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10 YEARS LONG TERM RESIDENCY

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Aryan2013
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Joined: Sat Mar 19, 2011 7:49 pm

Post by Aryan2013 » Sun Apr 17, 2011 2:13 pm

sushdmehta wrote:I must add that unless the government makes an announcement to declare changes (or intention thereof) to long residence immigration rules, any claims in favor or against are just speculation(s) based on individual perception(s).
I sincerely agree with you Mr. Mehta and that's why, we are trying to decipher through links/speeches/resources, what exactly govt. intends to do in next 1 or 2 years :)

Aryan2013
Member of Standing
Posts: 303
Joined: Sat Mar 19, 2011 7:49 pm

Post by Aryan2013 » Sun Apr 17, 2011 3:57 pm

The Home Secretary, Theresa May, on 5 November 2010 said in her speech "If people enter this country saying that they will only stay here temporarily, then it is obvious that they should only stay here temporarily.

Working in Britain for a short period should not give someone the right to settle in Britain. Studying a course in Britain should not give someone the right to settle in Britain.

Settling in Britain should be a cherished right, not an automatic add on to a temporary way in.
"


Recently Mr. Cameron has to say this on settlement "I want Britain to continue to attract the best workers. But it cannot be right that people coming to fill short-term skills gaps can stay long-term.

As the Cross-Party Balanced Migration Group has argued, it is essential we break that link between temporary visas and permanent settlement.

They are right – that's what this Government is determined to do … and we will consult on how best to proceed on this in the coming months.
"


As you can see, Mr. Cameron is not even mentioning students, when he talks about settlement.
As far as I can see, limiting student visa's to 8 years has solved many problem's on the settlement argument and I think on work visa, they will again limit the total stay to 3 or 4 years and then you have to go back home.

I think, its safe to assume that they will leave Long residence route as it is, but may bring some minor changes.

geriatrix
Moderator
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Location: does it matter?
United Kingdom

Post by geriatrix » Sun Apr 17, 2011 5:31 pm

ash786, I am neither disputing your claim that the policy is not expected to change in the near future or supporting khan2015's claim that it will be (abolished) by a specific time frame that he seems to presume for sure.


My response, in part, was a straightforward interpretation of the FOI request that you had quoted - to the effect that it does not appropriately answer the "govt. policy regarding 10 year immigration policy" (because the query itself wasn't about policy but a timetable) and also that the "scope" of the response has limited shelf-life.


But my response did touch upon the following statement or notion thereof in the posts made earlier to mine. Perhaps I was not clear in what I intended to convey, so hopefully the response below will go a bit further than before.
ash786 wrote:2. Our point was to explain that if they thinking about changing any policy, under the FOI act they are obliged to respond to the request.
Respond - yes, but response can be a refusal to divulge or that the query does not fall within the purview of FOI Act.
Respond with an obligation to provide the "policy information" - no.

Request for information under FOI Act can be refused (see section 17) for various reasons (e.g. - see section 2(1)(b)). Also, information intended for future publication is exempt from FOI Act. (see section 22) - and in context of immigration rules such information includes intent, policy, actual changes to rules, etc..

Therefore, if the expectation is that "we can become aware of future immigration policy" (regarding the 10 year category or any other) through the FOI Act route, then the expectation may not be fulfilled - because Home Office can easily take refuge behind the very sections of FOI Act that I have provided the links for, as they have shown in response to one other request that I had referred to in my post above.
Life isn't fair, but you can be!

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Sun Apr 17, 2011 8:06 pm

sushdmehta wrote:ash786, I am neither disputing your claim that the policy is not expected to change in the near future or supporting khan2015's claim that it will be (abolished) by a specific time frame that he seems to presume for sure.


My response, in part, was a straightforward interpretation of the FOI request that you had quoted - to the effect that it does not appropriately answer the "govt. policy regarding 10 year immigration policy" (because the query itself wasn't about policy but a timetable) and also that the "scope" of the response has limited shelf-life.


