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mine was not identical, though signed by HSMP TeamFKarim wrote:The email replies that some members of this board including myself have received are identical, word-to-word, which makes me believe this is an automated response. It is possible that in the past the HO used to realise and think that new rules may never be applied to existing residents and based on that sensible assumption they might've setup filters and automated responses. Perhaps they haven't got round to updating these yet. Just a theory ...
I got lucky yesterday and managed to log on to the IND and "Working in the UK" websites, suffered massive delays though. If you look at the full statement of rules under the HSMP/WP sections on the IND website, they are still talking about 4 years for settlement. Same is the case with HSMP/WP summary guidance on the "Working in the UK" website. However, if you open the new ILR application form, it does say that people applying from 3rd April will need to have completed 5 years of residence as opposed to 4.
May be this is the same sheer laziness and "don't bother" attitude towards keeping information up-to-date on the websites that we are seeing in their emails.
now it looks like WP holders get ILR after 4 years and HSMP holders after 5 years:easylife4me wrote:this is what i got from
Statement of Changes in Immigration Rules HC 1016
I am here: Home > News > Press releases and announcements > Statement of Changes in Immigration Rules HC 1016
31 March 2006
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:
(i) he has spent a continuous period of 4 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 131, 131A, 131B, 131C, 131D, 131E or 131F throughout the 4 year period; and
(iii) he is still required for the employment in question, as certified by his employer.
i m totally confused
Indefinite leave to remain as a highly skilled migrant
135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years? leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as work permit holder under paragraphs 128 to 134 of these Rules, or as an Innovator under paragraphs 210A to 210H of these Rules; and
With apologies for copying such a length of text but the IND website is soooooo slow![/quote]Explanatory Memorandum to the Statement of Changes in Immigration Rules Laid on 30 March 2006 (HC 1016)
I am here: Home > Laws & Policy > Immigration Rules > Explanatory Memorandum to the Statement of Changes in Immigration Rules Laid on 30 March 2006 (HC 1016)
1.This explanatory memorandum has been prepared by the Home Office and is laid before Parliament by Command of Her Majesty.
2.Description
2.1 This Statement of Changes in Immigration Rules replaces the Statement of Changes in Immigration Rules laid on 13 March but is to take effect on the same date as the instrument it replaces.
2.2 This Statement of Changes (like the Statement of Changes laid on 13 March) contains the following six policy changes:
* For all employment related categories of entry to the UK the qualifying period for settlement ('indefinite leave to remain') is now 5 years.
* A change to the provisions for Postgraduate Doctors and Dentists, so that only those doctors and dentists who have completed their medical or dental degree in the UK will be eligible for leave in this category, and then only to complete the two-year Foundation Programme.
* A change to the Science and Engineering Graduates scheme to incorporate provisions announced in the Chancellor's Pre Budget Report on 5 December. This will enable all Master's and PhD students to apply to work in the UK for 12 months after they complete their studies, regardless of the subject they have studied.
* A change to prevent non-visa nationals in the UK as visitors from being able to switch into the student category for courses above degree level. This change also moves the transitional provisions for the October 2004 (CM 6339) Rules change from guidance notes into the Immigration Rules.
* A technical amendment to the civil partner provisions to include the term 'proposed civil partner' in one paragraph which was omitted when the civil partners changes were originally laid on 24 October 2005 (HC 582).
* A technical amendment to allow work permit holders to switch into the Overseas Nurses Programme to undertake a period of supervised practice or midwife adaptation training.
2.3 There are three key differences between the previous Statement of Changes laid on 13 March and this Statement of Changes. They are as follows:
* Applicants coming to the UK under the ancestry provisions must have leave in this capacity for 5 years in order to qualify for settlement. The previous Statement of Changes provided for leave to be granted in the following pattern: 2 years' leave to enter, followed by 3 years' leave to remain, rather than allowing one single period all the way up to the settlement qualifying period. This Statement of Changes allows for one single period to be granted all the way up to the settlement qualifying period. So, leave to enter and leave to remain under the ancestry provisions may now be granted for up to 5 years at a time.
* Prospective students need to have sought prior entry clearance if they subsequently wish to switch to student status in the UK.
* The rules for postgraduate doctors and dentists have been amended to clarify that applicants need not have completed their medical or dental degree in the 12 months preceding their application, if they are applying for leave to enter and have previously been granted leave in this category.
3.Matters of special interest to the Joint Committee on Statutory Instruments
3.1 None.
4.Legislative Background
4.1 The Immigration Rules are the Rules made under section 3(2) of the Immigration Act 1971. These constitute a statement of practice, as laid before Parliament by the Home Secretary, to be followed in regulating entry into, and stay of persons in, the United Kingdom. Under section 3(2) the Secretary of State is obliged ".. from time to time (and as soon as may be) lay before Parliament
statements of the Rules, or any changes in the Rules, laid down by him as to the practice to be followed in the administration of this Act ..".
