http://www.immigrationboards.com/viewtopic.php?t=78276nsunkada wrote: Also does anyone know when they will implement rules once consultation is closed?
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http://www.immigrationboards.com/viewtopic.php?t=78276nsunkada wrote: Also does anyone know when they will implement rules once consultation is closed?
Are you sure that they haven't? Turning back the question, have you?rahul_mrsharma wrote:Also why not every body in this forum go and vote against this Consultation
Arsenel, the short answer is :Source: http://www.ukba.homeoffice.gov.uk/sitec ... mmigration
1) See highlighted words in the quote and please tell me can they apply new rules to those who have already been given tier 2 visa (from April 2011) considering the things they are suggesting is NOT a law yet and will, presumably, be not a law at least until September 2011.
2) Can someone, who understand how laws are passed in british parliament, tell me when is the earliest we can see these things become a law?
3) Is there something inherently implied about ILR route (10 years) based on this announcement.
4) For how many days can you be outside UK without resetting your ILR (10 year) clock. Is it calculated over 10-year period or a 1-year period?
As ever, any help will be greatly appreciated.
Regards
Spot on Pierrot95 and by keeping the Long Residence open but effectively closing it, they will keep the moral high ground as well (The document states very clearly "We will continue to have regard to a migrant’s right to private and family life under Article 8 of the European Convention on Human Rights." )Pierrot95 wrote:There is no need to formally close the 10 year route. It will be almost impossible to apply under that route because in-country switching of visa category will be very difficult.
The only scenario to achieve 10 years of legal residence will be 5 years as student, then 3 years of tier 2 and an additional 2 years of tier 2. The requirements to switch from student to tier 2 and to move from the initial 3 years to the next 2 years of tier 2 will be such that only the best of the best can succeed, and they will qualify for ILR under 5 years of tier 2 in that case.
the reason i am confused is because the consultation document doesn't say anything about the current Tier 1 general holders and criteria only applies to person's who entered into the point system after April 2011achellap wrote:Hi guys , i am bit confused after seeing all discussion and various PDF's , sorry to be a pain , could some one advise me in simple words if i am eligible for settle are not ,
i have received the Tier 1 general visa on 27th april 2011 valid until 27 april 2013 .
my question are
if i have enough points to extend my visa on 2013
1.can i further extend it till 2016 ?
2. at 2016 can i go for ILR if i qualify?
from Work Settlement Consultations WorkSettlementConsultations@homeoffice.gsi.gov.uk
to XXXXXXXXXXXX@gmail.com
date Fri, Jun 10, 2011 at 3:10 PM
subject RE: Request for clarification regarding consultation question
hide details 3:10 PM (1 hour ago)
Thank you for your email.
The proposals relating to Tiers 1 and 2 would affect migrants who enter the UK under these routes from April 2011 only (please see Chapters 2 and 4)
(Please note that we will not be able to respond to all enquiries; this inbox is for completed questionnaires)
From: XXXXXXXXXXXX@gmail.com
Sent: 10 June 2011 14:54
To: Work Settlement Consultations
Subject: Request for clarification regarding consultation question
- Hide quoted text -
Hi,
I would like some clarification regarding the following question presented in the consultation paper for 'Employment related settlement, Tier 5 and overseas domestic workers'
Question 3: Should temporary leave for Tier 1 migrants be capped at a maximum of 5 years (those who wish to stay longer will be obliged to apply for settlement)?
Is this also applicable for Tier 1 (General) migrants or are these proposed changes solely confined to applicants under Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur) and Tier 1 (Investor) categories?
Also, on Section 4.2 (page 12) of the consultation document, it states that:
We propose to apply these new settlement criteria to those entering Tiers 1 and 2 from April 2011.
As Tier 1 (General) has been closed since April 2011, I infer that the proposed change is not applicable for existing Tier 1 (General) migrants. Request you to please clarify this issue. Thank you.
balak2 wrote:I sent a mail to UKBA enquiring about the status of Tier 1 (General) migrants in the settlement consultation and the reply is given below:
from Work Settlement Consultations WorkSettlementConsultations@homeoffice.gsi.gov.uk
to XXXXXXXXXXXX@gmail.com
date Fri, Jun 10, 2011 at 3:10 PM
subject RE: Request for clarification regarding consultation question
hide details 3:10 PM (1 hour ago)
Thank you for your email.
