Changes to settlement to be implemented in April 2012

[jager]

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

See page 43.

http://www.number10.gov.uk/wp-content/u ... -Plan1.pdf

Page 23.

[silversurfer]

From 2011/12 we will also implement new
settlement rules to:
• ensure that economic migrants meet an
intermediate English-language level before they
are granted settlement
• require those who fail to meet the Englishlanguage
level to leave the country
• require former economic migrants to continue
to meet the salary threshold required when they
seek to extend their stay in the UK
• introduce a new criminality test for all
applications for settlement
• cap at five years the maximum period for
which new intra-company transferees can stay in
the UK

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

Page 26

Consult on further changes to settlement rules to break the link between temporary migration and settlement.
Start: May 2011 ; End: Sep 2011

http://www.number10.gov.uk/wp-content/u ... -Plan1.pdf

Page 23

[Tier1_ILR_Applicant]

Thank you! This is very useful information. So in your view would i be right in saying that the consultation for changing settlement rules will take place between May 2011 and Sep 2011 and any outcome/recommendations from this consultation will be implemented in April 2012? Is this the correct interpretation?

[sojan]

I really wonder how they do all these so systematic and fast !!

We need to really see what's their plan in breaking settlement w.r.t to existing Visa category.
1. The worrying thing is "require those who fail to meet the English-
language level to leave the country" .. is it single chance?

I feel business plan focus is on "which new intra-company transferees can stay in the UK." Also EU state that 5 years continous resdency should grant permanent residency.
So we need to watch any changes in EU legistlation also.

[jager]

Also EU state that 5 years continous resdency should grant permanent residency.

The EU law doesn't apply to the UK (and Ireland and Denmark), as they opted out of the provision.

[jager]

Thank you! This is very useful information. So in your view would i be right in saying that the consultation for changing settlement rules will take place between May 2011 and Sep 2011 and any outcome/recommendations from this consultation will be implemented in April 2012? Is this the correct interpretation?

No-one knows beyond the fact that there will be a consultation this year. The UKBA plan only states that by April 2012 (or in April 2012?) there will be unspecified settlement changes and (further?) consultation. This statement is notably missing from the Home Office plan.

[atikhonee]

What is this ?



Reforming settlement
On 29 November 2010 we introduced Englishlanguage
requirements for spouses seeking to settle
in the UK. Partners of residents who are not from
Europe must now show that they can speak and
understand English. This will help them become
integrated into British society. Partners who are
not nationals of a country where the majority
of people speak English or do not have a degree
taught in English must pass an English-language
test with one of our approved test providers. The
new requirement applies to applications for entry
clearance, leave to enter, leave to remain and further
leave to remain. It does not apply to indefinite leave
to remain (settlement) or citizenship applications,
for which the existing knowledge of life requirement
continues to apply.
BUSINESS PLAN APRIL 2011 - MARCH 2015
26
To achieve a reduction in net migration, we will
need to ensure that restrictions on people coming
to the UK are complemented by an increase in
those leaving the country. The government has
therefore proposed to break the link between
temporary migration and permanent settlement. The
government will consult on this during 2011/12.
From 2011/12 we will also implement new
settlement rules to:
• ensure that economic migrants meet an
intermediate English-language level before they
are granted settlement
• require those who fail to meet the Englishlanguage
level to leave the country
• require former economic migrants to continue
to meet the salary threshold required when they
seek to extend their stay in the UK
• introduce a new criminality test for all
applications for settlement
• cap at five years the maximum period for
which new intra-company transferees can stay in
the UK.

[Manas]

What is this ?


......................
BUSINESS PLAN APRIL 2011 - MARCH 2015
26
To achieve a reduction in net migration, we will
need to ensure that restrictions on people coming
to the UK are complemented by an increase in
those leaving the country. The government has
therefore proposed to break the link between
temporary migration and permanent settlement. The
government will consult on this during 2011/12.
........................

In this connection, IMHO, the following statement is important....

"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."
TIER 1&2 TRANSITIONAL MEASURES FOR ILR - STATEMENT OF INTENT, FEB 2011 / PG 11 1ST PARA.

It appears from the above statement, this government is not willing to apply any drastic changes to the migrants those who are already in the UK before 6th of April 2011. This is also evident from the new settlement criterion of securing points for existing T1G migrants on/from 06.04.2011.
As far as the Work category goes, on/after 06.04.2011, switching is applicable to PSW Visa Holders only (since ICT's are unable to switch into T2 & T1G is abolished for new and switching migrants). Therefore, as I have understood, breaking the link between temporary migration and settlement for the already in kingdom migrants apply to the PSW Visa holders only.

Would like to hear much valued opinions from the senior members/moderators on this issue.

[Aryan2013]

No point wasting your bandwidths on this matter, soon the consultation paper will be out, if not in days, certainly in week’s time.