4.2 This Statement of Changes in Immigration Rules will be laid on 29 March. All the changes will take effect on 3 April.
4.4 This Statement of Changes in Immigration Rules was incorporated into a consolidated version of the Immigration Rules, which can be found under the 'Laws & Policy' page at: www.ind.homeoffice.gov.uk, where there are also copies of all the Statement of Changes in Immigration Rules issued since May 2003.
5.Extent
5.1 This Statement of Changes in Immigration Rules applies to all of the United Kingdom.
6.European Convention on Human Rights
6.1 Not applicable.
7.Policy background
7.1 A summary of each of the six policy changes contained in this Statement of Changes in Immigration Rules follows:
Settlement
* In its February 2005 paper 'Controlling Our Borders: the Five Year Strategy for Asylum and Immigration', the Government set out its view that permanent migration must also be a journey towards being as socially integrated as possible. Those in employment related routes to settlement will now have to spend 5 years working in the UK before being eligible to apply for settlement. This brings us in line with the European norm for these purposes and also helps to ensure that settlement is a final stage in an on-going process of building up an attachment to the UK.
* A 5-year qualifying period leads to a pattern of leave being granted of 2-years followed by 3 years. This will be of benefit to those setting up in business or entering as investors, innovators and in a self-employed capacity where a 2-year initial leave period for establishing oneself is more realistic. Persons who qualify for entry under the UK ancestry provision have always been granted leave to remain for the entirety of the settlement qualifying period. Although the Statement of Change laid on 13 March (now withdrawn) gave them a pattern of leave in line with other categories (2-years followed by 3-years) it has been decided to restore to them the facility of being granted leave to enter for the entirety of the settlement qualifying period as before.
* The overall policy change is not regarded as controversial. In order to qualify for settlement after 4 years applicants were required to show that they will remain in employment or viable self-supporting activity for the foreseeable future. We are simply asking this state of affairs to continue and to be marked after 5 years instead of four.
* The European norm will become established as a right under the Free Movement of Persons Directive for EEA nationals exercising treaty rights after 30 April 2006. The Government does not feel that there are any benefits to be had by the UK maintaining a 4 year provision for such nationals; even more so given its wish to increase the qualifying period to 5 years for others anyway.
Postgraduate Doctors and Dentists
* The current Postgraduate Doctor and Dentist category is a longstanding one which enables overseas doctors and dentists to come to the UK to train here for long periods. Doctors and dentists in non-training posts at the same grades as those covered by this category are currently considered under employment provisions and different requirements apply.
* Both the needs and the structure of the health service and medical training programmes have changed considerably since this category was introduced, as have the immigration provisions for overseas nationals who want to work in the UK. In addition, the number of places in UK medical and dental schools has increased, meaning that there are now more UK graduates seeking relevant training posts. There is therefore no longer a need for a specific category in the Immigration Rules to enable doctors and dentists who are overseas nationals to train in the UK for many years.
* These changes mean that only those doctors and dentists who have completed their medical or dental studies in the UK will be eligible for leave as a Postgraduate Doctor or Dentist, and then only to complete their two year Foundation Programme.
* Overseas doctors and dentists will still be able to train in the UK, but they will be considered to be in employment for immigration purposes and will need to meet the relevant requirements of the Immigration Rules, such as the work permit system.
* These changes have been prompted by a request from the Department of Health, given the needs and structure of the health service and medical training programmes. It will clarify the immigration provisions as there will no longer be different requirements for those in training and non-training posts at the same grade after the Foundation Programme. The Department of Health announced these changes to the medical community on 7 March.
* In addition, we have taken this opportunity to clarify the provisions for those undertaking periods of clinical attachment or dental observer posts in the UK, so that that maximum amount of leave better reflects the intention of these posts as being for short periods only. We have also included provisions for Postgraduate Doctors and Dentists to switch into leave as a Person Intending to Establish Themselves in Business, which has been stated in the Immigration Rules for Postgraduate Doctors and Dentists since July 2005.
Science and Engineering Graduates Scheme (SEGS)
* The Chancellor's Pre Budget Report published on 5 December 2005 included the announcement of a provision to "allow all international students on completion of a postgraduate degree, or an undergraduate degree in a shortage sector, to work in the UK for up to 12 months" (section 3.101). We are updating the SEGS to reflect this provision.