But my response did touch upon the following statement or notion thereof in the posts made earlier to mine. Perhaps I was not clear in what I intended to convey, so hopefully the response below will go a bit further than before.
ash786 wrote:2. Our point was to explain that if they thinking about changing any policy, under the FOI act they are obliged to respond to the request.
Respond - yes, but response can be a refusal to divulge or that the query does not fall within the purview of FOI Act.
Respond with an obligation to provide the "policy information" - no.

Request for information under FOI Act can be refused (see section 17) for various reasons (e.g. - see section 2(1)(b)). Also, information intended for future publication is exempt from FOI Act. (see section 22) - and in context of immigration rules such information includes intent, policy, actual changes to rules, etc..

Therefore, if the expectation is that "we can become aware of future immigration policy" (regarding the 10 year category or any other) through the FOI Act route, then the expectation may not be fulfilled - because Home Office can easily take refuge behind the very sections of FOI Act that I have provided the links for, as they have shown in response to one other request that I had referred to in my post above.
Hi everyone thanks all of you to be a part of this conversation.first of all please read this link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
about the current Tier 1 General extensions starting after April 2012 in this
statement they clearly shows that someone who apply for Tier1 General needs to have a highly skilled employment at the time of their extensions please read ''Explanatory Memoranda'' on the Page 2 clause 7.3 please read what i have mentioned to you guys in clear about current Tier 1 General Extensions after April 2012(because the extensions starts after April 2012) because this rule implemented on April 2010.
As far as Long residence is concerned this category is also under consideration whether they will do a minor/major changes but this will happen within couple of months normally july 2011.Once again we are talking about FOI they wouldn't / are not allowed to disclose any future policies unless they are announced according to FOI they can only provide the data about previous records we can collect any previous records or any policies /laws but how they can disclose any future laws/policies when its not announced yet.
we are here to provide others a way to look real not to just close your eyes n later on look worried.
alwayskeep urself most updated so you can prepare urself for the bad time at least you can secure yourself in time of danger.
any questions are welcome
thanks a lot

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Sun Apr 17, 2011 8:55 pm

khan2015 wrote:about the current Tier 1 General extensions starting after April 2012 in this statement they clearly shows that someone who apply for Tier1 General needs to have a highly skilled employment at the time of their extensions please read ''Explanatory Memoranda'' on the Page 2 clause 7.3 please read what i have mentioned to you guys in clear about current Tier 1 General Extensions after April 2012(because the extensions starts after April 2012) because this rule implemented on April 2010.
Thanks for that, I went through Clause 7.3 but Clause 7.4 clearly states that this will not affect previous Tier 1 holders, only Tier 1 (General) Migrant under the rules in place on or after 6 April 2010.
Goodluck.

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Sun Apr 17, 2011 9:05 pm

Aryan2013 wrote:As you can see, Mr. Cameron is not even mentioning students, when he talks about settlement.
As far as I can see, limiting student visa's to 8 years has solved many problem's on the settlement argument and I think on work visa, they will again limit the total stay to 3 or 4 years and then you have to go back home.

I think, its safe to assume that they will leave Long residence route as it is, but may bring some minor changes.
I personally believe it they want to cut the tie between work permits and ILR then there is no need to limit number of years on WP, they can simply just break the link; If employers want someone to work for them in the UK on WP then that should be fine.

Another argument is if they don't limit the years on WP then people can simply stay for 10 years on WP and then get settlement. Well if someone manage to stay here on WP for 10 years then that clearly means that country needs him/her so why not just accept the fact that he is needed in the country or company and he deserves ILR.

10 years long residence, I believe they can just increase the years to 12-14 or whatever number they like. my two cents.
Goodluck.

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Sun Apr 17, 2011 9:30 pm

[iD] wrote:
Aryan2013 wrote:As you can see, Mr. Cameron is not even mentioning students, when he talks about settlement.
As far as I can see, limiting student visa's to 8 years has solved many problem's on the settlement argument and I think on work visa, they will again limit the total stay to 3 or 4 years and then you have to go back home.

I think, its safe to assume that they will leave Long residence route as it is, but may bring some minor changes.
I personally believe it they want to cut the tie between work permits and ILR then there is no need to limit number of years on WP, they can simply just break the link; If employers want someone to work for them in the UK on WP then that should be fine.

