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Settlement requirements for PBS migrants from April 2011

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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emini34
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Post by emini34 » Thu Mar 03, 2011 9:24 am

smaganti wrote:Guys,,

i have received a letter from my MP regarding the email i have sent him regarding change of ILR rules .He told he will do whatever he can to help out and he has written to home office regarding this.

so lets wait and see
Good that you have received response from your MP regarding the message you sent. I think this should be a collective effort from everyone of us. I wrote to my MP also and am yet to receive response from her. Well done to the person that post a template of the letter to MP, I make amended to the letter I sent and I think everyone is welcome also to make amendment as it suit them and send to their MP. I think we will win if all of us can take the important step of writing to their MP on time.

Find your MP
http://findyourmp.parliament.uk/

Letter to MP – template
http://www.immigrationboards.com/viewtopic.php?t=73075

It is easy to find the email of your MP and I think it is not any hard work to send the email. Cheers everyone.

Son_of_Soil
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United Kingdom

Post by Son_of_Soil » Thu Mar 03, 2011 10:23 am

Even i do feel that we are panicking a lot. I remember looking at the link posted somehere on BBC news website where Mr Green clearly mentioned that these rules will not effect people already in UK however to apply for settlement there should be no unspent convictions.

rajivilr
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Post by rajivilr » Thu Mar 03, 2011 10:47 am

http://www.bbc.co.uk/news/uk-politics-12471060

hey mate this is the news link of where he said so

He added that the new rules will only apply to new applicants and not to those already in the UK, although those wanting to settle in the UK would have to be clear of any criminal convictions.



I hope he stays with his words.

Raj

smaganti
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Post by smaganti » Thu Mar 03, 2011 11:09 am

Son_of_Soil wrote:Even i do feel that we are panicking a lot. I remember looking at the link posted somehere on BBC news website where Mr Green clearly mentioned that these rules will not effect people already in UK however to apply for settlement there should be no unspent convictions.
He did say that but the document Homeoffice has released clearly states that these will be applied for people applying for ILR after April6th 2011.

Terenze
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Post by Terenze » Thu Mar 03, 2011 12:25 pm

Hi, with regards to the income requirements for a work permit, how does it work?

Let's say the salary must be at £40k, does that means we need to meet that salary at least for the past 12 months?

Or only a few months before?

Please advise anyone?

Son_of_Soil
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Post by Son_of_Soil » Thu Mar 03, 2011 12:26 pm

Thats the one,
Thanks Raj, well i am confident that these will not effect us (people alreday here)

Thanks
hope for best n stay positive guys
rajivilr wrote:http://www.bbc.co.uk/news/uk-politics-12471060

hey mate this is the news link of where he said so

He added that the new rules will only apply to new applicants and not to those already in the UK, although those wanting to settle in the UK would have to be clear of any criminal convictions.



I hope he stays with his words.

Raj

emini34
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Post by emini34 » Thu Mar 03, 2011 12:39 pm

Son_of_Soil wrote:Even i do feel that we are panicking a lot. I remember looking at the link posted somehere on BBC news website where Mr Green clearly mentioned that these rules will not effect people already in UK however to apply for settlement there should be no unspent convictions.
There might be sense in this actually. Really maybe we are panicking too much about this. But there seems to be contradiction in the bbc link and the actually statement of intent. I will think that the statement of intent supersede the interview by bbc

Excerpt from statement of intent
http://bia.homeoffice.gov.uk/siteconten ... iew=Binary

there will be some preliminary tightening of the settlement rules from April 2011 which will affect those submitting applications for settlement on or after 6 April. We will consult later in the year on further settlement reforms. However, those making applications for leave to enter or who are already in the UK and apply to switch into an alternative route on or after 6 April 2011 should be aware that the opportunity to apply for settlement and the requirements for applicants may change. Applicants will need to meet the rules in place at the time of their application for settlement.

Rules and guidance changes effective from
April 2011 will:
• introduce a new income requirement for Tier
1 (General), Tier 2 (General) and Work Permit
holders applying for settlement;


No matter what we all contribute in terms of web links and explanations in this forum, until Home office update their website regarding this issue we will not have proper understanding.

Does anyone know when the issue will be discussed in the parliament or when Home Office is likely to give more information?

