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Transitional arrangements for existing Tier 1 (General)

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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cpq.diya
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Post by cpq.diya » Wed Mar 16, 2011 3:43 pm

thanks mate i was really scared that someone will say 100 its so relieving to see 95, as i m hardly managing them;0..cheers

viki83
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PBS Policy Change

Post by viki83 » Wed Mar 16, 2011 3:44 pm


pgaitonde
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Post by pgaitonde » Wed Mar 16, 2011 3:44 pm

http://www.ukba.homeoffice.gov.uk/sitec ... ier1-2.pdf

Check the latest news guys

They have mentioned the following:

Transitional measures will be put in place to ensure that Tier 1 General migrants already in the UK will be able to extend their stay so long as they meet the requirements in place at the point they entered.

chosenaik
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Post by chosenaik » Wed Mar 16, 2011 4:19 pm

The most relevant changes (actually practically applicable to the majority) seems to be that the income level at ILR time has to be atleast as much as when the points were secured.

IMHO I think this is the best outcome, as for majority, they will have been earning more now than when they came in 5 years ago. For those who arent, they can extend their T1s till they get a job in which they are and then immediately apply.

Again, this is what I understand from reading the above link.

geriatrix
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Post by geriatrix » Wed Mar 16, 2011 5:09 pm

Income criteria
See Table 2 and Table 3 on page 30 in Statement of changes in Immigration Rules (HC 863)

Also, read the Notes that follow (page 31-33).
Last edited by geriatrix on Wed Mar 16, 2011 5:55 pm, edited 1 time in total.
Life isn't fair, but you can be!

lanr3e
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Post by lanr3e » Wed Mar 16, 2011 5:26 pm

chosenaik wrote:The most relevant changes (actually practically applicable to the majority) seems to be that the income level at ILR time has to be atleast as much as when the points were secured.

IMHO I think this is the best outcome, as for majority, they will have been earning more now than when they came in 5 years ago. For those who arent, they can extend their T1s till they get a job in which they are and then immediately apply.

Again, this is what I understand from reading the above link.
I do not agree with you. Introducing a salary threshold for settlement in a climate where people are either being laid off or forced into acccepting lower pay in order to keep their jobs is a bit cynical.

ukswus
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Post by ukswus » Wed Mar 16, 2011 5:30 pm

chosenaik wrote:The most relevant changes (actually practically applicable to the majority) seems to be that the income level at ILR time has to be atleast as much as when the points were secured.
read page 29:

7. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly skilled Migrant, as
a Writer, Composer or artist, self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules
in place since 19 July 2010.

Nothing specifically is said about income criteria in relation to what was secured at the time of initial application. Applicants for ILR will just have to score 75 points.

gregshukla
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Post by gregshukla » Wed Mar 16, 2011 5:33 pm

chosenaik wrote:The most relevant changes (actually practically applicable to the majority) seems to be that the income level at ILR time has to be atleast as much as when the points were secured.

IMHO I think this is the best outcome, as for majority, they will have been earning more now than when they came in 5 years ago. For those who arent, they can extend their T1s till they get a job in which they are and then immediately apply.

Again, this is what I understand from reading the above link.
Can you point out where it says that income level has to be at least as much as when the points were secured?

Looking at the table sushdmehta provided, seems that as long as we get enough points (75 or 80 respectively apart from english+maintenance), then we would get the extension/ILR. e.g. someone might have been earning 45000 previously (so got 45 points), but could still make enough points even if he was now earning 35000 (so will get 40 points) per the table sushdmehta pointed out.

Not saying you are wrong, the requirement may be published somewhere the way you have said, just trying to see where it is stated.

Thanks!

chosenaik
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Post by chosenaik » Wed Mar 16, 2011 5:44 pm

Settlement

On settlement the Rules change applies a new criminality threshold to settlement applications, requiring all applicants to be clear of unspent convictions and also extends the income criteria that applies to those on a temporary route, so that it also applies when they apply for settlement, and to require such applicants to pass the ‘Life in the UK’ test prior to gaining settlement, subject to some transitional provisions.

But per Susdmehta's post, I think I misunderstood and you can indeed earn less.

However, as most of us have lost points for age, i dont know how that will work out, as we will have les total points now. Or is it the case that we automatically get the age points we got when we entered?

martincyy
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Post by martincyy » Wed Mar 16, 2011 6:56 pm

ukswus wrote:
chosenaik wrote:The most relevant changes (actually practically applicable to the majority) seems to be that the income level at ILR time has to be atleast as much as when the points were secured.
read page 29:

7. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly skilled Migrant, as
a Writer, Composer or artist, self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules
in place since 19 July 2010.

Nothing specifically is said about income criteria in relation to what was secured at the time of initial application. Applicants for ILR will just have to score 75 points.
P56
Applicants for indefinite leave to remain as a Tier 1 (General) Migrant will also be required to pass the same points test as they had to pass when they applied for further leave to remain. This effectively means that applicants will need to have achieved the same minimum level of earnings as they had to achieve in their previous application.