Another argument is if they don't limit the years on WP then people can simply stay for 10 years on WP and then get settlement. Well if someone manage to stay here on WP for 10 years then that clearly means that country needs him/her so why not just accept the fact that he is needed in the country or company and he deserves ILR.

10 years long residence, I believe they can just increase the years to 12-14 or whatever number they like. my two cents.
Hi
yes of course this rule applies on all current Tier 1G holders who applied after 6th April 2010 thats what my point was.the T1 holders before April 2010 they just need to show they have a job but for those who got only 2 years T1 General they must have to show Highly Skilled High Employment at the time of extension ''JUST A PROOF FOR MR ASH'' NOTHING ELSE.for those applicants who applied between 6th April 2010 till 6th April 2011 thousands of applicants had applied between these terms they have to show highly skilled employment at the time of extensions.
as i have given a link already so everyone could see that this is a law now.
one more thing about the existing migrants who will come under 10 years long category
for those who will come in future or who are here from last 4/5 years they would not be able to apply for settlement unless they qualify in a reasonable category
for those who already here for a long time means 8-9 years the government would trap them by making this category so hard that they wouldn't be able to apply for settlement under this category
for new comers they know that they have tightened the system already they are not worried about new comers.
Government is worried about those who already in uk for a long time and they are near to apply for settlement they would control them they would do it definitely so no any doubt it .
so thats the way we would be dealth in future so be prepare for that unless u proof lucky for yourself.
thanks

jager
Junior Member
Posts: 79
Joined: Wed May 19, 2010 7:37 pm

Post by jager » Sun Apr 17, 2011 9:49 pm

In general, most European countries are required to grant PR to non-EEA nationals after 5 years of legal residency

http://eur-lex.europa.eu/LexUriServ/Lex ... 109:EN:NOT

Duration of residence

1. Member States shall grant long-term resident status to third-country nationals who have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application.

See Chapter II, articles 4-5. However, the UK, Ireland and Denmark all opted out and are not bound by this.

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Sun Apr 17, 2011 10:26 pm

Re:ID
thanks mate but what about Tier 1 General do you really think anyone knows about it that the Government will abolish this before July 2010.
No no one even can think about that it will finish but they did it.
so if you are saying its dump/childish what should someone say to you if in coming months they made this category so hard that only fewer people could apply.
Everything is possible nothing is impossible .they have their paper work and they are implementing the rules in steps the last step is to announce the policy of Settlement which needs to announce within couple of months time.
So be a realistic as I always said.
Thanks

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Sun Apr 17, 2011 11:30 pm

khan2015 wrote: Re:ID
thanks mate but what about Tier 1 General do you really think anyone knows about it that the Government will abolish this before July 2010.
No no one even can think about that it will finish but they did it.
so if you are saying its dump/childish what should someone say to you if in coming months they made this category so hard that only fewer people could apply.
Everything is possible nothing is impossible .they have their paper work and they are implementing the rules in steps the last step is to announce the policy of Settlement which needs to announce within couple of months time.
So be a realistic as I always said.
Thanks
I was personally expecting them to close Tier 1 TBH because with the frequency they made changes suggested that whatever they tried in the past didn't work and as the last resort they were to close it.

I never said it's dumb to say that they would close long residency route. I just say it's dumb to use stupid language when we don't agree with someone's view.

Also, I never said they would not close long residency route or make it harder. In fact, we all know that they are trying to make it as harder as they can to stop people playing the system.
Goodluck.

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Mon Apr 18, 2011 1:34 am

[iD] wrote:
khan2015 wrote: Re:ID
thanks mate but what about Tier 1 General do you really think anyone knows about it that the Government will abolish this before July 2010.
No no one even can think about that it will finish but they did it.
so if you are saying its dump/childish what should someone say to you if in coming months they made this category so hard that only fewer people could apply.
Everything is possible nothing is impossible .they have their paper work and they are implementing the rules in steps the last step is to announce the policy of Settlement which needs to announce within couple of months time.
So be a realistic as I always said.
Thanks
I was personally expecting them to close Tier 1 TBH because with the frequency they made changes suggested that whatever they tried in the past didn't work and as the last resort they were to close it.