Honestly I fear for people that are due to apply for ILR in April, May, June, July, other will have time to prepare although people like me that is due in October 2012 is will not know if further rule change next year will affect my preparations since HO change their mind anytime they wish.

This is unfair.

rajivilr
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Post by rajivilr » Thu Mar 03, 2011 1:20 pm

you are right emini

I am due to apply on 8th of april and if there is anything significant in terms of change then me myself or many others who are due to apply in april or may dont have any time at all. Statement of intent states something different and BBC states something different in terms of what Daimen Green said.

I have sent a mail to my mp as well but have not heard from him and would request all to send a mail if meeting in person is not possible.

I read an article in newspaper where Labour also accepted that there immigration policies were wrong so things are not looking good at all as if labours also dont support then there will be no one against this but atleast we can put a point forward that people who apply under the new rules should be the one getting effected as we initially were told something different.

At the time when I got my Work Permit there were none of these conditions of what they are in tier2 but I still just calculated the points and I was able to qualify but if they say which it does in the statement of intent that you have to meet a particular salary criteria, this was in place only when tier 2 was introduced. Also at a time when people are loosing jobs we are trying to save ours and accept salary cuts and pay taxes at the same time, home office should take this into consideration. We cant stay on benefits and be bothered about jobs, if we need to stay here we need to work and pay taxes.

I dont know even i am waiting for the new rules but lets hope changes are not drastic atleast for people who are already here since 4 or 5 years and due to apply for ILR in a few months weeks or even day in my case.

Raj

Terenze
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Post by Terenze » Thu Mar 03, 2011 1:41 pm

Agree Raj.

So must our salary be met with the requirements at least few months before application?

emini34
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Post by emini34 » Thu Mar 03, 2011 1:54 pm

Terenze wrote:Agree Raj.

So must our salary be met with the requirements at least few months before application?
Who knows? based on previous rules, they most of the time require 12 Months but this time around who knows? i just wonder what is the sense in asking people to meet a criteria that you are not sure what will happen after they get the settlement. be economically active, simple as A B C!

Son_of_Soil
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United Kingdom

Post by Son_of_Soil » Thu Mar 03, 2011 6:43 pm

Guys
i have received a letter from my MP too, he said he has written a letter to Damian Green and will let me know the outcome as soon as he can.

The more of these letters gets to Mr Green, the stronger our case is.

Regards

BSK
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Post by BSK » Thu Mar 03, 2011 6:47 pm

Guys

I have received an e-mail from my MP. he said he has written a letter to Damian Green.

Regards
BSK

rajivilr
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Post by rajivilr » Fri Mar 04, 2011 3:02 pm

Hi,

Has anyone got any more replies from MP. I have sent the mail but have not heard from him yet.

Raj

abbi123
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Post by abbi123 » Fri Mar 04, 2011 3:05 pm

i sent email but haven't received reply still......

sunny1407
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Post by sunny1407 » Mon Mar 07, 2011 11:29 pm

hello all,

i was wondering if there is any chance senior members can put this on a sticky with the "letter to your local MP" template for affected people to send them to their local MPs please?

thanks,

Son_of_Soil
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Post by Son_of_Soil » Tue Mar 08, 2011 8:36 am

Guys
i was wondering when these statement of intenet will become a rules? if rules are changing from 6th april , it must be sometime in this month? is there any particular date set to get these rule published?

smaganti
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Joined: Tue Apr 07, 2009 5:21 pm

Re: Please act quickly !

Post by smaganti » Tue Mar 08, 2011 9:58 am

Dewales,,,

could you please let us know did you met with your MP and the outcome of the meeting...

anyone else has met the MP's..'?

[quote="dewales001"][quote="York123"]Hi All,
It is very difficult to challenge this case if the rules are once implemented , we need to act immediately on this. I tried to contact the MP from my constituency , I managed to get personal appointment on 11th of March. But it is not sufficient if one person meets one MP . One can meet only MP from their constituency if you people try to reach your local MP before mid of March & explain that it is very unfair to change to rules all of a sudden & for people who are already in the country it will help a lot. Even I spoke to solicitor , he said it will be helpful if we can tell about it to Local MP’s.
If you people could not get the appointment to meet the MP atleast send an email to his id, they will atleast check it, if we can convience as many MP as possible then they may vote in favor to us & the bill may not be passed.
Please find out your local MP from your contituency from below link:
http://findyourmp.parliament.uk/
Please try to send the email ASAP.
And also the solicitor suggested if we can sign a petetion & submit to one MP from Labour party he may present it when the bill is passed in the parliament.
Also try to mention the Damain Green words in your email:
“The Government's previous decision to change the rules so that highly skilled migrants who are already here and who want to stay are now disqualified from doing so is both unfair and wrong-headed. It is unfair because those people have made a commitment to this country but are having that flung back in their faces, and it is wrong-headed because it sends a signal to highly skilled people around the world that Britain is an unreliable place.â€

