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Consultation on changes to employment-related settlement

General UK immigration & work permits; don't post job search or family related topics!

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navodwickra
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Re: shall we contact HomeOffice

Post by navodwickra » Mon Jun 20, 2011 12:26 pm

puneetdwd wrote:I agree. The future is so uncertain, Can we collectively response to HomeOffice on this Consulation and also inform them that this is causing confusion among employer to hire Tier 1 holder?

What does other members of the board think?
Please let me know

Many Thanks.
If you read all the reports and docs from Homeoffice so far you can clearly uinderstand they do not talk about T1(G) memebers apart from restricting extension no more than 5 years(I am not sure about this yet). Anyway no need to get panicked or confuse yourself because until they come up with rules we can not say anything. It could be a nightmare considering the decisisons they have made for past servral years so like I said we just have to wait.

bash
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Post by bash » Mon Jun 20, 2011 12:39 pm

Even after 3 months once the new rules are out,wht do we do next(if it is a worst case)? people who need to extend late this year or next year will be stuck up??
can we send a mail to Uk home office and ask for clarification?
Seniors plzz respond?

MPI
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Re: Due to Uncertainity Problem in JobSearch

Post by MPI » Mon Jun 20, 2011 1:09 pm

puneetdwd wrote:Due to this Consultation from HomeOffice there are confusion among Employer to hire a Tier1 Holder

Just wanted to share with you my recent experience in Job search as I am looking to change my current position. I applied for number of vacancies thru job portals and when asked I told them that I have Tier1 Visa I got the following responses
I just wanted to check is this an instruction from HomeOffice? If this is the situation the future of Tier1 holder is Dark.
It is with regret that I have to inform you my client can no longer employ people on a High Skill Tier 1 Work visa on a permanent basis due to the lack of guarantee’s now in place with regards to permanent residency.
Kind Regards

Hayden Male
Can’t believe people still talking about T1Gs in this thread. Well future is uncertain for anyone who is in the immigration system anyway , but on this occasion T1Gs are exempted . This has been said again and again here, but people are not just bothered to read through.
As per this employer response , that shows how ignorant they are about the UK employment law . The only pre-selection criteria employers can pick on is ‘right to work’ . Permanent residency has nothing to do with permanent employment . Permanency in employment in just a ‘job type’ which specifies certain employment conditions . Legally you can even have a permanent contract with an end date on it. This is what some employers do with tier1Gs , they put an end date on their permanent contracts , and renew them once their visa extended , but even that’s not mandatory .

I suggest this lead to be broken down into separate categories , so that for instance tier2 guys can follow their settlement impact in their own forum . I keep hearing terms panic , lets get together etc which I am not sure which category they refer to!

dms_sbs
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ILR UKBA new Regulations after 2011

Post by dms_sbs » Tue Jun 21, 2011 7:57 am

Hi Guys,
I do not know if Any one of you have really read the consultation. I have been reading so many hypothesis raised by you about who will be able to continue after April 2011 (~Extension or switching will be allowed or not).
I am sending you two proof which highly suggest that those who are here will not be affected even who switch in country. So please do not create stressfull atmoshphere.

And moreever listen with urs own ears about the statement made by Mr. Green after 9th June 2011 on this consultation.
Here is link-
http://www.bbc.co.uk/news/uk-13714028

and read this as well-
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. The timing of reforms to Tier 5 and
the overseas domestic worker routes will depend on the outcome of consultation, but we
would anticipate them taking effect during 2012. :P

dms_sbs
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ILR UKBA new Regulations after 2011

