Consultation on changes to employment-related settlement

[Aryan2013]

Is there any changes to the legal long residence rules if one spent 10 year lawful residence in UK because I believe it is a EU law can this be changed by UK.

Long residence may or may not change, we will only know once the Govt. announce their response to the consultation.

It is not an EU law, even if it is, UK is out of EU as far as immigration is concerned.

Page 12 of the document.

There's no mention at all on the 10/14 year settlement routes?

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."

[Aryan2013]

They speak about those who enter the UK from April 2011..

My questions are:
1. Will the proposed changes be applicable to those employee migrants who enter the UK using the 20700 Tier 2 visa (or) will it be applicable to all Tier 2 (General) visa holders starting April 2011 (i.e. applications made in both inside and outside UK and university graduates)?

All T2 visa holders.

2. Moreover, I have received my Tier 2 even before the changes would be made in the coming months. Will the new changes be applicable to me as well? Is there anyway can I overcome this?

Yes.

Thers is only one way of overcoming this, if you can live here 10 years lawfully but then you never know, they can scrap Long Residence Rule any time they wish.

[Aryan2013]

The reason there are no concrete answers here is because this is a consultation. Whilst there are recommendations made, these are not final and the details will not become clear until the guidance is published. This happened with previous consultations where people go word-by-word on the consultation document and email UKBA and Home Office, but when the final details are published, the rules are either significantly different or there are technical changes.

Focus on details right now, I don't think will get anyone anywhere, because it's not final yet until the consultation is complete. The implementation of it may very well end up being different to the existing proposals.

I agree and I think everyone must read the proposals and try to plan ahead for the worst case scenario.

[mulderpf]

Plan for worst case, but asking "does this affect me?" all the time is not really useful or helpful. As Agastya80 alluded to, whilst the proposals might not affect you, the actual implementation of the rules might and similarly, whilst the proposals might affect you, the actual implementation might not.

You can confirm as many times are you want with UKBA or on the forum here, but if the rules change after the fact, they change. No amount of speculation will cause us to know or understand the final rules and it's actually a bit pointless, because we know the implementation will be different to the proposals.

[arsenal49]

Hi pswtotier2

from what I have gathered until now, people on PSW moving on to Tier 2 will be affected by these rules.

Sorry to be a bearer of bad news, but seems like that's what is going to be. UNLESS PSW to Tier 2 switchers are given a special allowance, which I doubt.

We are one of those who will be affected as well.

Remember though, current psw holders (or any other tier holders) were categorised under "unrestricted" category. So, there is still a room for them to KEEP this logic going and only enforce it, whether retrospectively or not, to those who ENTERED UK from April 2011 onwards!

All the replies you are seeing here is based on the individual's interpretations of the words used in press release (and a report) and no way reflects (for sure) to WHAT guys at UKBA /govt. is thinking!

Don't stop Believing...

[arsenal49]

Long residence may or may not change, we will only know once the Govt. announce their response to the consultation.

It is not an EU law, even if it is, UK is out of EU as far as immigration is concerned.

I am not sure if you are being serious or trolling!

You might be making these statements to the best of your knowledge but i, for one, can't see your reasoning.

UK IS part of EU. EU law HAS to be implemented in ALL EU states. if UK immigration was above EU law, then do you think UK would allow all these Eastern EU immigrants who single-handedly is making mockery of govt. promise of bringing migration under control!

just saying..............

[MPI]

The reason there are no concrete answers here is because this is a consultation. Whilst there are recommendations made, these are not final and the details will not become clear until the guidance is published. This happened with previous consultations where people go word-by-word on the consultation document and email UKBA and Home Office, but when the final details are published, the rules are either significantly different or there are technical changes.

Focus on details right now, I don't think will get anyone anywhere, because it's not final yet until the consultation is complete. The implementation of it may very well end up being different to the existing proposals.

well .. I personally don't remember a case where HO consulted on a subject and then they fundamentally changed what they consulted or proposed . The content of consultation - as you see - is very much what they want to happen and they make it happen. At least this has been the case for the consultations in the past 3/4 years.
As I said questions are designed in a way that any sensible mind would go with the obvious answer which favours HO proposition.

[Aryan2013]

Long residence may or may not change, we will only know once the Govt. announce their response to the consultation.

