Post
by timarli » Fri May 18, 2012 10:23 pm
I have just compared the current rules there seems to be only one difference between them.
Paragraph (b) of Tier2 and Paragraph (ii) of WP
Requirements for T2 ILR
(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(c) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 Migrant, in any combination of the following categories:
(i) as a Member of the Operational Ground Staff of an Overseas-owned Airline,(ii) as a Minister of Religion, Missionary or Member of a Religious Order, (iii) as a Qualifying Work Permit Holder, (iv) as a Representative of an Overseas Business, (v) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, (vi) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant, (vii) as a Highly Skilled Migrant, (viii) as an innovator, (ix) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or (x) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or (2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
(d) The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that:
(i) he still requires the applicant for the employment in question, and
(ii) in the case of a Tier 2 (General) Migrant applying for settlement, that they are paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the United Kingdom Border Agency.
(e) The applicant provides the specified documents as set out in the application form for settlement and accompanying guidance to evidence the sponsor's certification in subsection (d) (ii).
(f) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
Requirements for WP ILR:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, and
(v) the applicant provides the specified documents as set out in the application form for settlement and accompanying guidance to evidence the employer's certification in sub-section (iv), and
(vi) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA of these Rules, unless he is under the age of 18 or aged 65 or over at the date of his application;
(vii) he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders act 1974
- I couldn't find what are those "requirements 128(i) to (v)" mentioned in para (ii) -
Actually reading all of these together with the "Appendix I" which explains the changes that will come into force from 6 April 2016, I don't think I need to worry too much about changing the job. Even the £35K rule doesn't apply to me as long as I apply for ILR before 2016. Am I right in thinking this way?
