Consultation on changes to employment-related settlement

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Sat Jun 11, 2011 9:27 am

I am going to be an absolute pain by asking this:

Would you say that Tier 1 PSW Visa people who will switch to Tier 2 now will be affected or exempt from these rules. After all they received their Tier 1 PSW status Before April 2011.

Any ideas?

gunner555 · Post by **gunner555** » Sat Jun 11, 2011 1:03 pm

Mr Sheffield, there is a high likelihood that they would be affected because the revised format of tier 2 came into effect with the April 6, 2011, immigration changes.

Secondly. It is inconsequential whether or not they had their PSW before april 5,2011. This is because PSW does not count towards ILR.

The consultation is proposing that tier 2 be repositioned into a temporary route to fix the skill shortage in the Uk. As stated in the brief only a minority of tier 2 holders maybe considered for ILR. The few Tier 2 holders that would be considered would have to be of immense benefit to the economy ( indispensable).

Hope that helps?

Celtic · Post by **Celtic** » Sat Jun 11, 2011 2:27 pm

Obviously all changes will affect those already on psw, no matter when they were granted that leave.

The government clearly wants to cap the length of stay a tier 2 migrant can stay here and obviously breaking the link between temporary and permanent immigration by not allowing them to apply for ILR in due time.

Aryan2013 · Post by **Aryan2013** » Sat Jun 11, 2011 2:27 pm

Sheffield_Marketeer wrote: Would you say that Tier 1 PSW Visa people who will switch to Tier 2 now will be affected or exempt from these rules.
Any ideas?

I am sorry to say but they will be affected

Whether you switch into T2 or get a new T2 after April 2011 is inconsequential as far as settlement rights are concerned.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Sat Jun 11, 2011 3:30 pm

Thanks guys for some clarity on this topic.

Atleast my husband and I can plan our future properly now. To be honest, this advance warning is good for us, as we then do not pin down on any hope for resettlement.

We had plans for settling down here, given that my husband who is a university lecturer finds his work very satisfying here, but atleast we will consider several avenues henceforth.

From the consultation document, it looks that there might be a chance for us to stay atleast 5 years from the time we get the Tier 2, so there's loads of time to plan

Glad about the advance warning..

Thanks for the help people.

linux44 · Post by **linux44** » Sat Jun 11, 2011 8:58 pm

ukswus wrote:I have to say, I am very pleased with this document. All the proposed changes will only apply to those who entered the country after April 2011:

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

so does it mean, that if u were in the UK before 2011 on student and now PSW, u still won't be affected and be able to go the tier 2 role for permenant settelement?

so for instance if i get a visa a tier 2 sponsorship in a year or 2, would my condition would still be dealt with as be part of the old role, although i am applying at later than april 2011?

thanks

ddb · Post by **ddb** » Sat Jun 11, 2011 9:04 pm

linux44 wrote:so for instance if i get a visa a tier 2 sponsorship in a year or 2, would my condition would still be dealt with as be part of the old role, although i am applying at later than april 2011?

Your case would be dealt with under the new proposals (if implemented) as you would be entering the Tier 2 category after Apr 2011.

Aryan2013 · Post by **Aryan2013** » Sat Jun 11, 2011 9:07 pm

linux44 wrote:
ukswus wrote:I have to say, I am very pleased with this document. All the proposed changes will only apply to those who entered the country after April 2011:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
so does it mean, that if u were in the UK before 2011 on student and now PSW, u still won't be affected and be able to go the tier 2 role for permenant settelement?

so for instance if i get a visa a tier 2 sponsorship in a year or 2, would my condition would still be dealt with as be part of the old role, although i am applying at later than april 2011?

thanks

Have you tried to read the document??If not, please try to read the previous comments!!!

Aryan2013 · Post by **Aryan2013** » Sat Jun 11, 2011 9:17 pm

Mr. PM told us that he will consult on Long Residence rule in the forthcoming consultation.
http://www.immigrationboards.com/viewtopic.php?t=78502

So what happened? Is this another U-Turn by this Con-Dem Govt. or he will just scrap it without consultation??

ddb · Post by **ddb** » Sat Jun 11, 2011 9:19 pm

Wow...

linux44 · Post by **linux44** » Sat Jun 11, 2011 9:26 pm

Aryan2013 wrote:
linux44 wrote:
ukswus wrote:I have to say, I am very pleased with this document. All the proposed changes will only apply to those who entered the country after April 2011:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
so does it mean, that if u were in the UK before 2011 on student and now PSW, u still won't be affected and be able to go the tier 2 role for permenant settelement?

so for instance if i get a visa a tier 2 sponsorship in a year or 2, would my condition would still be dealt with as be part of the old role, although i am applying at later than april 2011?

thanks
Have you tried to read the document??If not, please try to read the previous comments!!!