It seems the when T1G holder are applying for ILR, we need to pass the PBS again. Am I right?

biggbenn
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Post by biggbenn » Wed Mar 16, 2011 7:16 pm

Good news is that things look pretty much unchanged for the extensions (in regards to points). The only major difference I noted was that you need to have earned at least £16,000 in the UK to earn your 5 points for work experience.

The ILR is a little bit different as you need to earn points, but it looks like it's the same point scale as for the extension (ie. if you needed £23,000 to get a total of 75 points, you will need to earn £23,000 again the year before you apply for your ILR). If you earned £50,000 when you applied for your extension (and claimed the entire amount to give you more than the nececssary 75 points), you do not need to earn £50,000 again, only enough to get you to the 75 point plateau (ie. £23,000).

A bit frustrating that we have to worry about poins again, but at least we're safe for a little while longer.

Sigh of relief.

pdk
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Post by pdk » Wed Mar 16, 2011 8:25 pm

Dear forum members,

i got my tier 1 in August 2008, do i need to check table 2 or table 3 for the ILR ? ( as per the posting by sushmehta, on new rules). Kindly reply

bash
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Post by bash » Wed Mar 16, 2011 9:56 pm

Hey
i waz referring the new table3 ,in the age section should we
Select the age at the time of initisl application or age at the tine
of 1st extension.plz seniors advice.

gregshukla
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Post by gregshukla » Wed Mar 16, 2011 11:01 pm

bash wrote:Hey
i waz referring the new table3 ,in the age section should we
Select the age at the time of initisl application or age at the tine
of 1st extension.plz seniors advice.
At the top of the column it says "age (at date of application for first grant)"

T90
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Post by T90 » Thu Mar 17, 2011 12:05 am

a bit confused, in the table 2 page 30, the points for age differ from whats there in the PBC calculator(for extension applications)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

https://www.points.homeoffice.gov.uk/gu ... AY_04_HELP

gregshukla
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Post by gregshukla » Thu Mar 17, 2011 12:23 am

T90 wrote:a bit confused, in the table 2 page 30, the points for age differ from whats there in the PBC calculator(for extension applications)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

https://www.points.homeoffice.gov.uk/gu ... AY_04_HELP
On the table 2, it says "age at date of application of first grant".

T90
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Post by T90 » Thu Mar 17, 2011 12:30 am

ah damn :oops: ... thanks

zahid.ali.anwar
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Post by zahid.ali.anwar » Thu Mar 17, 2011 1:01 am

sushdmehta wrote:Income criteria
See Table 2 and Table 3 on page 30 in Statement of changes in Immigration Rules (HC 863)

Also, read the Notes that follow (page 31-33).
I am trying to open this document from UKBA website and also tried your link. But failed many times. If any one has this document already downloaded, can you forward that to me on zahid@worldwidelinx.co.uk

Thanks,

kalpitsom
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Post by kalpitsom » Thu Mar 17, 2011 2:28 am

Which date should we consider 'to claim Age Point' for a person (initially with HSMP visa) applying for settlement after April 6:

1. date of application for HSMP Approval OR
2. date of application for entry clearance after getting HSMP Approval

Thanks

innocentdevil
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Post by innocentdevil » Thu Mar 17, 2011 11:29 am

i think the age you need to take into account would be the one when you applied for your SECOND EXTENSION (3 years) or for some people (2 YEARS).

hope this helps

kalpitsom
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Post by kalpitsom » Thu Mar 17, 2011 10:39 pm

Thanks for the reply.
I may be wrong but it seems to be about "First application date for Highly Skilled Visa" but not clear which date it refers to for the ppl with HSMP visa initially (ie. application date for Aproval Letter OR application date for entry clearance).
seniors your comments pls.

Many thanks

jimmymcad
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Post by jimmymcad » Thu Mar 17, 2011 11:17 pm

atleast safe and can go for multiple extensions as long as qualifying for the points.....

yh37
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Post by yh37 » Thu Mar 17, 2011 11:34 pm

pdk wrote:Dear forum members,

i got my tier 1 in August 2008, do i need to check table 2 or table 3 for the ILR ? ( as per the posting by sushmehta, on new rules). Kindly reply
You should use table 2

table 2 – applications for leave to remain and indefinite leave to remain where the applicant has, or has had, leave as a highly Skilled migrant, as a Writer, Composer or artist, Self-employed lawyer, or as a tier 1 (general) migrant under the rules in place before 6 april 2010, and has not been granted leave in any categories other than these since 6 april 2010

pyke
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Post by pyke » Sun Mar 27, 2011 7:24 pm

kalpitsom wrote:Thanks for the reply.
I may be wrong but it seems to be about "First application date for Highly Skilled Visa" but not clear which date it refers to for the ppl with HSMP visa initially (ie. application date for Aproval Letter OR application date for entry clearance).
I think that would be the former.

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