Post by dms_sbs » Tue Jun 21, 2011 8:02 am

4.14 We propose that those Tier 2 General
migrants who have entered the UK under
the new limit – i.e. since April 2011 – should
have no direct path to settlement. Removing
Tier 2 migrants’ automatic right to apply for
settlement after 5 years UK residence will
encourage employers to look beyond migrant
workers to upskill the domestic labour force.
A temporary Tier 2 route will maintain
employers’ ability to fill short term skills gaps
from overseas, while discouraging overreliance
on foreign workers

dms_sbs
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Mail from Soliciter

Post by dms_sbs » Tue Jun 21, 2011 8:03 am

Dear Mr. xxxxx
The new rules would only affect new applicants coming in from abroad. Mr xxxxxxx
Immigration Director - London

srirags
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Post by srirags » Tue Jun 21, 2011 6:39 pm

Follow the below link:

http://www.ukba.homeoffice.gov.uk/sitec ... ed-workers

They are providing transitional arrangement for Tier 2 of points based system, introduced in 2008 (which has been closed recently) to get extended for further 3 years to make them eligible to apply for PR.

So it is clear that Tier 1 (General) visa holders are also not affected and the new rule for PR which is going to be announced will be applied to migrants after april 2011.

Cheers,

navodwickra
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Post by navodwickra » Thu Jun 23, 2011 11:56 am

srirags wrote:Follow the below link:

http://www.ukba.homeoffice.gov.uk/sitec ... ed-workers

They are providing transitional arrangement for Tier 2 of points based system, introduced in 2008 (which has been closed recently) to get extended for further 3 years to make them eligible to apply for PR.

So it is clear that Tier 1 (General) visa holders are also not affected and the new rule for PR which is going to be announced will be applied to migrants after april 2011.

Cheers,
These are for the ppl who were on WP and then were granted incorrect extensions. And thats why it is free of charge I am suprised to see that on HO website.

bagofdoorknobs
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Re: ILR UKBA new Regulations after 2011

Post by bagofdoorknobs » Thu Jun 23, 2011 8:15 pm

dms_sbs wrote:4.14... Removing Tier 2 migrants’ automatic right to apply for settlement after 5 years UK residence will encourage employers to look beyond migrant workers to upskill the domestic labour force. A temporary Tier 2 route will maintain employers’ ability to fill short term skills gaps
from overseas, while discouraging overreliance on foreign workers
Hah hah hah, what idiot bureaucrat came up with this reality-deficient pipedream? If I own a business (I do), then why am I going to "upskill" someone new, when I need someone with skills now? If that person is then delivering good service over a longer period of time (and they do), I'm then supposed to fire them at an arbitrary point, pay a settlement, and replace them with the local person whom I supposed to have been paying for training the entire time? Get the **** outta here.

No, I'll just find someone outside the country, give the work to them and leave it at that. Keep your British jobs for British people. I'll go create work for someone else somewhere else.

As it is, some friends decided not to expand their UK company (as they are foreign), and now redirected the investment elsewhere. In this real world case, the UK gets, well, nothing.

Yet another half-baked, idiot policy from Cameron that will fail. But the egos of a bureaucrat and a few Nasties can be satisfied, which seems to be all that matters.

ouflak1
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Post by ouflak1 » Fri Jun 24, 2011 6:52 pm

My company has recently been purchased by a Chinese corporation. They are struggling mightily to get their people over here for cross training on ICT visas. What looked like a pretty good investment must have certainly turned into a source of frustration, atleast on that front.

I can very much understand a company not wanting to expand in the UK with these kind of restrictions.
Last edited by ouflak1 on Sat Jun 25, 2011 7:23 pm, edited 1 time in total.

Agastya80
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Post by Agastya80 » Sat Jun 25, 2011 6:36 pm

Hi Guys, just found some links from press regarding new changes/proposals...thought will share with everyone at the forum....

http://www.migrantsrights.org.uk/blog/2 ... est-can-ho


http://www.dailymail.co.uk/news/article ... l?ITO=1490

http://www.dailymail.co.uk/news/article ... l?ITO=1490
Thanks!

arsenal49
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Post by arsenal49 » Sat Jun 25, 2011 11:59 pm

seriously.....????

you are linking daily mail articles who couldn't possible be more biased in their reporting!