I do but it was later that I realised the same question was asked
tons of questions

Aryan2013 · Post by **Aryan2013** » Sat Jun 11, 2011 9:34 pm

GSOtodd · Post by **GSOtodd** » Sat Jun 11, 2011 9:35 pm

Ok, I just applied for a Tier 2 extension. Would these new rules apply to me? WOuld I be allowed settlement?

GSOtodd · Post by **GSOtodd** » Sat Jun 11, 2011 9:40 pm

I just applied last week for an extension to my Tier 2 visa. It was to cover two months. I only need two more months and should be able to apply for ILR in July.

Aryan2013 · Post by **Aryan2013** » Sat Jun 11, 2011 9:46 pm

GSOtodd wrote:I just applied last week for an extension to my Tier 2 visa. It was to cover two months. I only need two more months and should be able to apply for ILR in July.

I think you will be safe because my calculation says they will announce the consultation response around Nov-Dec 2011 or Feb-Mar 2012 and till that time old(current) rules will apply.

GSOtodd · Post by **GSOtodd** » Sat Jun 11, 2011 9:52 pm

and anyone, ENTER the UK after April and I didn't switch into Tier 2 after April 2011, I just extended it. So either way, I should be safe? Right?

bash · Post by **bash** » Sat Jun 11, 2011 9:57 pm

guys,
wht abt the existing tier 1 general visa holders,wht abt our settlement?
people with visa be4 april 2011?
plzz clarify

ddb · Post by **ddb** » Sat Jun 11, 2011 10:08 pm

bash wrote:thanx gunner
some clarity atlast

bash · Post by **bash** » Sat Jun 11, 2011 10:16 pm

cause people keep on posting soo many things even after clarity,so i again start doubting abt the whole thing:(

GSOtodd · Post by **GSOtodd** » Sat Jun 11, 2011 10:22 pm

Well, I just want clarity on this:

I extended (did not ENTER the UK) last week. It was to make sure I had enough time to qualify for settlement since there was a question about the first six months counting towards my settlement. Would these new rules affect me and counting me as "coming into the UK" after April 2011?

ddb · Post by **ddb** » Sat Jun 11, 2011 10:25 pm

bash wrote:cause people keep on posting soo many things even after clarity,so i again start doubting abt the whole thing:(

Bash,

You should at least understand that Tier 1 (General) is closed.

If you read the consultation document, you'd have noted that there was no reference to Tier 1 (General). All the proposals made where directed at Tier 1 (Entrepreneur, Exceptional, and Investor), Tier 2, Tier 5, and domestic workers.

So far, on this basis, route to settlement via Tier 1 (General) is not affected FOR NOW, until the rules change again.

bash · Post by **bash** » Sat Jun 11, 2011 10:27 pm

my apologies ddb,
thanxxxx

rami1988 · Post by **rami1988** » Sat Jun 11, 2011 10:27 pm

I am confused about something and would appreciate it if someone has the answer. If you are already under Tier2 before april 2011, and:

a - you wish to extend your stay under tier 2

or

b - you wish to switch job/employer

will you be eligible to apply for ILR eventually?

Cheers

asp007 · Post by **asp007** » Sun Jun 12, 2011 12:29 am

Hi!

I hope someone will be able to advice me please!

I am currently on Tier 2 (general) visa from January 2010 and I am eligible for ILR in June 2012 (I was on a work permit before my current Tier 2).

My question is, I have now been offered a new job and the company is happy to sponsor me on new Tier 2 general visa. If I do the switch and move into a new Tier 2 general visa, will these new changes regarding settlement affect me and will I be treated under the "new rules" since obviously my Tier 2 will be stamped after "April 2011"...... Will this be a risky move to do now???

Thanks!

Arv

GSOtodd · Post by **GSOtodd** » Sun Jun 12, 2011 12:36 am

I wouldn't do it. Because, it may be treated as a new application whereas extensions are just treated as the same visa but extended. I would see if they can wait until you have ILR. Many companies will keep the job open. I just wouldn't do it.

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Consultation on changes to employment-related settlement