Consultation on changes to employment-related settlement

[jager]

Also does anyone know when they will implement rules once consultation is closed?

http://www.immigrationboards.com/viewtopic.php?t=78276

[Agastya80]

This consultation document suggests that these proposed changes will be applicable to those who entered under Tier 2 after April 2011. Isn’t this retrospective? I mean by the time these changes will be enforced it will be Sept/Oct. And since April 2011 many would have switched or enterted into tier 2 general category. Current policy guidance for Tier 2 general states that after 5 years you can apply for ILR, but if these new proposed changes are implemented then what will happen to those who entered into Tier 2 general based on the current policy guidelines.

[Sheffield_Marketeer]

I have just had a good read of the document.
Just my opinion - not very good news for all those who had been hoping to go for settlement.
Personally, it looks like my husband and I will both be affected by these very 'retrospective' rules.
Time to start looking for newer opportunities.

[rahul_mrsharma]

what will happen to the people want to extend the Tier1 as they are not meeting the current rules and needs to wait will that change is for every one regard less when the apply for their initial application

Also why not every body in this forum go and vote against this Consultation

[ddb]

Also why not every body in this forum go and vote against this Consultation

Are you sure that they haven't? Turning back the question, have you?

[Aryan2013]

Source: http://www.ukba.homeoffice.gov.uk/sitec ... mmigration

1) See highlighted words in the quote and please tell me can they apply new rules to those who have already been given tier 2 visa (from April 2011) considering the things they are suggesting is NOT a law yet and will, presumably, be not a law at least until September 2011.

2) Can someone, who understand how laws are passed in british parliament, tell me when is the earliest we can see these things become a law?

3) Is there something inherently implied about ILR route (10 years) based on this announcement.

4) For how many days can you be outside UK without resetting your ILR (10 year) clock. Is it calculated over 10-year period or a 1-year period?

As ever, any help will be greatly appreciated.

Regards

Arsenel, the short answer is :

1) They can do retrospective changes, if they wish.

2) They don't have to pass law in parliament for this, simple announcement will do the job.

3) I think the document states very clearly "We will continue to have regard to a migrant’s right to private and family life under Article 8 of the European Convention on Human Rights."
Based on the document, its safe to assume that 10 Years Long Residence will survive but you never know, unless and until they announce the actual consultation response.

As far as my understanding goes -> this is more humane, more balanced and finally more british way of conducting things.

4) You can't be outside UK for 18 months in total and 6 months at one go, as far as I know.[/quote]

[rahul_mrsharma]

So the 5 year cap will be for every one(i.e. those are in uk before Apr 2011 also) means they cant extend their stay any more if they don't Qualify for ILR

[Aryan2013]

So the 5 year cap will be for every one(i.e. those are in uk before Apr 2011 also) means they cant extend their stay any more if they don't Qualify for ILR

Yes, if they implement these proposals!

[Pierrot95]

There is no need to formally close the 10 year route. It will be almost impossible to apply under that route because in-country switching of visa category will be very difficult.
The only scenario to achieve 10 years of legal residence will be 5 years as student, then 3 years of tier 2 and an additional 2 years of tier 2. The requirements to switch from student to tier 2 and to move from the initial 3 years to the next 2 years of tier 2 will be such that only the best of the best can succeed, and they will qualify for ILR under 5 years of tier 2 in that case.

[Aryan2013]

There is no need to formally close the 10 year route. It will be almost impossible to apply under that route because in-country switching of visa category will be very difficult.
The only scenario to achieve 10 years of legal residence will be 5 years as student, then 3 years of tier 2 and an additional 2 years of tier 2. The requirements to switch from student to tier 2 and to move from the initial 3 years to the next 2 years of tier 2 will be such that only the best of the best can succeed, and they will qualify for ILR under 5 years of tier 2 in that case.

Spot on Pierrot95 and by keeping the Long Residence open but effectively closing it, they will keep the moral high ground as well (The document states very clearly "We will continue to have regard to a migrant’s right to private and family life under Article 8 of the European Convention on Human Rights." )

The very ................ way of doing things, I guess!!