* SEGS already enables overseas students who have been awarded an undergraduate degree (at 2:2 or above), Master's degree or PhD in a subject which is approved by the Department for Education and Skills for the purposes of this scheme to work in the UK for up to 12 months after their studies. They can switch into other immigration categories to continue to work in the UK beyond this 12 months.
* These changes apply to all Master's degree and PhD students commencing their studies in the UK on or after 1 May 2006. They will be eligible to apply for SEGS regardless of the subject they have studied. This new provision is part of measures the Government is taking to make the UK a more attractive study destination and to encourage more international students to come to the UK to study. There are separate provisions in place to enable those overseas students already studying in the UK to work here after their studies.
Students
* Whilst the 2004 Rules change (CM 6339) on switching by non-visa nationals has gone some way to moderate abuse, scope for misuse of the student route clearly persists in our switching arrangements. The Home Office is publicly committed to introducing mandatory entry clearance for students as part of the points-based system for managed migration in order to decrease opportunities for abuse and regularise the routes by which students enter the UK.
* Previously, non-visa nationals who were admitted to the UK as visitors could be granted leave as a student if they had been accepted on a course of degree level or above. All other visitors (visa nationals, and non-visa nationals accepted for courses below degree level) were prohibited from gaining leave as a student without having the necessary entry clearance. This change removes the more favourable Rules for non-visa national visitors who have been accepted for courses of degree level or above, so that they too must have entry clearance as a student or prospective student before they will be allowed to switch into the student category.
* Non-visa nationals who were granted leave to enter as a visitor before 1 July 2006 will not be subject to this Rules change and will continue to enjoy the same rights as before (defined under Rules change CM6339 which took effect on 1 October 2004).
* Non-visa nationals with prior leave to enter or remain except as visitors (and except for some other select categories listed in paragraph 60(i)(c)) will still be able to switch into the student category without requiring entry clearance as a student or prospective student, subject to having been accepted on a course of study of degree-level or above.
* Prospective students need to have sought prior entry clearance if they subsequently wish to switch to student status in the UK.
* We have also taken this opportunity to insert the transitional arrangements stemming from CM6339 into paragraph 60 (i).
Civil Partnership
* The changes to the Immigration Rules to include provision for civil partners came into effect on 5 December 2005. Due to an oversight, the term 'proposed civil partner' was not included in paragraph 284(i). In practice, applications have not been penalised because this term was not included but this amendment now brings 'proposed civil partners' in line with 'fiances'.
Overseas Nurses Programme
* In order to practice in the UK, all overseas qualified nurses must be registered with the Nursing and Midwifery Council (NMC).
* A nurse who holds an overseas nursing qualification may be required by the NMC to undertake a specified period of supervised practice or midwife adaptation training before they can be registered. Those individuals required by the NMC to complete a period of supervised practice or midwife adaptation training are admitted to the UK, or given leave to remain, under a permit-free employment category.
* At present, there is no provision within the Rules for an individual to switch immigration categories from a work permit holder to the Overseas Nurses Programme as a supervised practice nurse or midwife undertaking adaptation training. Some overseas qualified nurses enter the UK as work permit holders to work in the care sector but subsequently seek to undertake a period of supervised practice in order to take employment as a registered nurse in the NHS. Work Permits (UK) approved approximately 2,500 work permit applications for senior carers between April 2004 and March 2005.
* The NMC would like to be able to recruit overseas qualified nurses who are in the UK as work permit holders (e.g. senior carers) without the individual being required to leave the UK and apply for entry clearance.
* There is no policy reason for the Home Office to prevent work permit holders switching immigration status to supervised practice nurses. In October 2004 we did tighten up switching provisions to severely limit the exercise of discretion to authorise switching into employment categories. However, that was in the context of limiting switching from temporary migration routes to permanent ones. This is not the case here.
8.Impact
8.1 A Regulatory Impact Assessment has not been prepared for this Statement of Changes in Immigration Rules as it has no impact on business, charities or voluntary bodies.
9.Contact
9.1 Queries should be addressed to the Home Office's Immigration and Nationality Enquiry Bureau on telephone: 0870-6067766 or by e-mail: indpublicenquiries@ind.homeoffice.gsi.gov.uk
So what will happen to people who were on Work permit before and then switched to HSMP. Are they elligible for ILR after four years (comnining HSMP and WP) or they will be elligible after 5 years??easylife4me wrote:http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html
sorry i m not able to post the screen short.
but This is what I can make out from the above press Release------for WP its 4 years and hsmp its 5 years .
They will simply be seconded to deal with FLR(IED) extension applications instead of SET(O) forms. No one is going to be made redundant there.timefactor wrote:ILR Team at HO would be facing redundancy now
