Regarding PBS settlement rules coming in place from Apr 2011

[jigar_rasalawala]

I am currently working under Tier 1 (General) category, which was switched from Tier 2 (Intra company transferee) in June 2010. I have entered in UK in month of August 2006 and staying in UK since last 4.5 years.

It seems, new rules for Settlement are coming in place from April 2011. One of them mentioned below is of my concern,

Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.

When I was switched in to Tier 1, my income was £ 56K for period of 12 months from 1st April 2009 to 31st March 2010, which was including my salary and other income for working extra hours at company. Now I am not getting income for working extra hours anymore. Saying that, I will not be having income of £ 56K, when I go for settlement in July 2011.

Please may I know, would that impact my settlement or preventing me in going for settlement in July 2011 ?

Thanks in advance for your help & support.

Regards
Jigar [/b]

[York123]

Not sure whether the new rules will be implemented in April 2011.
Because on Feb 1st Immigration minister have announced that they will start the consultation on all settlement routes in Spring. So if they start the consultation in Spring, they cant implement them in April 2011.

[Manas]

I am currently working under Tier 1 (General) category, which was switched from Tier 2 (Intra company transferee) in June 2010. I have entered in UK in month of August 2006 and staying in UK since last 4.5 years.

It seems, new rules for Settlement are coming in place from April 2011. One of them mentioned below is of my concern,

Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay.

When I was switched in to Tier 1, my income was £ 56K for period of 12 months from 1st April 2009 to 31st March 2010, which was including my salary and other income for working extra hours at company. Now I am not getting income for working extra hours anymore. Saying that, I will not be having income of £ 56K, when I go for settlement in July 2011.

Please may I know, would that impact my settlement or preventing me in going for settlement in July 2011 ?

Thanks in advance for your help & support.

Regards
Jigar [/b]

Few points in response to the query:

1. "Meeting" the income "Criteria" does not necessarily mean you have to "Match" your salary exactly what you showed while extending last (i.e. £56K) - the "Criteria" referred is what UKBA sets out, not what you have set out by your previous earning of £56K!!

2. You have said to have switched to TIG from ICT in June 2010. However, afaik, from 6th April 2010 UKBA stopped allowing an ICT from switching over to T1G. That's why, in the pre-requisite for the break up of 5 years stay in UK, it has been clearly mentioned that for persons applying for ILR with a current T1G Visa, the rest of the period of leave to remain in the UK (i.e. prior to switching over to T1G) could be made up as an ICT, provided ICT category 6th April 2010. Hence, I am not sure how your leave to remain
as an ICT employee between 6th April 2010 to June 2010 will be accounted for while summing up the 5 year tenure!!

3. It is not clear from the post the date of application. However, since the switch over took place in June 2010, it appears that the application was made after 6th April 2010. In that case, indeed the Income slabs are too close, so that if ones salary gets reduced by even £5K, it makes a difference in points, provided one has higher than minimum required qualification and/or can claim points for age.

Having said all these, if what York has said comes out to be true, then there's no worry. However, the salary threshold criteria requirement at ILR is almost a foregone conclusion, already announced by the Home Secretary. What the Immigration Minister has hinted is that the Consultation would be on which all routes would lead to settlement in the future. Anyway, these are all speculations, and only will be ascertained by the Government in the near future.

[jigar_rasalawala]

Hi Manas,

To clear up thing, I had applied for switching into T1G from ICT on 27th May 2010. Before that I was switched into ICT from WP in 2008.

To summaries...

2006 - WP (August 2006 fresh application)
2007 - WP (Extension of WP in August 2007)
2008 - ICT (Swtiched into ICT from WP August 2008)
2009 - ICT (ICT Extension in August 2009)
2010 - T1G (Switch into T1G)

Please can you refer last paragraph at http://www.ukba.homeoffice.gov.uk/worki ... tier2/ict/

Does it mean, I changed category from ICT to T1G after 6th April 2010, it will not added up toward my 5 year settlement in month of August 2011 ?

your reply will help me in evaluating 5 years completion.

Thanks for your help in advance.

Regards
Jigar

[jigar_rasalawala]

[quote="jigar_rasalawala"]Hi Manas,

To clear up thing, I had applied for switching into T1G from ICT on 27th May 2010. Before that I was switched into ICT from WP in 2008.

To summaries...

