ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Regarding PBS settlement rules coming in place from Apr 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

sunny1407
Junior Member
Posts: 79
Joined: Mon Nov 01, 2010 1:26 pm

Post by sunny1407 » Fri Feb 11, 2011 11:59 am

Manas wrote:
helpneeded2011 wrote:From ilrdilemma's reply it is clear that Jigar may not apply for his ILR because of his timing regarding initial Tier 1 application and new rules for earnings that came into affect. A friend of mine had the same problem last week...(Poor guy lost 1950 GBP in the process, he said the home office was very particular about the earnings figure and bands). One option for Jigar is to extend his Tier 1 for another 3 years and hope he falls it the same bankd as the last extension...
You mean HO have already implemented the Salary Criteria on Tier1(G) ILR applications? But the UKBA site still clearly mentions that this change would come into effect from April 2011!!
I think he is talking about the extension of T1 there rather the ILR, correct me if I am wrong

York123
Junior Member
Posts: 67
Joined: Tue Jan 11, 2011 9:31 am

Post by York123 » Fri Feb 11, 2011 12:00 pm

@helpneeded2011
Salary criteria rule was not yet implemented … It is only for who apply after April 2011.
And I called home office yesterday & they said even those rules are not yet confirmed & they will publish all the details on UKBA website before implementing.
How can they reject your friends ILR on salary basis rule even before implementing it?
Can you please give further details about your friends ILR application?

dixey
Newly Registered
Posts: 19
Joined: Sun Nov 28, 2010 9:41 am

salary crieteria for ILR

Post by dixey » Sun Feb 13, 2011 1:04 am

I would like to draw attention of future ilr applicants that though ukba has made us to sign us a declaration in our tier 1 applications that applicant know that rules governing pbs may change in future but nowhere they have mentioned in their tier 1 forms for the applicants that rules governing ilr may also change in future. So my question is it binding legally that we knew that changes may happen in future and we cant go to court regarding changes to ilr requirements? Experts please comment..

helpneeded2011
Newly Registered
Posts: 22
Joined: Tue Jul 13, 2010 2:12 pm

Post by helpneeded2011 » Mon Feb 14, 2011 12:23 pm

My friend has been rejected not because of new rules but because of the new bands that were created recently and would make the applicant fall outsite the bands, thereby not getting enough points for earnings (very similar to the case of Jigar described here). As suggested, the best and safe bet is to apply for another 3 years of Tier 1 and hope the same bands apply. Home Office is very particular about these. Hope this clarifies all the confusion....

York123
Junior Member
Posts: 67
Joined: Tue Jan 11, 2011 9:31 am

Post by York123 » Mon Feb 14, 2011 12:41 pm

@helpneeded2011
Is he rejected for ILR??

Manas
Newbie
Posts: 41
Joined: Sat Oct 09, 2010 11:17 am

Post by Manas » Mon Feb 14, 2011 12:49 pm

helpneeded2011 wrote:My friend has been rejected not because of new rules but because of the new bands that were created recently and would make the applicant fall outsite the bands, thereby not getting enough points for earnings (very similar to the case of Jigar described here). As suggested, the best and safe bet is to apply for another 3 years of Tier 1 and hope the same bands apply. Home Office is very particular about these. Hope this clarifies all the confusion....
Even for Extension Application, the policy guidelines for Tier1 General Visa (the latest one dated 23rd December 2010) clearly mentions that all the criteria (age, qualification, income, uk experience) for Extension applications would be exactly the same as that of the Initial application. Hence, if one can maintain one's original status then there should not be any problem at all for getting an extension.

kunald
Junior Member
Posts: 83
Joined: Sun Feb 13, 2011 1:13 pm

Post by kunald » Mon Feb 14, 2011 1:32 pm

Manas wrote:Even for Extension Application, the policy guidelines for Tier1 General Visa (the latest one dated 23rd December 2010) clearly mentions that all the criteria (age, qualification, income, uk experience) for Extension applications would be exactly the same as that of the Initial application. Hence, if one can maintain one's original status then there should not be any problem at all for getting an extension.
Exactly!! My understanding is that the new bands are for new applications?

