Settlement requirements for PBS migrants from April 2011

[surajban]

It seems we have to create a different topics on

1) Pre Apr 2006
2) Pre Nov 2006 HSMP
3) Pre Nov 2006 workpermit
4) After Nov 2006 HSMP

And so on, as we are seeing lot of questions been repeated which is creating a lot of confusion.

[geriatrix]

1) Pre Apr 2006
2) Pre Nov 2006 HSMP

Exempt from changes in immigration rules.

3) Pre Nov 2006 workpermit

All WP migrants applying for settlement: must be free from unspent convictions and must provide a letter from employer as specified in 134 (iv)

4) After Nov 2006 HSMP

and Tier 1 (General) migrants: - must be free from unspent convictions, and must fulfil the eligibility criteria (read page 30 - 33).

And the confusion is .... ?

[geriatrix]

they assess against my date of application (which is before 31st March) but will not hold true if they consider it against the date when Tier 1 was granted (17th April 2009).

Date of application ... not the date of decision / entry in UK.

[cuberoot]

I have a strange question concerning HSMP. With HSMP there were 2 stages for the application: Initial Approval and then Entry clearance. Which date applies for these new rules?

What happens if you were granted approval pre Nov 2006, but only got entry clearance post Nov 2006?

[geriatrix]

The response, above your post, applies, i.e. - date of HSMP application.

[nmehta]

they assess against my date of application (which is before 31st March) but will not hold true if they consider it against the date when Tier 1 was granted (17th April 2009).

Date of application ... not the date of decision / entry in UK.

Thanks sushdmehta. I just noticed Page 31, point 13 i.e. Qualification Notes also use the words "Under the rules in place between...." which is in line with your comments.

[sys_sagar]

So, Am i correct in saying based on revised proposal published today that applicants who applied for HSMP between april 2006 and 6th Nov 2006 and that they have not changed thier category from Tier1 to any other ,

1. they dont have to score points to qualify for ILR
2. they just have to show they have maintained themselves throught out
5 years
3. are economically active

[psdesai]

The response, above your post, applies, i.e. - date of HSMP application.

I think also says if you got another visa (for e.g Tier 1) after initial visa (i.e. HSMP) then the criteria will be applied for the Tier 1 and not HSMP?

[sys_sagar]

what does this mean

"A migrant who does not have current leave as a highly skilled worker will not qualify for ILR as a highly skilled worker and must first successfully apply to be re-instated as a highly skilled worker before they can apply for ILR from that category"

I got my last extension as Tie1 (General) under JR. Do i need to switch back to Highly skilled in orde to apply for ILR

[geriatrix]

Well, all I can say with certainty is, that:

1. Migrants covered by HSMP JR (any one who applied for HSMP approval prior to 07-Nov-06) are exempt from these new changes irrespective of whether they applied for extensions using Tier 1 (General) eligibility criteria (because they scored enough points at the time or because HSMP JR policy was not yet in place at the time or any other reason) or whether they applied for extension under the provision of HSMP JR policy. If you are covered by HSMP JR, you are covered. Period!

2. If one switched from HSMP to Tier 1 (General), then an HSMP migrant covered by HSMP JR loses the protection offered by the court decision. Please note that one needs to understand the difference between "switching" and "extending" to understand the meaning of this sentence.

3. The date of application is what matters, not the date of decision / entry clearance / entry / leave to remain is stamped.

[surajban]

So I think we almost clear with the following things for HSMP applicants (pre nov 2006)

1) No Criminal Convictions
2) No Salary Criteria
3) No LIUK Test

As Dependants follow main applicants so i hope the same with them by adding the no requirement for 2 years continuous stay (depends upon the case worker).

Kind Regards
Salina02

Sushdmehta can you please also confirm the above things as it will clear to everyone.

[sys_sagar]

Hi Sush,

thanks for your promot response.
While going through revised proposal today , i extracted the following guidance on application applied before april 2006 and those who applied between april & 7 nov 2006. The revised proposal explains requirement to be met for applicants who applied before april 2006 but it doesnt say much about those who applied between april & nov 2006 . see below


FIRST PARAGRAPH


"Consideration of applications covered by the High Court ruling of 6 April 2009



In order to be covered by the High Court ruling an applicant must:
•
Have received a HSMP approval letter issued on the basis of an application made on or before 3 April 2006; and
•
Have been granted entry clearance or Leave to Remain (LtR) on the basis of that letter.
Where an applicant meets the above criteria their application should be assessed under the following requirements:
a.
The migrant has spent a continuous period of four years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant, and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of the Immigration Rules), leave as an Innovator (under paragraphs 210A to 210F of the Immigration Rules) or leave as a Tier 1 (General) migrant
b.
The migrant applied to enter onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years on 03 April 2006, and was successful in that application
c.
Throughout the four years spent in the United Kingdom the migrant has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds
9
d.
The migrant is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both



SECOND PARAGRAPH

Consideration of applications covered by the High Court ruling of April 2008
In addition to those covered by the second judgment (detailed above) there is a separate group who applied to enter the HSMP between the change in the ILR Rules in April 2006 and the change in the HSMP extension criteria in November 2006.
10
Applicants who fall into this category (and are not included in the second judgment) will still be required to meet the continuous leave requirement as specified in the Immigration Rules (currently 5 years).