The proposals relating to Tiers 1 and 2 would affect migrants who enter the UK under these routes from April 2011 only (please see Chapters 2 and 4)
(Please note that we will not be able to respond to all enquiries; this inbox is for completed questionnaires)
From: XXXXXXXXXXXX@gmail.com
Sent: 10 June 2011 14:54
To: Work Settlement Consultations
Subject: Request for clarification regarding consultation question
- Hide quoted text -
Hi,
I would like some clarification regarding the following question presented in the consultation paper for 'Employment related settlement, Tier 5 and overseas domestic workers'
Question 3: Should temporary leave for Tier 1 migrants be capped at a maximum of 5 years (those who wish to stay longer will be obliged to apply for settlement)?
Is this also applicable for Tier 1 (General) migrants or are these proposed changes solely confined to applicants under Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur) and Tier 1 (Investor) categories?
Also, on Section 4.2 (page 12) of the consultation document, it states that:
We propose to apply these new settlement criteria to those entering Tiers 1 and 2 from April 2011.
As Tier 1 (General) has been closed since April 2011, I infer that the proposed change is not applicable for existing Tier 1 (General) migrants. Request you to please clarify this issue. Thank you.
Typical of the UKBA responses, isn't it? Raises more questions rather than answering one. I didn't bother to follow up with another query, because by now, the previous reply:achellap wrote:
so does that mean it doesnt apply to anyone who's already in UK before april 2011 or some one who applied on the old rules before 6th april 2011?
The consultation will run for three months, until 9 September and we will announce our firm plans in due course. As the Home Secretary announced in February, we intend the settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system, could have expected to apply for settlement in 2016.
Arsenel, the short answer is :arsenal49 wrote:The consultation will run for three months, until 9 September and we will announce our firm plans in due course. As the Home Secretary announced in February, we intend the settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system, could have expected to apply for settlement in 2016.
Source: http://www.ukba.homeoffice.gov.uk/sitec ... mmigration
1) See highlighted words in the quote and please tell me can they apply new rules to those who have already been given tier 2 visa (from April 2011) considering the things they are suggesting is NOT a law yet and will, presumably, be not a law at least until September 2011.
2) Can someone, who understand how laws are passed in british parliament, tell me when is the earliest we can see these things become a law?
3) Is there something inherently implied about ILR route (10 years) based on this announcement.
4) For how many days can you be outside UK without resetting your ILR (10 year) clock. Is it calculated over 10-year period or a 1-year period?
As ever, any help will be greatly appreciated.
Regards
Aryan2013 wrote:Arsenel, the short answer is :arsenal49 wrote:The consultation will run for three months, until 9 September and we will announce our firm plans in due course. As the Home Secretary announced in February, we intend the settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system, could have expected to apply for settlement in 2016.
Source: http://www.ukba.homeoffice.gov.uk/sitec ... mmigration
1) See highlighted words in the quote and please tell me can they apply new rules to those who have already been given tier 2 visa (from April 2011) considering the things they are suggesting is NOT a law yet and will, presumably, be not a law at least until September 2011.
2) Can someone, who understand how laws are passed in british parliament, tell me when is the earliest we can see these things become a law?
3) Is there something inherently implied about ILR route (10 years) based on this announcement.
4) For how many days can you be outside UK without resetting your ILR (10 year) clock. Is it calculated over 10-year period or a 1-year period?
As ever, any help will be greatly appreciated.
Regards
1) They can do retrospective changes, if they wish.
2) They don't have to pass law in parliament for this, simple announcement will do the job.
3) I think the document states very clearly "We will continue to have regard to a migrant’s right to private and family life under Article 8 of the European Convention on Human Rights."
Based on the document, its safe to assume that 10 Years Long Residence will survive but you never know, unless and until they announce the actual consultation response.
As far as my understanding goes -> this is more humane, more balanced and finally more british way of conducting things.
4) You can't be outside UK for 18 months in total and 6 months at one go, as far as I know.