I never said it's dumb to say that they would close long residency route. I just say it's dumb to use stupid language when we don't agree with someone's view.

Also, I never said they would not close long residency route or make it harder. In fact, we all know that they are trying to make it as harder as they can to stop people playing the system.
Hi guys all we have to do just wait n see but always keep ourself updated

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Mon Apr 18, 2011 2:14 am

khan2015 wrote: Hi guys all we have to do just wait n see but always keep ourself updated
Also, even for T1 holders from who got their stay according to the rules in place on or after 6 April 2010, I can't the information where HO said they can't be self employed. Would appreciate if you could show me.
Goodluck.

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Mon Apr 18, 2011 7:15 am

[iD] wrote:
khan2015 wrote: Hi guys all we have to do just wait n see but always keep ourself updated
Also, even for T1 holders from who got their stay according to the rules in place on or after 6 April 2010, I can't the information where HO said they can't be self employed. Would appreciate if you could show me.
Hi

If I am working for a company or in a company i would consider my self as an employed but if you are working for yourself you would be self-employed not considered as an employed.
If everyone shows that they are doing self emplyment/business which they considered as so called highly skilled business in order to show a highly skilled job for extension then it wouldn't work.
the purpose to show a HSjob for extension is that they must be in highly skilled employment not doing or can't show an low skilled job.
around 99% current Tier1 general would show self employment as a highly skilled job in order to get extension infact they are doing low skilled job but they can't show that low skilled job.
what will happen when they file application for extension the home office will contact to HMRC(bcause they have applicant's NI) to make a query about their job of course if some is doing a low skilled job it will show on his NI and also they would show self Employed(£35,000-£40,000)as well.
but when they file a tax return they have to show that they are in other employment as well.for example someone is earning £20,000 from a low skilled job(like sales assistant/security/etc) but this will not help him he has to show £35,000-£40,000 on highly skilled employment so definately with the help of accountant he would show extra £35,000-£40,000 in order to get extension.
all together he is earning £55,000-£60,000 at least in one year if you earn more than £40,000 tax ratio would be 40% not just 23.5%.
if a guy is genuinely doing a business then he would have only one job that would be self employment/business.
so it would be hard for those who are not in Highly skilled Job to get extension because they have already mentioned a person should be in Highly Skilled Employment.
thanks

sunmoon
Member
Posts: 171
Joined: Mon Jan 24, 2011 5:27 am

Post by sunmoon » Mon Apr 18, 2011 10:03 am

khan2015 wrote:
[iD] wrote:
khan2015 wrote: Hi guys all we have to do just wait n see but always keep ourself updated
Also, even for T1 holders from who got their stay according to the rules in place on or after 6 April 2010, I can't the information where HO said they can't be self employed. Would appreciate if you could show me.
Hi

If I am working for a company or in a company i would consider my self as an employed but if you are working for yourself you would be self-employed not considered as an employed.
If everyone shows that they are doing self emplyment/business which they considered as so called highly skilled business in order to show a highly skilled job for extension then it wouldn't work.
the purpose to show a HSjob for extension is that they must be in highly skilled employment not doing or can't show an low skilled job.
around 99% current Tier1 general would show self employment as a highly skilled job in order to get extension infact they are doing low skilled job but they can't show that low skilled job.
what will happen when they file application for extension the home office will contact to HMRC(bcause they have applicant's NI) to make a query about their job of course if some is doing a low skilled job it will show on his NI and also they would show self Employed(£35,000-£40,000)as well.
but when they file a tax return they have to show that they are in other employment as well.for example someone is earning £20,000 from a low skilled job(like sales assistant/security/etc) but this will not help him he has to show £35,000-£40,000 on highly skilled employment so definately with the help of accountant he would show extra £35,000-£40,000 in order to get extension.
all together he is earning £55,000-£60,000 at least in one year if you earn more than £40,000 tax ratio would be 40% not just 23.5%.
if a guy is genuinely doing a business then he would have only one job that would be self employment/business.
so it would be hard for those who are not in Highly skilled Job to get extension because they have already mentioned a person should be in Highly Skilled Employment.
thanks
Dear Mr Khan could you please re-phrase your last post for the forum. I can understand your point but you should post links or a strong acceptable explanation in favour of your claim otherwise members might not accept it. thanks for your effort.