It is not an EU law, even if it is, UK is out of EU as far as immigration is concerned.

I am not sure if you are being serious or trolling!

You might be making these statements to the best of your knowledge but i, for one, can't see your reasoning.

UK IS part of EU. EU law HAS to be implemented in ALL EU states. if UK immigration was above EU law, then do you think UK would allow all these Eastern EU immigrants who single-handedly is making mockery of govt. promise of bringing migration under control!

just saying..............

Arsenal, I thought you have a good grasp of immigration issues but you have proved otherwise.

I will leave to mods to confirm or deny the concerned statement.

[GSOtodd]

I spoke with my solicitor and he confirmed that extentions are that, just extensions, not "new" visas. This will NOT affect extensions.

[Aryan2013]

Ha Ha Ha

The so called solicitor's. TBH, if he was my solicitor, I'll ask for refund.

[GSOtodd]

and what makes you think this will apply to extensions.

[Agastya80]

The reason there are no concrete answers here is because this is a consultation. Whilst there are recommendations made, these are not final and the details will not become clear until the guidance is published. This happened with previous consultations where ...........Focus on details right now, I don't think will get anyone anywhere, because it's not final yet until the consultation is complete. The implementation of it may very well end up being different to the existing proposals.

well .. I personally don't remember a case where HO consulted on a subject and then they fundamentally changed what they consulted or proposed . The.......... .....designed in a way that any sensible mind would go with the obvious answer which favours HO proposition.

I don't want to sound negative but I think the implied motive of this document could be to mentally prepare migrants for worst case scenarios when these proposed rules(!!) are actually applied. Most of the points in the document suggest that government has already made up their mind and don’t be surprised to see more rigid rules when they are actually implemented, as there could be few unpleasant surprises. It’ll be good for those people who haven’t entered the UK yet and perhaps at the stage where they are still making up their mind. But needles to say won’t be good news for many of us who recently entered into the system or switched categories recently, as we will get affected.

[Aryan2013]

and what makes you think this will apply to extensions.

Read the document carefully for a change.

"Apply these changes to those entering the points-based system from April 2011."
Page 12.

[Aryan2013]

The reason there are no concrete answers here is because this is a consultation. Whilst there are recommendations made, these are not final and the details will not become clear until the guidance is published. This happened with previous consultations where ...........Focus on details right now, I don't think will get anyone anywhere, because it's not final yet until the consultation is complete. The implementation of it may very well end up being different to the existing proposals.

well .. I personally don't remember a case where HO consulted on a subject and then they fundamentally changed what they consulted or proposed . The.......... .....designed in a way that any sensible mind would go with the obvious answer which favours HO proposition.

I don't want to sound negative but I think the implied motive of this document could be to mentally prepare migrants for worst case scenarios when these proposed rules(!!) are actually applied. Most of the points in the document suggest that government has already made up their mind and don’t be surprised to see more rigid rules when they are actually implemented, as there could be few unpleasant surprises. It’ll be good for those people who haven’t entered the UK yet and perhaps at the stage where they are still making up their mind. But needles to say won’t be good news for many of us who recently entered into the system or switched categories recently, as we will get affected.

Very well said and I think everyone knows the score.

[bagofdoorknobs]

Looks like the Tories have gone off the deep end with their mad little Fortress Britain Crusade. They want to wean local businesses from foreign talent? Don't make me laugh.

Only an complete and total idiot with no experience in the private sector and a gigantic inferiority complex would even think that this was plausible in this day and age. As a business owner of a company with a wide range of nationalities, I can definitely say that I'm not really in a position to ask a customer to wait for three years while I go get the hoodie with the "right passport" around the corner and try to convince him to become a C++ programmer.

Yeah, right. If you can't get talent, you go find that talent, wherever they are, and then use them there. By banning brains, the UK also loses out on developing better home-grown talent. (Talent that develops by having to compete with the best.)

The idea of importing people, and then leaving them permanently without any kind of rights is one that's been floated elsewhere in Europe. The result will be that no one with any kind of choice for another destination will bother. There won't be world class scientists, innovative start-ups or much of anything cutting edge, that's for sure.

My business partners and I were looking to expand our UK operation as our base for making sorties into the Continental market. With all of this insanity, we decided to set up in a different country instead.

