIEW of Apr 2008). It covers pre Nov cases in item 27 for economic activity. Regarding no mention in IDI(immigration directorate instructions) it only discuss contiuous residency requirement as this was the major issue after many people were refused extension and had left. secondly it requires 5 years stay. legally statement of changes in immigration rules is the law and IDI is only information to case workers. I hope this clarifies. Also see hsmp forum official website which also confirms rule change is for post Nov 2006 applicants

[Son_of_Soil]

you are refrering to HSMP ILR JR, which is Different from HSMP JR.I cnt see any mentionimg of EXEMPTION OF LIUK test for HSMP PRE 7TH NOV 2006.

The rules do not state that HSMP pre Nov are exempt from the criminality threshold -


From: PROPOSED IMMIGRATION DIRECTORATE INSTRUCTIONS
CHAPTER 6A
6.1 Requirements for indefinite leave to remain – paragraph 245CD:
The requirements are:
(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.


The rules clearly exempt HSMP pre Nov applicants from Life in the UK test since the policy document covers April to Nov HSMPians.

(h) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33BA of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.

The rules clearly exempt HSMP pre Nov applicants from specific income criteria since the policy document covers April to Nov HSMPians.
(f) Where the application is being made under 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.

[Son_of_Soil]

Can anyone explain the bold statement in the following?which policy doc is being mentioned here?




Applicants who fall into this category (and are not included in the second judgment) will still be
required to meet the continuous leave requirement as specified in the Immigration Rules
(currently 5 years). However, due to the fact that some of this cohort may have spent time not
covered by HSMP leave as a direct result of the changes to the extension Rules, the following
factors should be considered when calculating continuous residence for this group.
• any valid leave obtained prior to the judgment;
• Tier 1 (General) leave issued under the terms of the HSMP Forum Ltd Judicial Review
Policy document;
• the time between the end of the applicant's HSMP leave and the start of the Tier 1 (General) leave issued under the terms of the policy document;
• any valid subsequent leave

[musaratnasreen]

http://www.ukba.homeoffice.gov.uk/worki ... review-09/


If you applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter
You are still required to complete a period of five years' continuous residence in relevant immigration routes before you can apply to settle in the United Kingdom. This is because you did not enter the HSMP until after the Immigration Rules had changed on 3 April 2006. However, you do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application.

you are refrering to HSMP ILR JR, which is Different from HSMP JR.I cnt see any mentionimg of EXEMPTION OF LIUK test for HSMP PRE 7TH NOV 2006.

The rules do not state that HSMP pre Nov are exempt from the criminality threshold -


From: PROPOSED IMMIGRATION DIRECTORATE INSTRUCTIONS
CHAPTER 6A
6.1 Requirements for indefinite leave to remain – paragraph 245CD:
The requirements are:
(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.


The rules clearly exempt HSMP pre Nov applicants from Life in the UK test since the policy document covers April to Nov HSMPians.

(h) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33BA of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.

The rules clearly exempt HSMP pre Nov applicants from specific income criteria since the policy document covers April to Nov HSMPians.
(f) Where the application is being made under 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.

[sunny1407]

Can anyone explain the bold statement in the following?which policy doc is being mentioned here?




Applicants who fall into this category (and are not included in the second judgment) will still be
required to meet the continuous leave requirement as specified in the Immigration Rules
(currently 5 years). However, due to the fact that some of this cohort may have spent time not
covered by HSMP leave as a direct result of the changes to the extension Rules, the following
factors should be considered when calculating continuous residence for this group.
• any valid leave obtained prior to the judgment;
• Tier 1 (General) leave issued under the terms of the HSMP Forum Ltd Judicial Review
Policy document;
• the time between the end of the applicant's HSMP leave and the start of the Tier 1 (General) leave issued under the terms of the policy document;
• any valid subsequent leave

That means the time between the hsmp end and extension as Tier 1 (ppl who might have gone back to home country and came back after JR and were granted the extension) will count towards the ILR required period.

In regards to so many questions asked about the uncertainty of cases between april 06 and nov 06, i think its quite clear that people in that cases are covered and exempt from these changes as is clears from so many moderators posts and the fact that it is clearly mentioned that "JR policy document" are exempt in the revision document.

The JR Policy document not only covers the pre april ruling but also the other judgment. SO I PLEASE BEG PEOPLE TO UNDERSTAND BEFORE PUTTING THESS DOUBTS ON THIS FORUM AS IT CAUSES MORE CONFUSION AND FRUSTRATION FOR PEOPLE AFFECTED!!

