Tier 2 ILR - Impacted by changes from Apr 6th

[Akartikeyan]

Hi,

I have been in UK since May 2006 on a Work Permit( intra company Transfer). I have been with the same employer since last 5 yrs.

I was eligible to apply for my ILR on 16th Apr. But as per the recent changes announced there is a requirement for minimum salary as per the Codes of practise. I don't currently meet this requirement will this impact my settlement application that i am planning to make on 18th Apr? Or are the new rules for future applicants only.

I do have a current job offer that meets the minimum salary requirement with the same employer but that will probably start only towards end of April that is after my application due date.

Any suggestions/advice welcome.

[sarath1212]

Ho w do you know you are not eligible as per the Code of practise.I think you're on 5Yr WP so it shouldn't be an issue. Any how wait for the experts comments.

I was eligible to apply for my ILR on 16th Apr. But as per the recent changes announced there is a requirement for minimum salary as per the Codes of practise. Any suggestions/advice welcome.

[Akartikeyan]

Ho w do you know you are not eligible as per the Code of practise.I think you're on 5Yr WP so it shouldn't be an issue. Any how wait for the experts comments.

I was eligible to apply for my ILR on 16th Apr. But as per the recent changes announced there is a requirement for minimum salary as per the Codes of practise. Any suggestions/advice welcome.

As the new changes effective from 6th April mention Income Requirement as a criteria, I am a bit confused on how this will impact my eligibility criteria.

Though I meet all other criteria's and have all the document required Not sure if Income Requirement as per the Code of practise will be effected by eligibility or not ...hopefully someone can clarify

[geriatrix]

Accept the new job offer, start working in the new poisition and apply for settlement then.

[Akartikeyan]

Accept the new job offer, start working in the new poisition and apply for settlement then.

My Visa expires on 2nd May, while I can apply for the settlement only after 16th Apr ( as I entered UK on 14th May 2006).

So if I need to continue, I either need to apply for ILR or get my sponsor to extend the work permit.

I have already accepted the offer, the new role might start only towards end of April. So I am a bit short of time. If I don't meet the ILR criteria then I need to ask my sponsor to extend the work permit.

Was hoping someone here would have a better understanding and guide me on the impact of the new changes

[geriatrix]

There is no reference in the statement of changes to immigration rules to suggest that these (new) rules may not apply to you .. because you are an existing migrant and these (new) rules will only apply to new migrants entering the system on/after 06-Apr-11.

So, unless you are eligible to apply for settlement before 06-Apr-11, the only way for you to apply for settlement is to meet the new requirements. If you cannot, you'll need to apply for extension as Tier 2 migrant.

[Akartikeyan]

There is no reference in the statement of changes to immigration rules to suggest that these (new) rules may not apply to you .. because you are an existing migrant and these (new) rules will only apply to new migrants entering the system on/after 06-Apr-11.

So, unless you are eligible to apply for settlement before 06-Apr-11, the only way for you to apply for settlement is to meet the new requirements. If you cannot, you'll need to apply for extension as Tier 2 migrant.

Thanks, that is my understanding also.

[sarath1212]

Please can you let me know the link where did you find the salary criteria for the relevant code of practice?

There is no reference in the statement of changes to immigration rules to suggest that these (new) rules may not apply to you .. because you are an existing migrant and these (new) rules will only apply to new migrants entering the system on/after 06-Apr-11.

So, unless you are eligible to apply for settlement before 06-Apr-11, the only way for you to apply for settlement is to meet the new requirements. If you cannot, you'll need to apply for extension as Tier 2 migrant.

Thanks, that is my understanding also.

[geriatrix]

Codes of practice

[pravdiss]

I fall into the same category (work permit), I am eligible for ILR on OCT 2011. I am short of few pennies on the required hourly rate. I cannot understand Akartikeyan's advise to re-apply for extension as Tier 2 migrant because to extend are you not supposed to have the same earning requirement as ILR?

There is no reference in the statement of changes to immigration rules to suggest that these (new) rules may not apply to you .. because you are an existing migrant and these (new) rules will only apply to new migrants entering the system on/after 06-Apr-11.

So, unless you are eligible to apply for settlement before 06-Apr-11, the only way for you to apply for settlement is to meet the new requirements. If you cannot, you'll need to apply for extension as Tier 2 migrant.

[noor1034]

I fall into the same category (work permit), I am eligible for ILR on OCT 2011. I am short of few pennies on the required hourly rate. I cannot understand Akartikeyan's advise to re-apply for extension as Tier 2 migrant because to extend are you not supposed to have the same earning requirement as ILR?

There is no reference in the statement of changes to immigration rules to suggest that these (new) rules may not apply to you .. because you are an existing migrant and these (new) rules will only apply to new migrants entering the system on/after 06-Apr-11.

So, unless you are eligible to apply for settlement before 06-Apr-11, the only way for you to apply for settlement is to meet the new requirements. If you cannot, you'll need to apply for extension as Tier 2 migrant.

How are you calculating hourly rate ? What is your job title ?

[pravdiss]

salary/(weekly hours*52) = hourly rate

I am a project engineer so my category is "Engineering professionals not elsewhere classified"

I fall into the same category (work permit), I am eligible for ILR on OCT 2011. I am short of few pennies on the required hourly rate. I cannot understand Akartikeyan's advise to re-apply for extension as Tier 2 migrant because to extend are you not supposed to have the same earning requirement as ILR?

There is no reference in the statement of changes to immigration rules to suggest that these (new) rules may not apply to you .. because you are an existing migrant and these (new) rules will only apply to new migrants entering the system on/after 06-Apr-11.

So, unless you are eligible to apply for settlement before 06-Apr-11, the only way for you to apply for settlement is to meet the new requirements. If you cannot, you'll need to apply for extension as Tier 2 migrant.

How are you calculating hourly rate ? What is your job title ?