Consultation on changes to employment-related settlement

[asp007]

Thanks! My gut feeling is also the same!!! I strongly feel the UKBA could (potentially!) so easily bring in rules later this year to say "ALL" new Tier 2 applications since 6th April 2011 will be affected!!

Yeah, I think it's best not to change my visa status until I get my ILR!

Cheers,
Arv

[GSOtodd]

do you think it will affect extensions after April 6. I got an extension to cover two months and should be able to apply in July (late). The reason I did that is because the first two months I was here had questions about whether or not this period would actually count towards ILR.

[Slightly]

It really is a retrospective change, isn't it, if people who are entering now will be affected eventhough nothing's been decided yet? Very harsh

[GSOtodd]

well, I can apply in late July so the application for ILR will be in before any decisions, whatever happens.

[asp007]

Oh yeah GSOtodd,

I don't see how you will be affected by these newly proposed changes! It will take months before these changes are actually made into concrete rules and be implemented, so you should be ok in July!

Good luck with your settlement application!

Cheers

[sameer2012]

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??

Hi Aryan,You mean to say that the consultation on long residence is still to come.Have you got any Idea when It will start?
It means Govt. can stop this Long Residence route towards settlement in order to increase time scale for settlement for those who already in UK for last 6/7 years?Is It right?

[timarli]

It's so confusing and frustrating!

- Entering UK after 2011 April or Entering PBS after 2011 A...

4.14 in consultation document sounds like it refers to 'entering the UK'
and 'Apply these rules to those entering the PBS after 2011' in the summary sounds like the other one.

But it doesn't make sense...

I've been on work permit since 2008 so does that mean I'm doomed to my current employer? Switching from WP to T2 shouldn't be considered 'entering the system in 2011'.

I have been in the fsystem since 2008. call is pbs, wp or whatever...
And when I entered the system I had the right to apply for ILR after lawfully working for 5 years. So sad that these things can happen :S

Probably it's better to see an expert as I have 2 interviews in two weeks!

[srirags]

Reference:

http://www.ukba.homeoffice.gov.uk/sitec ... mmigration

The below statement is very confusing:

"We have already announced reforms to the Tier 1 investor and entrepreneur categories,
including the possibility of accelerated settlement for these high value migrants. We will be
consulting, however, on whether Tier 1 exceptional talent migrants should have an automatic
route to settlement and whether we should remove the ability of all Tier 1 migrants to apply
for further leave to remain after five years in the UK."

So still they are considering whether to give the settlement right for tier 1 (irrespective of one who entered before or after april 2011).

They haven't mentioned anything abot the tier 1 who entered before 2011. So I feel they consider all the tier 1 migrant as the same?

They have again created confusion for existing tier 1 holders?

[ddb]

'entering the UK'
and 'Apply these rules to those entering the PBS after 2011' in the summary sounds like the other one.

It applies to out-of-country applications and in-country applications to switch/change categories under PBS after Apr 2011.

I've been on work permit since 2008 so does that mean I'm doomed to my current employer?

It seems so, because if you change employers you'd have to apply for Tier 2 - that's a new application made after Apr 2011.

Probably it's better to see an expert as I have 2 interviews in two weeks!

That would be a wise decision.

[smarguy_rj]

Reference:

http://www.ukba.homeoffice.gov.uk/sitec ... mmigration

The below statement is very confusing:

"We have already announced reforms to the Tier 1 investor and entrepreneur categories,
including the possibility of accelerated settlement for these high value migrants. We will be
consulting, however, on whether Tier 1 exceptional talent migrants should have an automatic
route to settlement and whether we should remove the ability of all Tier 1 migrants to apply
for further leave to remain after five years in the UK."

So still they are considering whether to give the settlement right for tier 1 (irrespective of one who entered before or after april 2011).

They haven't mentioned anything abot the tier 1 who entered before 2011. So I feel they consider all the tier 1 migrant as the same?

They have again created confusion for existing tier 1 holders?

Hi Srirags....