psdesai
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Post by psdesai » Tue Mar 08, 2011 11:45 am

Son_of_Soil wrote:Guys
i was wondering when these statement of intenet will become a rules? if rules are changing from 6th april , it must be sometime in this month? is there any particular date set to get these rule published?
Thats a good point. Anyone know this? Please share
"Freedom is your very nature. Only with freedom, do joy, generosity and other human values blossom. Without freedom, attitudes become stifling, concepts become a burden, information has no value and imagination becomes stagnant."

rajivilr
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Post by rajivilr » Tue Mar 08, 2011 12:08 pm

We are all waiting for these new rules thats it. I am still confused i was in WP and there was no tiers at that time, If i do not have sufficient salary as per the new rules what will happen, I have worked 7 years for same employer and I am really worried now as I am just falling short by 2 days of new rules.

Manas
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Post by Manas » Tue Mar 08, 2011 12:32 pm

psdesai wrote:
Son_of_Soil wrote:Guys
i was wondering when these statement of intenet will become a rules? if rules are changing from 6th april , it must be sometime in this month? is there any particular date set to get these rule published?
Thats a good point. Anyone know this? Please share
Somewhere in this forum I read (probably posted by a senior member or moderator) that in order to implement the statements of intent to rule from 6th April 2011, the govt. needs to put forward the same in the parliament at least 3 weeks before, so latest by 16th March 2011. Please correct me if I am wrong.

Manas
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Post by Manas » Tue Mar 08, 2011 12:34 pm

rajivilr wrote:We are all waiting for these new rules thats it. I am still confused i was in WP and there was no tiers at that time, If i do not have sufficient salary as per the new rules what will happen, I have worked 7 years for same employer and I am really worried now as I am just falling short by 2 days of new rules.
How come after working 7 years in the UK you still are not a Permanent Resident?

rajivilr
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Post by rajivilr » Tue Mar 08, 2011 12:54 pm

two years on WHM mate :(

Son_of_Soil
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Post by Son_of_Soil » Tue Mar 08, 2011 3:05 pm

Guys
I have just been informed by my solicitor that she is 80% sure that there is no transitional agreement for old HSMPians but she also said she is looking into this and will get back to me with a definitive answer

Things are not looking good guys

sunny1407
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Post by sunny1407 » Tue Mar 08, 2011 3:46 pm

Son_of_Soil wrote:Guys
I have just been informed by my solicitor that she is 80% sure that there is no transitional agreement for old HSMPians but she also said she is looking into this and will get back to me with a definitive answer

Things are not looking good guys
but still my point remains valid, even if the new rules apply, ppl on hsmp jr had their last extension on "economic activity" basis

so even if the rules do apply then the new rule being that u ve to meet the criteria of the last extension, that would still mean to meet the "economic activity" criteria only

Son_of_Soil
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Post by Son_of_Soil » Tue Mar 08, 2011 4:13 pm

I know what you mean sunny, i asked my solicitor the same question, she advised that may be we need to score 75 points as when Tier 1 started , we were supposed to have 75 points to qualify for the extention to Tier 1, even thou we didnt have to, as we covered by HSMP JR. according to Solicitor, that willbe the critiera to follow. Rest , she said she will get back to me with a definative answer.
sunny1407 wrote:
Son_of_Soil wrote:Guys
I have just been informed by my solicitor that she is 80% sure that there is no transitional agreement for old HSMPians but she also said she is looking into this and will get back to me with a definitive answer

Things are not looking good guys
but still my point remains valid, even if the new rules apply, ppl on hsmp jr had their last extension on "economic activity" basis

so even if the rules do apply then the new rule being that u ve to meet the criteria of the last extension, that would still mean to meet the "economic activity" criteria only

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