2006 - WP (August 2006 fresh application)
2007 - WP (Extension of WP in August 2007)
2008 - ICT (Swtiched into ICT from WP August 2008)
2009 - ICT (ICT Extension in August 2009)
2010 - T1G (Switch into T1G)

Please can you refer last paragraph at http://www.ukba.homeoffice.gov.uk/worki ... tier2/ict/

Does it mean, I changed category from ICT to T1G after 6th April 2010, it will not added up toward my 5 year settlement in month of August 2011 ?

your reply will help me in evaluating 5 years completion.

Thanks for your help in advance.

Regards
Jigar

[jigar_rasalawala]

Please someone can

1. Reply to my previous post regarding 5 years eligibility ?
2. let me know, whether "Income criteria" rules is passed and will be applied from April 2011 for each & every settlement ?


Thanks for your help in advance.

Regards
Jigar

[Pierrot95]

Please someone can

1. Reply to my previous post regarding 5 years eligibility ?
2. let me know, whether "Income criteria" rules is passed and will be applied from April 2011 for each & every settlement ?


Thanks for your help in advance.

Regards
Jigar

1. There is no issue with your eligibility in August 2011
2. The "income criteria" is not defined yet, and HO said they will give further details before it is implemented in Apr 2011.

---

[Manas]

Jigar,

Please follow the link, wherein the policy guidance for Tier1(G) that needs to be followed for applications from 23rd December 2010 onwards.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
Go to the last clause on page 8/44 of the above mentioned pdf file and read the requirements for ILR for a Tier1(G) applicant.

The other link (below) gives you UKBA's announcement on income criteria that would be imposed on ILR applicants bearing Tier1 & Tier2 visas from April 2011 (scroll to the end of the page and read contents of the Settlement section).
http://www.ukba.homeoffice.gov.uk/sitec ... ual-limits

Hope these links would come to your help.

[ilrdilemma]

Jigar, As per the new rules, it is important to maintain the same eligibility criteria. In your case, the earnings band is 49,999 pounds, i suppose. Not sure what your earning are currently. If it qualifies, you will get points for earnings, else you may not. The current band is set at 55,000 pounds.

[York123]

Are the rules which were introduced on NOv 24th 2010 are definately being implemented from April 2011..
But so far they have not mentioned anything clearly about them in settlement section.
Will there be no consultation on that before introducing?

[Manas]

Are the rules which were introduced on NOv 24th 2010 are definately being implemented from April 2011..
But so far they have not mentioned anything clearly about them in settlement section.
Will there be no consultation on that before introducing?

They do not appear now in Settlement Section most probably because the rule is only a proposal, not implemented yet. Once it is implemented on and from 6th April 2011 (as proposed), most likely UKBA would then update their Settlement Section accordingly. Technically how can they write today that you need such and such salary criteria, etc. since it is not binding on any applicant who applies for ILR today?

[jigar_rasalawala]

Thank you all for your posts. As ilrdilemma mentioned, I will be coming in band from 50K to 54K, which will not be same as last extension ?

Saying that, will it be stopping me going for settlement ?

[York123]

@Manas:
Did they mention the Date as 6th April 2011??
Where did they tell?
You have send me previously the link( For Nov 24th ) which says about the proposal to introduce new rules for PR from 2011 April..
Is that you are talking about..
The info which you have provided for me earlier is very useful..
Please post me the link if they have announced anything else apart from that Nov 24th proposal..
Thanks in advance...

[smaganti]

what about for workpermits iam on workpermit and on the same salary as stated in workpermit approval letter.Will that affect for ILR in anyway..? or do i need to be in the same salary level as Tier 2

[Manas]

@Manas:
Did they mention the Date as 6th April 2011??
Where did they tell?
You have send me previously the link( For Nov 24th ) which says about the proposal to introduce new rules for PR from 2011 April..
Is that you are talking about..
The info which you have provided for me earlier is very useful..
Please post me the link if they have announced anything else apart from that Nov 24th proposal..
Thanks in advance...

York123,

The date of 6th April comes from UKBA's announcements on Transitional Arrangements for Tier1 (General) Migrants already residing in the U.K. Check the below mentioned link:
http://www.ukba.homeoffice.gov.uk/sitec ... -t1-closed
This is just my own observation, but not explicitly stated in Settlement Reforms proposed in UKBA website!! Most probably the changes in settlement rules would also come into effect from 6th April, since as per my observation that is the date of beginning of a new financial year - So far I have received all the Form P60-s on 5th April. This is the basis of my conclusion of the date.