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Mon Apr 18, 2011 11:56 am

sunmoon wrote:
khan2015 wrote:
[iD] wrote:
khan2015 wrote: Hi guys all we have to do just wait n see but always keep ourself updated
Also, even for T1 holders from who got their stay according to the rules in place on or after 6 April 2010, I can't the information where HO said they can't be self employed. Would appreciate if you could show me.
Hi

If I am working for a company or in a company i would consider my self as an employed but if you are working for yourself you would be self-employed not considered as an employed.
If everyone shows that they are doing self emplyment/business which they considered as so called highly skilled business in order to show a highly skilled job for extension then it wouldn't work.
the purpose to show a HSjob for extension is that they must be in highly skilled employment not doing or can't show an low skilled job.
around 99% current Tier1 general would show self employment as a highly skilled job in order to get extension infact they are doing low skilled job but they can't show that low skilled job.
what will happen when they file application for extension the home office will contact to HMRC(bcause they have applicant's NI) to make a query about their job of course if some is doing a low skilled job it will show on his NI and also they would show self Employed(£35,000-£40,000)as well.
but when they file a tax return they have to show that they are in other employment as well.for example someone is earning £20,000 from a low skilled job(like sales assistant/security/etc) but this will not help him he has to show £35,000-£40,000 on highly skilled employment so definately with the help of accountant he would show extra £35,000-£40,000 in order to get extension.
all together he is earning £55,000-£60,000 at least in one year if you earn more than £40,000 tax ratio would be 40% not just 23.5%.
if a guy is genuinely doing a business then he would have only one job that would be self employment/business.
so it would be hard for those who are not in Highly skilled Job to get extension because they have already mentioned a person should be in Highly Skilled Employment.
thanks
Dear Mr Khan could you please re-phrase your last post for the forum. I can understand your point but you should post links or a strong acceptable explanation in favour of your claim otherwise members might not accept it. thanks for your effort.
hi all i am saying that the reason to show a highly skilled job at the time of extensions because ho wants to see that you must be doing a highly skilled job if you are self employed n you are working any other job plus you are showing your whole income from self employed wouldnt work in your favour.because if ho have checked your national insurance then it might not good because lot of people they are cheating ho by showing so called expenses through accountants in order to avoid actual tax they need to pay.
do u agree with me or not that they have to show a highly skilled job at the time of extension.
if no there is a link above
if yes then u must be in highly skilled job to get your extension
any questions are welcome

sunmoon
Member
Posts: 171
Joined: Mon Jan 24, 2011 5:27 am

Post by sunmoon » Mon Apr 18, 2011 1:07 pm

khan2015 wrote:
hi all i am saying that the reason to show a highly skilled job at the time of extensions because ho wants to see that you must be doing a highly skilled job if you are self employed n you are working any other job plus you are showing your whole income from self employed wouldnt work in your favour.because if ho have checked your national insurance then it might not good because lot of people they are cheating ho by showing so called expenses through accountants in order to avoid actual tax they need to pay.
do u agree with me or not that they have to show a highly skilled job at the time of extension.
if no there is a link above
if yes then u must be in highly skilled job to get your extension
any questions are welcome
i'm 100% agree with you. I am always again't this abuse of the T 1 route. For that massive abuse lots of real highly skilled people are missing the fantastic opportunity now. What HO are doing now they should have done it long time ago, it was really surprising and frustrating how HO was giving points for the degrees obtained from those Shop-top colleges and for those so called 'paper only' self employment earning. People was granted T1 who didn't even go to the college, just paid some money and got the certificates and UK university ! they didn't even dream of going there. Those who abuse the system should caught in some stage anyway, either during extension or during ILR.
I know I'll be under attack and abusive comments after this post but it wouldn't bother me at all.