I am new to the forum........the Tier 1 exceptional talent migrants was introduced in April 2011, when the Tier 1 general was closed hence I feel it is not applicable to Tier 1 general....please correct me if I am wrong

[achellap]

well after all these discussion we are almost there for a conclusion i believe,

as the consultation document doesn't say anything about Tier 1 general and it says these will apply who entered after April 2011, this would hopefully mean that ,

Any one who has entered PBS [ tier1 excep,inves,enter/tier 2 ] system through the april 6th rules will be affected by these new proposals.

[srirags]

We cannot conclude anything untill they pass the rule. The document is just a consultation.

Aslo they genralised and they are not specific with tier 1 migrant. They used the below words which creates further confusion.

whether we should remove the ability of all Tier 1 migrants to apply
for further leave to remain after five years in the UK.

Tier 1 genral migrant are Tier 1 migrants?

Lets be positive and hope for the best untill they pass the rule.

[ddb]

We cannot conclude anything untill they pass the rule. The document is just a consultation.

Aslo they genralised and they are not specific with tier 1 migrant.

If you go through the published consultation you will note that they were specific about the Tier 1 routes the proposals apply to i.e. Tier 1 (Entrepreneur, Exceptional, and Investor). No reference was made to Tier 1 (General) - which by the way is closed.

They used the below words which creates further confusion.

whether we should remove the ability of all Tier 1 migrants to apply
for further leave to remain after five years in the UK.

This statement [from the Written Ministerial Statement - immigration (work and settlement)] is referring to future consultations not the recently published consultation.

Like you commented...

Lets be positive and hope for the best untill they pass the rule.

.....that's all one can do now.

[GSOtodd]

I see elements of 1971/1972 here. Didn't they with the new Tory government in 71 remove the right to expect settlement. They sure did add it back on after so many years...wonder why? Also, these current proposals seem rather radical, just like last summer when they introduced the cap. It didn't turn out as harsh as they proposed which is why something tells me that is what is going to happen here. It is going to effect businesses. Who would want to hire a good qualified worker if one can't be found, then tell him/her to leave and put your company's output at risk by having one of your good workers leave? Surely the government can see that.

Also, my professor back at my university in the US told me that they had another survey of college student and if they should have to seek work outside the US, where would it be. Many said they would prefer to stay in the US and work jobs until an opening occured. Understandable. A few said Canada and Australia. ONe said NZ. NO one said the UK. Wonder why?

[ddb]

Who would want to hire a good qualified worker if one can't be found, then tell him/her to leave and put your company's output at risk by having one of your good workers leave?

Very valid point.

Also, my professor back at my university in the US told me that they had another survey of college student and if they should have to seek work outside the US, where would it be. Many said they would prefer to stay in the US and work jobs until an opening occured. Understandable. A few said Canada and Australia. ONe said NZ. NO one said the UK. Wonder why?

, given the erratic way the rules keep changing, who can blame them :p.

[achellap]

well after all these discussion we are almost there for a conclusion i believe,

as the consultation document doesn't say anything about Tier 1 general and it says these will apply who entered after April 2011, this would hopefully mean that ,

Any one who has entered PBS [ tier1 excep,inves,enter/tier 2 ] system through the april 6th rules will be affected by these new proposals.

[Tier1_ILR_Applicant]

Reference:

http://www.ukba.homeoffice.gov.uk/sitec ... mmigration

The below statement is very confusing:

"We have already announced reforms to the Tier 1 investor and entrepreneur categories,
including the possibility of accelerated settlement for these high value migrants. We will be
consulting, however, on whether Tier 1 exceptional talent migrants should have an automatic
route to settlement and whether we should remove the ability of all Tier 1 migrants to apply
for further leave to remain after five years in the UK."

So still they are considering whether to give the settlement right for tier 1 (irrespective of one who entered before or after april 2011).

They haven't mentioned anything abot the tier 1 who entered before 2011. So I feel they consider all the tier 1 migrant as the same?

They have again created confusion for existing tier 1 holders?

The consultation document clearly states "Apply these changes to those entering the points-based system from April 2011". So in this context when the document says "whether we should remove the ability of all Tier 1 migrants to apply for further leave to remain after five years in the UK" would be (if implemented) only applicable to migrants entering the points-based system from April 2011 in my view.