[York123]

@Manas
The info you provide is always very useful.
Your posts are very convincing & you explain everything with good logic.
I'm very much impressed by it.
Once again thanks for the info..

[pullikanti]

Hi,

Jigar, As per the new rules, it is important to maintain the same eligibility criteria. In your case, the earnings band is 49,999 pounds, i suppose. Not sure what your earning are currently. If it qualifies, you will get points for earnings, else you may not. The current band is set at 55,000 pounds.

Where can we find the rules about the salary criteria when we last applied for extension?
I last applied for extension in Feb 2009 (switched from HSMP to Tier 1 (General)). So, where can I find the salary criteria that was in place at that time.

Thank you.

[sunny1407]

Hi,

Jigar, As per the new rules, it is important to maintain the same eligibility criteria. In your case, the earnings band is 49,999 pounds, i suppose. Not sure what your earning are currently. If it qualifies, you will get points for earnings, else you may not. The current band is set at 55,000 pounds.

Where can we find the rules about the salary criteria when we last applied for extension?
I last applied for extension in Feb 2009 (switched from HSMP to Tier 1 (General)). So, where can I find the salary criteria that was in place at that time.

Thank you.

Did u switch under the JR, if yes then there was never a minimum salary required and also the JR document says that ILR will be given under old rules of "economic activity" after 5 years.

Hopefully that will be the case as I am in the same situation. Any comments from senior members please?

[pullikanti]

Hi,
Yes I switched to Tier 1 (General) from HSMP JR.
But, my current leave expires on 14 Feb 2012. Initially I got entry clearance under HSMP JR(approval letter received in 22nd Nov 2006) on 14th Feb 2007, but I entered UK on 22nd April 2007.
So, I wont complete 5 years by the end of my current leave.
I have to apply for another extension and then apply for ILR 28 days before 22nd April 2012.

So I am afraid whether the new rules that are to be announced for applicants from April 2011 will affect those who switched from JR.
Please clarify.

Thank you.

[sunny1407]

Hi,
Yes I switched to Tier 1 (General) from HSMP JR.
But, my current leave expires on 14 Feb 2012. Initially I got entry clearance under HSMP JR(approval letter received in 22nd Nov 2006) on 14th Feb 2007, but I entered UK on 22nd April 2007.
So, I wont complete 5 years by the end of my current leave.
I have to apply for another extension and then apply for ILR 28 days before 22nd April 2012.

So I am afraid whether the new rules that are to be announced for applicants from April 2011 will affect those who switched from JR.
Please clarify.

Thank you.

Hi
Th switch from hsmp to t1 was a transitional arrangement under the jr and even then we didn't had to show any min salary.
The jr document clearly says that any subsequent extension and ilr shoulde be given on the old rules of economic activity
So will be suprised if they go against the jr policy document
Any thoughts senior members?

[pullikanti]

Hi,
At the time of extension, UKBA has written a letter confirming the success of my extension. In that letter they stated that I can apply for ILR at the end of my leave.
But, this is conflicting with the rule which says that we have to be in the country for continuous period of 5 years.
So, I believe that I have to apply for another extension - though I am not sure about this.

But important point here is that - in that letter they also mentioned that this is subject to change if new rules are introduced at the time of my application for ILR and I should satisfy those new rules, if any.
In your extension letter, did they not state this??...

[sunny1407]

Hi,
At the time of extension, UKBA has written a letter confirming the success of my extension. In that letter they stated that I can apply for ILR at the end of my leave.
But, this is conflicting with the rule which says that we have to be in the country for continuous period of 5 years.
So, I believe that I have to apply for another extension - though I am not sure about this.

But important point here is that - in that letter they also mentioned that this is subject to change if new rules are introduced at the time of my application for ILR and I should satisfy those new rules, if any.
In your extension letter, did they not state this??...

It does but that contradicts the jr policy document which says the ilr has to be given along the old rules, further even if u apply the new rules than in reality there was no min salary required for ur last extension as the t1 switch was a transitional arrangement and u didn't had to show any salary then either

[pullikanti]

Hi,
Yes, you explanation convinces me.
Thank you for the reply.
I am happy to hear this. Hope all goes well and we get ILR.

Thanks again.

[helpneeded2011]

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...

[Manas]

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!!