june20
Newbie
Posts: 38
Joined: Fri Jun 20, 2008 9:53 am

Post by june20 » Mon Feb 14, 2011 1:50 pm

Manas wrote:
helpneeded2011 wrote:My friend has been rejected not because of new rules but because of the new bands that were created recently and would make the applicant fall outsite the bands, thereby not getting enough points for earnings (very similar to the case of Jigar described here). As suggested, the best and safe bet is to apply for another 3 years of Tier 1 and hope the same bands apply. Home Office is very particular about these. Hope this clarifies all the confusion....
Even for Extension Application, the policy guidelines for Tier1 General Visa (the latest one dated 23rd December 2010) clearly mentions that all the criteria (age, qualification, income, uk experience) for Extension applications would be exactly the same as that of the Initial application. Hence, if one can maintain one's original status then there should not be any problem at all for getting an extension.

Where doe it mention on the policy guidance that criteria should be same for extesion application. I have gone through the policy guidance no where it mentions that criteria should be same. Even if you are different salary band your application will be granted if you score minimum required points. Correct me if I am wrong

Manas
Newbie
Posts: 41
Joined: Sat Oct 09, 2010 11:17 am

Post by Manas » Mon Feb 14, 2011 7:47 pm

june20 wrote: Where doe it mention on the policy guidance that criteria should be same for extesion application. I have gone through the policy guidance no where it mentions that criteria should be same. Even if you are different salary band your application will be granted if you score minimum required points. Correct me if I am wrong
Well, if you are also referring to the same document that I have referred to in my earlier post (Tier1 G Policy Guidelines, 23rd Dec 2010), then I have a doubt whether you have gone through the same thoroughly, and if you have done so, I am afraid you probably did not comprehend the contents in that document!!

Now, here's the link to the pdf file that contains Tier1 G Policy Guidelines
(this is the latest version that's available on line in UK BA website)

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Go to pg 21/24 of the above mentioned pdf file, wherein, on the right hand side of that page it can be seen:

Points available for earnings claimed –
extension applications
131. Applicants should note that the
available points for earnings differ at
extension stage depending on what date
you first successfully applied under Tier
1 (General) or the Highly Skilled Migrant
Programme (HSMP).

Extension applications- Applications
for leave to remain where the applicant
has, or last 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 31 March 2009
Earnings Points available
£16,000-£17,999 5 points
£18,000-£19,999 10 points
£20,000-£22,999 15 points
£23,000-£25,999 20 points
£26,000-£28,999 25 points
£29,000-£31,999 30 points
£32,000-£34,999 35 points
£35,000-£39,999 40 points
£40,000 or more 45 points
Extension applications- Applications for
leave to remain where the applicant has,
or last had, leave as a Tier 1 (General)
Migrant under the rules in place between
31 March 2009 and 05 April 2010.
Earnings Points Available
£20,000-£22,999 15 points
£23,000-£25,999 20 points
£26,000-£28,999 25 points
£29,000-£31,999 30 points
£32,000-£34,999 35 points
£35,000-£39,999 40 points
£40,000 or more 45 points

Similarly, for the other attributes, e.g. Age, Qualification there is a similar distinction made between points awarded for extension applications based on the date of the original application.

Hope this explanation is good enough to comprehend....

june20
Newbie
Posts: 38
Joined: Fri Jun 20, 2008 9:53 am

Post by june20 » Tue Feb 15, 2011 9:55 am

Manas wrote:
june20 wrote: Where doe it mention on the policy guidance that criteria should be same for extesion application. I have gone through the policy guidance no where it mentions that criteria should be same. Even if you are different salary band your application will be granted if you score minimum required points. Correct me if I am wrong
Well, if you are also referring to the same document that I have referred to in my earlier post (Tier1 G Policy Guidelines, 23rd Dec 2010), then I have a doubt whether you have gone through the same thoroughly, and if you have done so, I am afraid you probably did not comprehend the contents in that document!!