see above, it doesnt say about any requirement to be met for the group who applied between april & nov 2006 like ho wmuch points to score or should be economically active etc etc

Can you please throw some light on it as I am not able to interpret it properly

[surajban]

Well, all I can say with certainty is, that:

1. Migrants covered by HSMP JR (any one who applied for HSMP approval prior to 07-Nov-06) are exempt from these new changes irrespective of whether they applied for extensions using Tier 1 (General) eligibility criteria (because they scored enough points at the time or because HSMP JR policy was not yet in place at the time or any other reason) or whether they applied for extension under the provision of HSMP JR policy. If you are covered by HSMP JR, you are covered. Period!

2. If one switched from HSMP to Tier 1 (General), then an HSMP migrant covered by HSMP JR loses the protection offered by the court decision. Please note that one needs to understand the difference between "switching" and "extending" to understand the meaning of this sentence.

3. The date of application is what matters, not the date of decision / entry clearance / entry / leave to remain is stamped.

How can someone be switch into Tier 1 after having HSMP, As far as I know it can only be Extending.

[geriatrix]

You can switch into any category that the immigration rules allow you to. Even on date, HSMP migrants can switch to Tier 1 (General), if they wish to. The application form asks you specifically whether you are switching or extending!

[surajban]

But if somone on HSMP he must be selecting the extending option only why he will select the switching option.

I am more focusing on this because i move to tier 1 when the judgement was not yet out in 2008 but i clearly mention in cover letter about this.

I xxx, wish to apply for extending HSMP visa under ‘Tier 1 (General) Points Based System (PBS).

[deeaa1999]

Hi, I came in UK in May 2006 with WP. Got HSMP in June 2007 for 2 yrs. Extended under Tier 1 in June 2009 for 3 years. so I will complete 5 years in June 2011.
Can you please advice where would I fit in. As per my understanding I need to score 75 points and I would get point for Bachelor degree, as I got point during extension, based on when I originally applied my HSMP.

[psdesai]

I got my hsmp letter in sept 2007 then feb 2008 i got my hsmp visa. In may 2009 i got hsmp extension to tier 1. From the propsed document which one will be considered as "last visa" sorry but i am confused here please help thx

[kunald]

...19. Specified documents from two or more sources must be provided as evidence for each source of previous earnings...

For ILR in June-2011, please can anyone suggest what evidence needs to be presented esp with regards to "two or more sources"?

For salary I am assuming it is Salary slips + P60?

For self employed what could be the TWO sources? All I can think of is a letter from accountant and dividend vouchers?

[geriatrix]

For ILR in June-2011, please can anyone suggest what evidence needs to be presented esp with regards to "two or more sources"?

My opinion - the same type of documents that one needs when applying for (Tier 1 (General)) extension.

[darksun]

I apologise if I'm panicking for nothing. I just want to have your opinion as well.
I came uk 2006 may with WP. Switched to Tier 1 on August 2008. No HSMP at all..

So will I be able to get 30 points for bachelor degree for qualifications ?

Because for a second, when i was reading paragraph 13, b, ii; i've intrepreted that I won't get any points for qualifications?

Once again sorry for my silly question...

Cheers

[psdesai]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

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

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

[ts12]

Hi
What about the proposed consultation to be brought in later in the year? Do you think the link between work permit and settlement will be removed permanently thus people will no longer be entitled to settlement? If so when do you think will this come into effect from? Thanks.

[navodwickra]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

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

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

it's so simple your age will be based on the date your first HSMP/Tier1 visa was granted(assuming you haven't switched to any other after that).

Of course they know you don't have any control over your age that's why they consider your age at the time you got your first visa. Is it that hard to understand when the table heading says "at date of application for first grant" ?

[navodwickra]

I apologise if I'm panicking for nothing. I just want to have your opinion as well.
I came uk 2006 may with WP. Switched to Tier 1 on August 2008. No HSMP at all..

So will I be able to get 30 points for bachelor degree for qualifications ?

Because for a second, when i was reading paragraph 13, b, ii; i've intrepreted that I won't get any points for qualifications?

Once again sorry for my silly question...

Cheers

did you have to extend your visa after August 2008? or are you still on the same visa? If you are you get your 30 point

[psdesai]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

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

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

it's so simple your age will be based on the date your first HSMP/Tier1 visa was granted(assuming you haven't switched to any other after that).

Of course they know you don't have any control over your age that's why they consider your age at the time you got your first visa. Is it that hard to understand when the table heading says "at date of application for first grant" ?

navodwickra, I know it sounds silly to ask such question. However in My case as you can see from the history. I had HSMP Letter issued in Sept 2007 at the time my age was 'X' then in Feb 2008 my age has gone up to 'Y' and then then in May 2009 I got Tier 1 that time my age has gone up to 'Z'.
"at date of application for first grant" tells me its either HSMP Letter (Sept 2007) or HSMP Visa Feb 2009. Selecting the incorrect one for me will make 10 points difference in my application.!!

What is your view point in my case is it HSMP Letter Date or HSMP Visa?