[achellap]

Hi guys , i am bit confused after seeing all discussion and various PDF's , sorry to be a pain , could some one advise me in simple words if i am eligible for settle are not ,

i have received the Tier 1 general visa on 27th april 2011 valid until 27 april 2013 .

my question are

if i have enough points to extend my visa on 2013

1.can i further extend it till 2016 ?

2. at 2016 can i go for ILR if i qualify?

[rahul_mrsharma]

http://www.ukba.homeoffice.gov.uk/work- ... nsultation

pass it to as many people as possibel

[pelican2016]

Guys,

Need your suggestion for collecting the documents so that we should be prepared for ILR exactly after 5 years so to avoid a situation of 5 years cap. Please look at my case and suggest me possible steps which I can take to ensure to be able to apply for ILR.

1) Applied for In country Tier 1 General on 30/06/2010 via post as I was on Tier 2 intra company. Got the Stamped visa on 23/07/2010. Just to reconfirm whether I will be eligible for extension as per the rules before 19/07/2010? So for my extension I can show only 75 points? Also should I need to show earning above 40K as I showed the same during my initial application.

2) Even though I got tier 1 in july I resigned the Indian company on 28/12/2010 and as per Indian company rule I need to serve 3 months notice period. Therefore, I returned to india and came back on 6/03/2011 so covering around 60 days. The problem in this case is the Indian company is not ready to provide me P60 instead they are providing form 16 as my stay on intra company transfer was around 6 months. I have UK pay slips for 6 months but no p60. As per ILR rule I need to show 5 years P60 which in my case will not be possible so could you please suggest me what other documents I can submit to show my presence in UK for the first year?

3) As a dependant my wife got the job during Sep 2010 so she has this year P60 with her. Can we show her 5 years P60 during settlement or is it mandatory that I need to show 5 years P60?

Hope this new rules shouldn’t affect the existing tier 1 holders as all there plans will be shattered with these changes.

[achellap]

Hi guys , i am bit confused after seeing all discussion and various PDF's , sorry to be a pain , could some one advise me in simple words if i am eligible for settle are not ,

i have received the Tier 1 general visa on 27th april 2011 valid until 27 april 2013 .

my question are

if i have enough points to extend my visa on 2013

1.can i further extend it till 2016 ?

2. at 2016 can i go for ILR if i qualify?

the reason i am confused is because the consultation document doesn't say anything about the current Tier 1 general holders and criteria only applies to person's who entered into the point system after April 2011


when they say only for people who entered into points system after April 2011 , does it mean that its applicable for people who applied on new points based system introduced on april 2011 or anyone who got their visa after 6th april 2011??

[bash]

i agree with achellap,
i also have gone through the document ,but whether it applies for existing tier 1 general visa holders is very confusing to me:(
people here are just saying soo many things but all with differnet point of view.
so can some seniors give better clarity:)

[balak2]

I sent a mail to UKBA enquiring about the status of Tier 1 (General) migrants in the settlement consultation and the reply is given below:

from Work Settlement Consultations WorkSettlementConsultations@homeoffice.gsi.gov.uk
to XXXXXXXXXXXX@gmail.com
date Fri, Jun 10, 2011 at 3:10 PM
subject RE: Request for clarification regarding consultation question
hide details 3:10 PM (1 hour ago)
Thank you for your email.

The proposals relating to Tiers 1 and 2 would affect migrants who enter the UK under these routes from April 2011 only (please see Chapters 2 and 4)

(Please note that we will not be able to respond to all enquiries; this inbox is for completed questionnaires)


From: XXXXXXXXXXXX@gmail.com
Sent: 10 June 2011 14:54
To: Work Settlement Consultations
Subject: Request for clarification regarding consultation question
- Hide quoted text -

Hi,

I would like some clarification regarding the following question presented in the consultation paper for 'Employment related settlement, Tier 5 and overseas domestic workers'

Question 3: Should temporary leave for Tier 1 migrants be capped at a maximum of 5 years (those who wish to stay longer will be obliged to apply for settlement)?