Aryan2013
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Post by Aryan2013 » Sun Jun 26, 2011 12:54 pm

I don't think these articles add any value to the debate!!

Both are baised and speaking to their constituent's.

fibreman
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Post by fibreman » Wed Jun 29, 2011 9:30 pm

(I moved this from my other post, being told to go here)

First of all, even for changes to tier 2 before, psw etc. these proposals were moderated, and included exceptions to the rules.

Concerning this, Tories have very good ties with City, and firms will fiercely fight this silly regulation. For instance, for investment banks, it is crucial that they can bring Americans, Asians etc. and have them stay or they will move.

This move is a big bullet in the foot, and will damage economy for sure. However, I still think it will be watered down, since firms will threaten to leave, and Liberals won't be too happy either.

Lastly, I think we have an element of human rights here. There is a factor that they can't have everyone as a temp labor.What about thos already in country setting lives?

Even countries like Switzerland, which is extremely tough on permits, eventually will give you right to settle- limits are applied when issuing permits, and criminality checks in place.

Regulation like this would extremely harm uk's competitiveness, and govt has asked expert opinions on this, which will confirm what I said.

In all likelihood, this govt will not be in power when changes start to take effect, so it might well be reversed afterwards.

I bet changes will not be entirely as bad as we think now. I agree, though, that this insecurity harms everyone.

I would value your opinions. I don't think we should panic at the moment.
There are a lot of things to be discussed, and I am sure it will yet be changed.

Aryan2013
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Post by Aryan2013 » Thu Jun 30, 2011 12:14 pm

MAC is calling for evidence and according to their understanding

"
Proposals made in the consultation document included the following, with changes to be applied to those entering the PBS from April 2011:

• Categorise all visas as either ‘temporary’ or ‘permanent’. Permanent visas will be those which allow migrants to apply for settlement (Indefinite Leave to Remain) in the UK.

• Consider capping the maximum period of Tier 1 temporary leave at five years and restricting the number of exceptional talent migrants granted settlement.

• Define Tier 2 as temporary and thereby end the assumption that settlement will be available for those who enter on this route.

• Consider whether certain categories of Tier 2 migrant (for example, ministers of religion, elite sportspeople, those earning over £150,000 and those in occupations of specific economic or social value to the UK) should retain an automatic route to settlement.

• Create a new category into which, after three years in the UK, most exceptional Tier 2 migrants can switch and go on to apply for settlement.

• Apply robust selection criteria to those Tier 2 migrants who wish to switch and possibly a limit on the total number of migrants allowed to switch.

• Allow those Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any
dependants will leave at the end of their leave.
"

I think that tories will implement these proposals. We will see what MAC says about the economic impact but everyone knows this is politics, not economics.

MAC will be reporting in September and I think Govt. will annouce the SoI in Oct/Nov 2011 or Feb/Mar 2012.

bash
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Post by bash » Thu Jun 30, 2011 6:52 pm

guys,
"Consider capping the maximum period of Tier 1 temporary leave at five years and restricting the number of exceptional talent migrants granted settlement"
Again there is confusion as TIER 1 TEMPORARY LEAVE(this applies to existing tier 1 holders be4 april 2011,or tier 1 temporary leave means who enter UK after april 2011 under tier 1 exceptional route??????
CAN ANYONE CARE TO GIVE MORE CLARITY ON THIS,WITH SIMPLE WORDS

Aryan2013
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Post by Aryan2013 » Thu Jun 30, 2011 7:21 pm

No One knows!!!