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Mon Apr 18, 2011 5:25 pm

sunmoon wrote:
khan2015 wrote:
hi all i am saying that the reason to show a highly skilled job at the time of extensions because ho wants to see that you must be doing a highly skilled job if you are self employed n you are working any other job plus you are showing your whole income from self employed wouldnt work in your favour.because if ho have checked your national insurance then it might not good because lot of people they are cheating ho by showing so called expenses through accountants in order to avoid actual tax they need to pay.
do u agree with me or not that they have to show a highly skilled job at the time of extension.
if no there is a link above
if yes then u must be in highly skilled job to get your extension
any questions are welcome
i'm 100% agree with you. I am always again't this abuse of the T 1 route. For that massive abuse lots of real highly skilled people are missing the fantastic opportunity now. What HO are doing now they should have done it long time ago, it was really surprising and frustrating how HO was giving points for the degrees obtained from those Shop-top colleges and for those so called 'paper only' self employment earning. People was granted T1 who didn't even go to the college, just paid some money and got the certificates and UK university ! they didn't even dream of going there. Those who abuse the system should caught in some stage anyway, either during extension or during ILR.
I know I'll be under attack and abusive comments after this post but it wouldn't bother me at all.
Re:summon
if someone is doing a wrong thing he should be caught but we all know what self emplyed look like but it was so strange why they were just getting their LTR while showing extra income with the help of self employment so that needs to be stopped.that'swhy they put a restriction on extension that HS job is complusory that's what i gave my recommendations to HO how to deal with such people.
Any Questions are welcome

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Wed Apr 20, 2011 7:35 pm

khan2015 wrote:
hi all i am saying that the reason to show a highly skilled job at the time of extensions because ho wants to see that you must be doing a highly skilled job if you are self employed n you are working any other job plus you are showing your whole income from self employed wouldnt work in your favour.because if ho have checked your national insurance then it might not good because lot of people they are cheating ho by showing so called expenses through accountants in order to avoid actual tax they need to pay.
do u agree with me or not that they have to show a highly skilled job at the time of extension.
if no there is a link above
if yes then u must be in highly skilled job to get your extension
any questions are welcome
Just a couple of things.
People who are cheating and not paying taxes is a different issue and has nothing to do with people who are not 'cheating'.

What's the highest skill job you can have other than being a Managing Director of a successful business. I run my own business, pay my taxes, keep my records up to date and yes I earn enough to qualify for points I require. Does that mean I am cheating, or not highly skilled?

Again, I'd like to ask you if you can quote HO saying that people should be working for someone else and not running their own business. Find me that line and I'll accept your point. I'm running short of time but I'd go through the new guidance note to check if they have anything about people who applied after 2010.

For now whatever you are saying is based on nothing but nothing. i.e. speculations.
Goodluck.

xleft
- thin ice -
Posts: 94
Joined: Fri Nov 20, 2009 11:40 pm

Post by xleft » Wed Apr 20, 2011 10:04 pm

For now whatever you are saying is based on nothing but nothing. i.e. speculations.
Exactly!

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Post by khan2015 » Thu Apr 21, 2011 5:39 pm

[iD] wrote:
khan2015 wrote:
hi all i am saying that the reason to show a highly skilled job at the time of extensions because ho wants to see that you must be doing a highly skilled job if you are self employed n you are working any other job plus you are showing your whole income from self employed wouldnt work in your favour.because if ho have checked your national insurance then it might not good because lot of people they are cheating ho by showing so called expenses through accountants in order to avoid actual tax they need to pay.
do u agree with me or not that they have to show a highly skilled job at the time of extension.
if no there is a link above
if yes then u must be in highly skilled job to get your extension
any questions are welcome
Just a couple of things.
People who are cheating and not paying taxes is a different issue and has nothing to do with people who are not 'cheating'.

What's the highest skill job you can have other than being a Managing Director of a successful business. I run my own business, pay my taxes, keep my records up to date and yes I earn enough to qualify for points I require. Does that mean I am cheating, or not highly skilled?

Again, I'd like to ask you if you can quote HO saying that people should be working for someone else and not running their own business. Find me that line and I'll accept your point. I'm running short of time but I'd go through the new guidance note to check if they have anything about people who applied after 2010.