[tanvirni]

Hi
What about the proposed consultation to be brought in later in the year? Do you think the link between work permit and settlement will be removed permanently thus people will no longer be entitled to settlement? If so when do you think will this come into effect from? Thanks.

we that still have a long way to go before we qualify for settlement can worry about future change in rule. I just stop worrying about it becasue i thought some people in our group will already get their settlement before any new rule will come as a result of consultation. The rule that will be enforced as a result of consultaion will not be applicable to us.

look at this this way, all the people on hsmp JR are the same group and till tomorrow all of the people in that group will still continue to benefit from the rule in place in their time. I think all the people in the present tier 1 will use this present rule until we all get our settlement without any worry of rule change.

The statement below excert from page 10 and 11 of the link below should make us worry but i will not worry. It will be a joke is come oct 2012 when am to apply for my settlement they ask me to use another rule separate from the present rule. Maybe there will be another court case like HSMP JR.

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


As a first step towards achieving these objectives, there will be some preliminary tightening of the settlement rules from April 2011 which will affect those submitting applications for settlement on or after 6 April. We will consult later in the year on further settlement reforms. However, those making applications for leave to enter or who are already in the UK and apply to switch into an alternative route on or after 6 April 2011 should be aware that the opportunity to apply for settlement and the requirements for applicants may change. Applicants will need to meet the rules in place at the time of their application for settlement.

The following statement may hint the answer under transitional agreement. If they are doing it for intra-company transfer will also do it for WP those granted entry clearance/leave to remain before 6 April 2010.

The new requirements for intra-company
transfers will not apply to those granted entry
clearances before 6 April 2011. Those granted
entry clearance in the Tier 2 Intra-Company
Transfer category before 6 April 2011 will
continue to be able to apply for extensions of
stay beyond 5 years; those admitted under the
Rules in place before 6 April 2010 (when the
relevant Rules change was made) will continue
to be able to qualify for settlement after 5 years
leave in that category.

[themonsoonhunter]

Hi Guys,

Here is my situation,

I entered in UK as Work Permit in 2006 Aug.
Got Tier 1 in 2008 Aug.
Applied for Extension in Jan 2011 and waiting for approval. (early application)

Now I am very much confused with the wording of page 31 section 13 b(ii) wordings. Could you please let me know if I can claim points for my bachelor degree as per table 2 ?

Thanks in advance....

[[iD]]

Hi Guys,

Here is my situation,

I entered in UK as Work Permit in 2006 Aug.
Got Tier 1 in 2008 Aug.
Applied for Extension in Jan 2011 and waiting for approval. (early application)

Now I am very much confused with the wording of page 31 section 13 b(ii) wordings. Could you please let me know if I can claim points for my bachelor degree as per table 2 ?

Thanks in advance....

If rules at the time of your first tier1/hsmp application allowed you to claim points for bachelors degree then they can't take that away from you.

[rajivilr]

Could some one please tell me what happens to people who were on WP when there was no point system like any of the tiers 1 to 5 and have been on the same ever since then.

[psdesai]

Could some one please tell me what happens to people who were on WP when there was no point system like any of the tiers 1 to 5 and have been on the same ever since then.

I belive you would not be affected for salary or age criteria. (Moderators/Senior members please correct me if I am wrong).

[York123]

Hi all,
Can anyone pls tell me if the workpermit holders need to meet any salary criteria? There is no salary criteria when i was granted Workpermit visa initially.
And also if i see the job code & related salary, for how long should I be earning that salary?
Is it for last 1 year or just when we go to Aplly ILR?

[erpfresh]

Hi all,

I have got lot of help from this Forum throughout my cycle from WP to Tier 1
Thank you guys

A small query for the recent ILR changes-
I have arrived in UK on WP nearly at the end of Nov 2006, got HSMP in March 2008, then finally Tier1 in Oct 2010.

WP - HSMP - Tier 1

Can I please know whether i am eligible to apply in Nov 2011 for ILR, also please can someone kindly let me know whether I need to score 75 points or 80 points.

Thanks in advance

[abc_1979]

Hi all,

This forum is a great source of information and thanks to all of you who post their experiences and knowledge here.

Could somebody please confirm if I am eligible to get points for bachelor degree?

on page 6 on this link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

An applicant will be awarded no points for a Bachelor’s degree if:
(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.
i was on:
WP (July 2006- May 2007)
HSMP (May 2007 – May 2009)
Tier 1 (May 2009 – May 2012)
I am planning to apply for ILR in August 2011.
Could somebody please confirm if i can claim the points for Bachelor degree?
Many thanks in advance.
Atul

[emini34]

I did not see anything that relates to maintenance in the new rule. I just want to be sure that I am correct. Anyone see anything relating to maintenance? Guys, u remember in tier 1 we had to show minimum of £800 in bank account for 3 months for principal applicant. Cheers.