[Aryan2013]

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??

Hi Aryan,You mean to say that the consultation on long residence is still to come.Have you got any Idea when It will start?

I don't think they will be consulting on Long Residence anymore, either it will survive with few changes or it will be scrapped without consultation. I think we have to wait till Nov-Dec 2011 or Feb-Mar 2012 for the outcome.

[Aryan2013]

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??

It means Govt. can stop this Long Residence route towards settlement in order to increase time scale for settlement for those who already in UK for last 6/7 years?Is It right?

I've got no idea, we have to wait for the consultation response from the Govt.

[kenfrapin]

I know this seems radical but anyone who thinks this wasnt going to happen soon is really just fooling themselves. We are all now some of the last few who will get the chance to settle in the UK and the transition has begun.

Almost all countries have made it impossible, if not stopped completely, the influx of immigrants into their country. UK too has a right to do so and with the economic recession and tough times, UK have finally decided to act on it. Further, take a look around, and though the English are always 'politically' correct, the number of issues going on around change of culture, loss of the 'English' life, cities filled only with migrants, salaries cut in half etc, they have realised its time to shut their doors before it gets out of hand.

There are many who say its insulting, what's the point of coming here or who will ever want to come here - well, that's true for every other Western country right? People will still come here to enjoy the lifestyle, earn a salary far better than developing countries and then return home. Dont people still go to USA even though its almost impossible to settle there? Finally, the reason people have been inclined towards the UK in comparison to other countries is because it used to be easy but they too have now decided to opt for stricter rules like most countries elsewhere across the globe.

I do hope that if they bring in any changes they do so from a date in the future so all those who have already come here and made that choice because of the options to settle permanently should not lose out. It's not fair to them and if they change it for those applying under rules in place AFTER April 2011 onwards it does not seem that harsh as we all knew after the elections that immigration law changes was an important agenda.

KP

[Tier1_ILR_Applicant]

I agree with the above post. I think in many ways the new government has brought some clarity to the table. I think it was in many ways good news for tier 1 migrants who are already here in the country when they announced to abolish the "earned citizenship" route. Also the recently launched consultation now explicitly says that any changes will affect people entering the PBS system on or after April 2011. So i cautiously believe that this is good news for tier1 General migrants who have already been living and working in UK for over 3-4 years with the expectation to settle permanently. It is not harsh although not ideal to tell new migrants at least 4 years in advance that they will be expected to leave the country. I agree that every migrant including myself is an individual and have unique circumstances and may get affected differently. But as a whole the fact that any new proposed changes will not affect migrants who qualified before April 2011 is good news and it's given us a reason to be optimistic about our future.

[coolguycp1]

I have read through all the above posts. I wish to raise the point for work permit holders (those with 5 years work permit visa) who are due ILR later this year. Some of them have gaps in their visa between EC and date of entry which is more than 3 months (so they cannot apply for ILR under recently published Immigration Directorate).

In their case, they will have to apply for an extension later this year, which will mean changing their status from work permit holder to Tier 2 PBS migrant.

In the light of the consultation on settlement, can they come under the new rules which says those entering PBS after Apr 2011 will not be eligible for settlement? This, assuming the extension is not possible until late this year or after the rules are published.

Views from senior members will be welcome, as always.

[Aryan2013]

In the light of the consultation on settlement, can they come under the new rules which says those entering PBS after Apr 2011 will not be eligible for settlement? This, assuming the extension is not possible until late this year or after the rules are published.

I'm sorry to say but the answer Yes.

[smarguy_rj]

i entered UK in feb 2010, although my visa was valid from march 2009, I hope I will be able to extend more than once since these rules are only for those people who have entered uk after april 2011.....

[GSOtodd]

Yes, but extensions is an entirely different matter. I think what the consultation is saying is that anyone who comes in after APril under the new rules (coming into the UK) cannot expect to settle. Extensions aren't really new visas, just continuing. Now if you change jobs, that might be a different story because really you are getting a new visa with a new employer.