For now whatever you are saying is based on nothing but nothing. i.e. speculations.
RE:ID
If you are running your business and doing any low skilled job part time then you shouldn't to be worried I know here in uk there are only few people who are doing their own business so if you are doing your own business in real then you are safe.
Please If you don't know anything what's gonna happen for those who are would apply for their extensions for Tier1 General after April 2012 then please follow the rules and then say anything.thanks
Those who are in low skilled full time employment and are showing self employment on just papers would be in trouble at the time of their extensions.make a note of it somewhere right.
thanks

stoorrey
Junior Member
Posts: 80
Joined: Wed May 05, 2010 8:53 am

About Tier 1 (General) Extention after April2012

Post by stoorrey » Thu Apr 21, 2011 7:03 pm

[iD] wrote:
khan2015 wrote:about the current Tier 1 General extensions starting after April 2012 in this statement they clearly shows that someone who apply for Tier1 General needs to have a highly skilled employment at the time of their extensions please read ''Explanatory Memoranda'' on the Page 2 clause 7.3 please read what i have mentioned to you guys in clear about current Tier 1 General Extensions after April 2012(because the extensions starts after April 2012) because this rule implemented on April 2010.
Mr. Khan can you kindly mention where exactly it says that extension of Tier 1 (general) after April 2012 will need that the applicant must be in Highly Skilled Employment, and also can you please show me where it says that self-employment/Business for extension will not be accepted. i have read the clause 7.3 on page 2 but i can’t find any such information. i am copying the Para from your link as follows: Can you show me where is this information? Or there is lack of comprehension on my part or your part.


"7.3 The following changes are being made to the Tier 1 (General) category, following
recommendations by the Migration Advisory Committee:
yy The points that migrants may score are being amended, the principal changes being:
{{ Increases in the previous earnings thresholds, with the minimum threshold rising from
£20,000 to £25,000;
{{ Provision for migrants with Bachelor’s degrees, or no degree, to qualify under this
category of their previous earnings are high enough; and
{{ More generous age thresholds, with points awarded to initial applicants under 40, raised
from under 32 at present.
yy An employment restriction is being added stating that Tier 1 (General) Migrants may not
be employed as a professional sportsperson (including as a sports coach). This prevents
professional sportspeople circumventing the governing body endorsement system in place
under the sporting categories in Tier 2 and Tier 5. This is similar to the existing restrictions
for Youth Mobility Scheme and Tier 4 migrants, which exist for the same purpose.
yy Successful applicants will be granted leave for 2 years initially, rather than 3 years as at
present. This will be followed by a 3-year extension, rather than 2 years as at present. The
purpose of this change is to test that the migrant has become engaged in highly skilled
employment in the UK at an earlier stage.
7.4 Transitional arrangements are being provided to ensure that migrants already in the UK under
Tier 1 (General) or one of its predecessor categories are not adversely affected by the changes
in 7.3 above. The previous points criteria and periods of leave are being retained for extension
applications for these migrants;
7.5 The existing restrictions for Tier 1 migrants in all categories on employment as a doctor in
training are being amended in three ways........................."

Thanks a lot

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Re: About Tier 1 (General) Extention after April2012

Post by khan2015 » Thu Apr 21, 2011 8:04 pm

Mr storrey if you read this post completely you could easily under my point what i am trying to say or wait till April 2012 then you would easily found what will happen.I have already given an explanation regarding this same question asked by someone please could you please bother to read this post again.thanks

stoorrey
Junior Member
Posts: 80
Joined: Wed May 05, 2010 8:53 am

Re: About Tier 1 (General) Extention after April2012

Post by stoorrey » Fri Apr 22, 2011 8:55 am

khan2015 wrote:Mr storrey if you read this post completely you could easily under my point what i am trying to say or wait till April 2012 then you would easily found what will happen.I have already given an explanation regarding this same question asked by someone please could you please bother to read this post again.thanks
Mr.Khan i have already read this post completely and nowhere did i find that HO says that the applicant must be in Highly Skilled Employment. HO did say that while extending your visa you will need the same criteria of earning on the basis of which your were granted the visa for the first time. All your explanation is based on assumptions, which might prove correct or wrong, but at the moment there is no such thing. And your explanation dost count, its HO that have to say somthing. HO office never said in clear terms that for extension you will need to be in Highly Skilled Employment. Anyway thanks a lot for you explanation. By the way don’t get upset when some one contradict your opinion, its just a forum.......we want to benefit from you expertise and information.
thanks