Is this also applicable for Tier 1 (General) migrants or are these proposed changes solely confined to applicants under Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur) and Tier 1 (Investor) categories?

Also, on Section 4.2 (page 12) of the consultation document, it states that:

We propose to apply these new settlement criteria to those entering Tiers 1 and 2 from April 2011.

As Tier 1 (General) has been closed since April 2011, I infer that the proposed change is not applicable for existing Tier 1 (General) migrants. Request you to please clarify this issue. Thank you.

[achellap]

I sent a mail to UKBA enquiring about the status of Tier 1 (General) migrants in the settlement consultation and the reply is given below:

from Work Settlement Consultations WorkSettlementConsultations@homeoffice.gsi.gov.uk
to XXXXXXXXXXXX@gmail.com
date Fri, Jun 10, 2011 at 3:10 PM
subject RE: Request for clarification regarding consultation question
hide details 3:10 PM (1 hour ago)
Thank you for your email.

The proposals relating to Tiers 1 and 2 would affect migrants who enter the UK under these routes from April 2011 only (please see Chapters 2 and 4)



(Please note that we will not be able to respond to all enquiries; this inbox is for completed questionnaires)


From: XXXXXXXXXXXX@gmail.com
Sent: 10 June 2011 14:54
To: Work Settlement Consultations
Subject: Request for clarification regarding consultation question
- Hide quoted text -

Hi,

I would like some clarification regarding the following question presented in the consultation paper for 'Employment related settlement, Tier 5 and overseas domestic workers'

Question 3: Should temporary leave for Tier 1 migrants be capped at a maximum of 5 years (those who wish to stay longer will be obliged to apply for settlement)?

Is this also applicable for Tier 1 (General) migrants or are these proposed changes solely confined to applicants under Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur) and Tier 1 (Investor) categories?

Also, on Section 4.2 (page 12) of the consultation document, it states that:

We propose to apply these new settlement criteria to those entering Tiers 1 and 2 from April 2011.

As Tier 1 (General) has been closed since April 2011, I infer that the proposed change is not applicable for existing Tier 1 (General) migrants. Request you to please clarify this issue. Thank you.

so does that mean it doesnt apply to anyone who's already in UK before april 2011 or some one who applied on the old rules before 6th april 2011?

[balak2]

so does that mean it doesnt apply to anyone who's already in UK before april 2011 or some one who applied on the old rules before 6th april 2011?

Typical of the UKBA responses, isn't it? Raises more questions rather than answering one. I didn't bother to follow up with another query, because by now, the previous reply:


The proposals relating to Tiers 1 and 2 would affect migrants who enter the UK under these routes from April 2011 only (please see Chapters 2 and 4)


would have been declared as a standard template.

[arsenal49]

The consultation will run for three months, until 9 September and we will announce our firm plans in due course. As the Home Secretary announced in February, we intend the settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system, could have expected to apply for settlement in 2016.

Source: http://www.ukba.homeoffice.gov.uk/sitec ... mmigration

1) See highlighted words in the quote and please tell me can they apply new rules to those who have already been given tier 2 visa (from April 2011) considering the things they are suggesting is NOT a law yet and will, presumably, be not a law at least until September 2011.

2) Can someone, who understand how laws are passed in british parliament, tell me when is the earliest we can see these things become a law?

3) Is there something inherently implied about ILR route (10 years) based on this announcement.

4) For how many days can you be outside UK without resetting your ILR (10 year) clock. Is it calculated over 10-year period or a 1-year period?

As ever, any help will be greatly appreciated.

Regards

[Aryan2013]

The consultation will run for three months, until 9 September and we will announce our firm plans in due course. As the Home Secretary announced in February, we intend the settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system, could have expected to apply for settlement in 2016.