[GSOtodd]

Read the document carefully for a change.

"Apply these changes to those entering the points-based system from April 2011."
Page 12.

And I suggest you read 4.14 on page 18, which says under the "new limit". Extensions don't apply to the new limit.

Normally I don't feed trolls who scaremonger. Read up on immigration laws...for a change.

[Tier1_ILR_Applicant]

Read the document carefully for a change.

"Apply these changes to those entering the points-based system from April 2011."
Page 12.

And I suggest you read 4.14 on page 18, which says under the "new limit". Extensions don't apply to the new limit.

Normally I don't feed trolls who scaremonger. Read up on immigration laws...for a change.

I agree....plus the wording is entering the points based system from April 2011. Extention is merely an extention and not applying or entrying into a new visa category. Moreover i will repeat again it does not apply to tier 1 General anyway as the consultation is not about tier 1 general.

[Aryan2013]

Looks like the Tories have gone off the deep end with their mad little Fortress Britain Crusade. They want to wean local businesses from foreign talent? Don't make me laugh.

Only an complete and total idiot with no experience in the private sector and a gigantic inferiority complex would even think that this was plausible in this day and age. As a business owner of a company with a wide range of nationalities, I can definitely say that I'm not really in a position to ask a customer to wait for three years while I go get the hoodie with the "right passport" around the corner and try to convince him to become a C++ programmer.

Yeah, right. If you can't get talent, you go find that talent, wherever they are, and then use them there. By banning brains, the UK also loses out on developing better home-grown talent. (Talent that develops by having to compete with the best.)

The idea of importing people, and then leaving them permanently without any kind of rights is one that's been floated elsewhere in Europe. The result will be that no one with any kind of choice for another destination will bother. There won't be world class scientists, innovative start-ups or much of anything cutting edge, that's for sure.

My business partners and I were looking to expand our UK operation as our base for making sorties into the Continental market. With all of this insanity, we decided to set up in a different country instead.

I completely agree with you and I don’t understand those white hall officials advising these private educated Oxbridge toff’s either.
In this day and age of global village, if you don’t import highly skilled people, you will end up competing with those same people for the market share.
At the end of the day, you will end up damaging UK Plc for short term cheap votes.

[GSOtodd]

Two solicitors have told me that extensions are just that...extensions. Not entering into a new category or visa. The extensions aren't even subjected to cap and there would have to be transitional arrangements anyway because the governments already had their hands burnt for changing rules. I could understand if rules change before the first extension but after the second extension, a person usually believes they are going to be allowed to settle.

[Aryan2013]

Read the document carefully for a change.

"Apply these changes to those entering the points-based system from April 2011."
Page 12.

And I suggest you read 4.14 on page 18, which says under the "new limit". Extensions don't apply to the new limit.

Normally I don't feed trolls who scaremonger. Read up on immigration laws...for a change.

ha ha ha

I am not gonna waste any more bandwidth's on you!!!

[GSOtodd]

well hot damn!

[anul]

I would really appreciate if you could let me know that if I am going to be affected with the new changes to tier 2 routes. I have granted the tier 2 general visa in May 2009 and now I am willing to change the employer, does this affect my illegibility of permanent residence in future.

[timarli]

I would really appreciate if you could let me know that if I am going to be affected with the new changes to tier 2 routes. I have granted the tier 2 general visa in May 2009 and now I am willing to change the employer, does this affect my illegibility of permanent residence in future.

I'm on the same boat but can't see a way of clarifying this at this stage...

A very long shot but I wrote to my MP explaining my concerns. At least they will have a say on these changes negative or positive, won't they?

[arsenal49]

well hot damn!

this made me chuckle

well said, kind sir

[Greenie]

I would really appreciate if you could let me know that if I am going to be affected with the new changes to tier 2 routes. I have granted the tier 2 general visa in May 2009 and now I am willing to change the employer, does this affect my illegibility of permanent residence in future.

why don't you read the rest of this thread - you will see that various people have highlighted the fact that the changes on settlement apply to those who entered tiers 1 and 2 from April 2011.

In addition - this is a consultation - no one knows what the changes will be yet, so no one can advise you. Speculation doesn't get anyone anywhere.