khan2015
Junior Member
Posts: 75
Joined: Fri Jan 28, 2011 8:19 am

Re: About Tier 1 (General) Extention after April2012

Post by khan2015 » Fri Apr 22, 2011 5:48 pm

HO office never said in clear terms that for extension you will need to be in Highly Skilled Employment.
Re:you need a highly skilled employment at the time of extension it clearly says in the HO statement of changes in March 2010 as I have mentioned Earlier.What you are saying that HO never said like this that you need a highly skilled Employment at the time of extensions for those who granted leave after April 2010.
Kindly could you please tell me the difference between Employed and Self Employed.
In HO statement It is quite clear that you need a Highly Skilled employment at the time of extension whether you accept this or not but it's a fact.
thanks

ash786
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Joined: Wed Jun 24, 2009 8:57 pm

Re: About Tier 1 (General) Extention after April2012

Post by ash786 » Thu Apr 28, 2011 9:00 pm

"khan2015"

1. Hi Khan2015 I was just wondering if you can put sum light on the following post (15 April 2011) by you.
2. According to the post below, your 10 Years ILR will be in Feb 12.
3. You then said that and i quote

"but just to tell you in advance because things can happen but i hope not later than march/april 2012"

4. It is a bit surprising that u guna apply in Feb 2012 and the changes will be from March/April 2012.


"Hi I am also in the same position like you shoba but the thing is that my 10 years are going to complete in march and i can apply in feb-12(28 days before) but as you are not aware of the next phase of Government's Immigration Policy which is due to announce within couple of months time.Every single route which leads to settlement would be discussed so probably in order to avoid settlement chances Government will do some certain and possible changes to all routes towards ILR.
My resourses has said the Government can not abolish this long residency route but they can put some certain checks like as they have already mentioned that the students who came in 2004 are still in UK even in 2010 so most probably they would add this that if someone is on student visa for more than 5 years his/her period of student wouldn't incluse in long residency because they are two solid reasons
1.they have a proof that student visas were abused in uk
2.they have maximise student's stay to 5 years in this
country
but just to tell you in advance because things can happen but i hope not later than march/april 2012.
I hope we will be safe till then but of course we have to be more realistic then living in dreams ..............
in short any changes to settlement will implement from March/ April 2012.
thanks any questions would be welcome"

5. I started a topic (but a student with a rejected application started a personal fight so it is closed) and you said the following on (28th April 2011) and i quote,


"Mr whenever you would take the oath for citizenship you must be loyal to this country otherwise do not take the oath.I took the oath so I am and will think for the best of this country and whenever they need me.....of course you must be sad now .Crying or Very sad
To which friend are you talking about?anyways whatever he is you can tell him whatever you want and trust me I am not bothered at all.I really do not care about it.I think you better understand now.
In the last I would always make sure with HO after consulting with this forum so the thing which you are telling me to do I am already doing this so you shouldn't be bothered about me at all just keep giving a miserable hope to others while hiding the actual facts.
Consultation takes only couple of hours for me not 28 days I do not waste my time at all I always prefer to do my job quickly and perfectly so no one can claim anything"

6. So both posts are yours right.
7. From 15th April 2011 you were waiting for your 10 years long residence due in Feb 2012 but on the 28th April 2011 you took oath in your citizenship ceremony.
8. That was very quick from sumbody waiting for ILR in Feb 2012 took the oath in 2 weeks...very surprising journey.

9. If anybody wants to read the posts i have pasted the links below.

http://www.immigrationboards.com/viewto ... sc&start=0

http://www.immigrationboards.com/viewto ... sc&start=0

10. I quote "Just keep giving a miserable hope to others while hiding the actual facts" well i am sure any sensible person by reading the above information about your posts can easily decide who is giving the misleading information.

11. I am sure i am not going to get an answer for the above Right Khan2015 :o :o

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