Source: http://www.ukba.homeoffice.gov.uk/sitec ... mmigration

1) See highlighted words in the quote and please tell me can they apply new rules to those who have already been given tier 2 visa (from April 2011) considering the things they are suggesting is NOT a law yet and will, presumably, be not a law at least until September 2011.

2) Can someone, who understand how laws are passed in british parliament, tell me when is the earliest we can see these things become a law?

3) Is there something inherently implied about ILR route (10 years) based on this announcement.

4) For how many days can you be outside UK without resetting your ILR (10 year) clock. Is it calculated over 10-year period or a 1-year period?

As ever, any help will be greatly appreciated.

Regards

Arsenel, the short answer is :

1) They can do retrospective changes, if they wish.

2) They don't have to pass law in parliament for this, simple announcement will do the job.

3) I think the document states very clearly "We will continue to have regard to a migrant’s right to private and family life under Article 8 of the European Convention on Human Rights."
Based on the document, its safe to assume that 10 Years Long Residence will survive but you never know, unless and until they announce the actual consultation response.

As far as my understanding goes -> this is more humane, more balanced and finally more british way of conducting things.

4) You can't be outside UK for 18 months in total and 6 months at one go, as far as I know.

[yasu]

Hi there

I have got Tier 1 visa on 10/2009 and its valid till 10/2012. I am planning to come there next week and hunt for a job.

Currently I'm working in KSA and here its tax free country but no PR routes even if you stay 100 years.

Will I be able to apply for PR once I complete 5 years of stay in UK?

Thanks!

[Sheffield_Marketeer]

balak2

First of all, thank you for taking the initiative of writing to UKBA.

From the email, somehow I get the impression that those people who have been on the PBS before April 2011 will not be affected....

Somehow, I feel so, ofcourse I could be entirely wrong.

The consultation will run for three months, until 9 September and we will announce our firm plans in due course. As the Home Secretary announced in February, we intend the settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system, could have expected to apply for settlement in 2016.

Source: http://www.ukba.homeoffice.gov.uk/sitec ... mmigration

1) See highlighted words in the quote and please tell me can they apply new rules to those who have already been given tier 2 visa (from April 2011) considering the things they are suggesting is NOT a law yet and will, presumably, be not a law at least until September 2011.

2) Can someone, who understand how laws are passed in british parliament, tell me when is the earliest we can see these things become a law?

3) Is there something inherently implied about ILR route (10 years) based on this announcement.

4) For how many days can you be outside UK without resetting your ILR (10 year) clock. Is it calculated over 10-year period or a 1-year period?

As ever, any help will be greatly appreciated.

Regards

Arsenel, the short answer is :

1) They can do retrospective changes, if they wish.

2) They don't have to pass law in parliament for this, simple announcement will do the job.

3) I think the document states very clearly "We will continue to have regard to a migrant’s right to private and family life under Article 8 of the European Convention on Human Rights."
Based on the document, its safe to assume that 10 Years Long Residence will survive but you never know, unless and until they announce the actual consultation response.

As far as my understanding goes -> this is more humane, more balanced and finally more british way of conducting things.

4) You can't be outside UK for 18 months in total and 6 months at one go, as far as I know.

[gunner555]

If one reads the consultation brief properly, you would clearly understand that this is only applicable to those that entered into the new immigration rules from 6th April, 2011.

Tier 1 general is not mentioned because that route was closed on the 5th of April, 2011. Hence, Tier 1 routes like that of Tier 1 investor routes, exceptional talents and entrepreneur routes may be affected. Also Tier 2 migrants and the tier 5 routes.

Don't be misguided by people who said if you got your tier 1 general visa after april 5, 2011, you would be affected. That is a capital 'No' because what counts is that you may have been given your visa in May or june, 2011 but you applied for a tier 1(general) category that was closed by april 5th.

Tier 1 general is not amongst the new immigration rules/routes that kicked in on the 6th of april, hence not affected. That's why it was not ever mentioned.

[ddb]

Well said gunner555.

[bash]

thanx gunner
some clarity atlast