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Tier 1 -ILR unfair?

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Johnwoo
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Posts: 20
Joined: Tue Sep 11, 2012 4:48 pm

Tier 1 -ILR unfair?

Post by Johnwoo » Sun Nov 18, 2012 8:54 am

Hi,
I got tier 1 for 2 years in 2010 had to earn 35k in recession. In 2012 again same rules had to earn 35k.

Now i received 3 year tier 1 visa. When i apply for ILR do i need to show earns of 35 k AGAIN?

It is bit unfair as all of us who once complete 5 years should be given ilr without going through earnings test again.

Anways could someone confirm :
1. Do i need to earn 35k again?
2. Is there anyone who will challenge this rule?

John Woo
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uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
Contact uksettlement
India

Post by uksettlement » Sun Nov 18, 2012 9:32 am

As per the current rules, you will again have to show that you qualify with the points to be eligible for ILR. The points for earnings will be based on the last 12 consecutive months of the 15 previous mths.

I am sure quite a few people would want to challenge this rule but the rule changes has already been implemented a while back.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.
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Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Nov 18, 2012 10:03 am

You will have to score points for your salary, as already advised by another member. You can view the points scale on the UKBA site. This requirement is necessary to preserve the highly-skilled nature of this category. There would be no merit (and little public appetite) in having migrant workers earning a minimum salary in a low-skill position, and then being awarded settlement in the UK with their families. This policy endeavors to effectively plug what was a crass loophole in the previous legislation that permitted this.

www.immigrationboards.com/viewtopic.php?t=101383
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Johnwoo
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Posts: 20
Joined: Tue Sep 11, 2012 4:48 pm

Post by Johnwoo » Wed Nov 21, 2012 9:21 am

Rather than waiting for someone to challnge the decesion, we should do it. I am dicussing case with my lawyer and we intend to challenge requirment of earning over 30k again when applying for ilr.(im on tier 1 genral).

Once my lawyer comes with the plan i will post you guys update here.
I belive law/policy of earning after completing 5 year under tier 1 (genral) is unfair.
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Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed Nov 21, 2012 1:43 pm

Johnwoo wrote: I belive law/policy of earning after completing 5 year under tier 1 (genral) is unfair.
Why?
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PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Nov 21, 2012 7:46 pm

Greenie wrote:
Johnwoo wrote: I belive law/policy of earning after completing 5 year under tier 1 (genral) is unfair.
Why?
I want to know why the policy is unfair too.
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