I think you need to wait, only Govt. can tell you exactly what they mean, so you have to wait till year end or may be early next year.

bash
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Post by bash » Thu Jun 30, 2011 7:23 pm

:(

bash
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Post by bash » Fri Jul 01, 2011 9:47 am

In the document it clearly states,its for tier 1 Exceptional visas i.e april 2011.
so the existing tier 1 visa holders who got visas be4 april 2011 don't come under the new consultation.
thts my understanding:)

Dreemweaver
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Post by Dreemweaver » Fri Jul 01, 2011 12:29 pm

bash wrote:guys,
"Consider capping the maximum period of Tier 1 temporary leave at five years and restricting the number of exceptional talent migrants granted settlement"
Again there is confusion as TIER 1 TEMPORARY LEAVE(this applies to existing tier 1 holders be4 april 2011,or tier 1 temporary leave means who enter UK after april 2011 under tier 1 exceptional route??????
CAN ANYONE CARE TO GIVE MORE CLARITY ON THIS,WITH SIMPLE WORDS
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
)?

4.10 We want to continue to offer a package
that attracts the brightest and best migrants
who will enter the UK under the re-shaped
Tier 1 category. The Government would
welcome views on whether we should allow
Tier 1 migrants, who choose not to apply
for settlement after five years in the UK, the
possibility of a further period of temporary
leave or whether temporary leave should be
capped at a maximum of 5 years. As these
are the high value migrants the UK wants to
attract, we are minded to retain the current
position, which would enable entrepreneurs,
investors and migrants of exceptional talent
to seek repeat grants of temporary leave
indefinitely, should they so wish. With the
changes introduced in April, Tier 1 is now
much more selective than previously, so we
believe the number of Tier 1 migrants opting
for further leave because they fall short of
the requirements for settlement is likely to be
very small and made up of those migrants
who significantly contribute to the economy.
Nonetheless, we would be interested to hear if
there are contrary views.


The question is whether it should be allowed to apply for further extension after Tier 1 holder becomes eligible for settlement. So nothing much to worry as of now

madona587
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Post by madona587 » Fri Jul 01, 2011 1:18 pm

I'm going on PSB TIER2 soon. As much as i hate the fact I can't settle in UK I can't help but feel sorry for the real British people. There is no doubt the mass immigration has affected the country and pushed British people way over their limits. On a positive note at-least I know I have 5 years and my time is ticking. At-least I can plan my future on what I want to do after 5 years. (Save ,Move to another country etc) Most of the immigrants are dodgy and abuse the system which clearly affects the Genuine people. Its inevitable people :roll: (Student Visa abuse, HSMP, TIER1 Self Employment)

For those who are worried remember "Your life could be worse, Its not the end of the world. When one door closes another opens" :D

barbie1
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Post by barbie1 » Fri Jul 01, 2011 2:42 pm

madona587 wrote: As much as i hate the fact I can't settle in UK

Oh, so now it's a fact we can't settle and not a speculation?!

madona587
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Location: London

Post by madona587 » Fri Jul 01, 2011 4:44 pm

barbie1 wrote:
madona587 wrote: As much as i hate the fact I can't settle in UK

Oh, so now it's a fact we can't settle and not a speculation?!
Sorry its still a speculation but my gut feeling is it will be implemented.

barbie1
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Post by barbie1 » Fri Jul 01, 2011 9:35 pm

madona587 wrote:
barbie1 wrote:
madona587 wrote: As much as i hate the fact I can't settle in UK

Oh, so now it's a fact we can't settle and not a speculation?!
Sorry its still a speculation but my gut feeling is it will be implemented.
As long as they don't abolish the 10 year continuous residence I don't care, I need 4 years to reach that (4 student + 2 post study work = 6 so far) and would need 5 years on work visa (just got tier 2) so that option never interested me as much in the first case...

bash
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Post by bash » Sat Jul 02, 2011 8:57 am

guys,
"Consider capping the maximum period of Tier 1 temporary leave at five years and restricting the number of exceptional talent migrants granted settlement"
Again there is confusion as TIER 1 TEMPORARY LEAVE(this applies to existing tier 1 holders be4 april 2011,or tier 1 temporary leave means who enter UK after april 2011 under tier 1 exceptional route??????
CAN ANYONE CARE TO GIVE MORE CLARITY ON THIS,WITH SIMPLE WORDS

seniors ,moderators plzz clarify?

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