Now, here's the link to the pdf file that contains Tier1 G Policy Guidelines
(this is the latest version that's available on line in UK BA website)

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Go to pg 21/24 of the above mentioned pdf file, wherein, on the right hand side of that page it can be seen:

Points available for earnings claimed –
extension applications
131. Applicants should note that the
available points for earnings differ at
extension stage depending on what date
you first successfully applied under Tier
1 (General) or the Highly Skilled Migrant
Programme (HSMP).

Extension applications- Applications
for leave to remain where the applicant
has, or last 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 31 March 2009
Earnings Points available
£16,000-£17,999 5 points
£18,000-£19,999 10 points
£20,000-£22,999 15 points
£23,000-£25,999 20 points
£26,000-£28,999 25 points
£29,000-£31,999 30 points
£32,000-£34,999 35 points
£35,000-£39,999 40 points
£40,000 or more 45 points
Extension applications- Applications for
leave to remain where the applicant has,
or last had, leave as a Tier 1 (General)
Migrant under the rules in place between
31 March 2009 and 05 April 2010.
Earnings Points Available
£20,000-£22,999 15 points
£23,000-£25,999 20 points
£26,000-£28,999 25 points
£29,000-£31,999 30 points
£32,000-£34,999 35 points
£35,000-£39,999 40 points
£40,000 or more 45 points

Similarly, for the other attributes, e.g. Age, Qualification there is a similar distinction made between points awarded for extension applications based on the date of the original application.

Hope this explanation is good enough to comprehend....

Well, I am on the same page as you are. Your earlier post mentioned that salary band for extension application should be same as that of initial application. But thats not the case. Even if you satisfy the salary criteria with a lower salary band for extension as compared to initial application you will be granted Tier1 visa. Correct me if I am missing something but thats my understanding

masoodrab
Newly Registered
Posts: 12
Joined: Thu Sep 16, 2010 9:35 pm

Post by masoodrab » Tue Feb 15, 2011 11:58 am

Hi everyone,

I am just wondering if this salary criteria would be applicable to HSMP ( Pre- Nov 2006 ) as well. I am due for ILR in July 2011 after having five year on HSMP followed by Tier 1. Obviously I did not need to meet any extension criteria at point of extension in 2008.

Regards.

York123
Junior Member
Posts: 67
Joined: Tue Jan 11, 2011 9:31 am

Post by York123 » Tue Feb 15, 2011 1:08 pm

@Manas
Could you please tell me whether the friend of helpneeded2011 got rejected for ILR or Tier 1 extension on salary criteria???
This topic initially started regarding the upcoming rules of ILR & i'm not sure whether you people are still discussing about it or not ...
Could you please confirm me about this...

sunny1407
Junior Member
Posts: 79
Joined: Mon Nov 01, 2010 1:26 pm

Post by sunny1407 » Wed Feb 16, 2011 3:48 am

masoodrab wrote:Hi everyone,

I am just wondering if this salary criteria would be applicable to HSMP ( Pre- Nov 2006 ) as well. I am due for ILR in July 2011 after having five year on HSMP followed by Tier 1. Obviously I did not need to meet any extension criteria at point of extension in 2008.

Regards.
I am in the same boat, the JR policy document clearly says that the ILR to be given under old rules of "economic activity" so hopefully that will be the case and no salary criteria required for people under JR

Saying that even if they apply the new rules, even then although the last extension was for Tier 1 (transitional arrangement) we didn't had to meet any salary criteria so in theory that still means no salary criteria.

lets c what happens!

dixey
Newly Registered
Posts: 19
Joined: Sun Nov 28, 2010 9:41 am

salary crieteria for ILR

Post by dixey » Wed Feb 16, 2011 7:18 am

Hi all,

i am concerned about ILR changes in April 2011. Actually i have been made redundant from work yesterday. I was on Tier 1 and my 5 years are up in September 2011. I think it would be difficult and may take a while before i can secure any job and that which would pay me as much as the last one. Has nybody heard or came across any talks on transitional arrangements for existing temporary residents in UK for ILR settlements?

Please help

cuberoot
Member
Posts: 138
Joined: Wed Jan 25, 2006 6:50 pm

Post by cuberoot » Wed Feb 16, 2011 11:11 am

Some more detail is available here

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Feb 16, 2011 11:28 am

Please continue in the new topic.

Locked