Page 10-11!PBS statement of intent, transitional measures and ILR wrote:INDEFINITE LEAVE TO REMAIN (SETTLEMENT)
On the 23 November 2010, the Home Secretary set out the Government’s intention to restrict settlement and to end the link between temporary migration for work or study and staying in the UK permanently. As a first step towards achieving these objectives, there will be some preliminary tightening of the settlement rules from April 2011 which will affect those submitting applications for settlement on or after 6 April.
We will consult later in the year on further settlement reforms. However, those making applications for leave to enter or who are already in the UK and apply to switch into an alternative route on or after 6 April 2011 should be aware that the opportunity to apply for settlement and the requirements for applicants may change. Applicants will need to meet the rules in place at the time of their application for settlement.
CHANGES TO THE SETTLEMENT RULES FROM APRIL 2011
Rules and guidance changes effective from April 2011 will:
• introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement;
• amend the Knowledge of Language and Life in the UK requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders; and
• clarify the criminality test applied to all applicants for settlement.
Income requirement
We will introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement. Although granted leave to enter or remain with the intention that they should undertake skilled or highly skilled work, these groups currently are not required to demonstrate this at the settlement stage. An income requirement will help ensure that these migrants have continued
to work in skilled or highly skilled occupations by confirming their income is at least the level stipulated when they were last granted leave.
From April, we intend to apply the same income criteria for settlement as we do when an applicant applies for further leave to remain. We will clearly set out these requirements in the forthcoming Statement of Changes to the Immigration Rules and in guidance, however, in general terms:
• Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;
• Tier 2 (General) and Work Permit migrants will need to be paid the appropriate salary for the occupation as set out in the relevant Code of Practice for sponsored skilled workers.
English language
Those here under Tier 1 and Tier 2 of the Points Based System and as Work Permit holders who apply for settlement are required to demonstrate a Knowledge of Language and Life in the UK prior to being granted settlement. From April, they will be able to meet this requirement only by completing the Life in the UK Test. They will no longer be able to rely on taking an English for Speakers of Other Languages (ESOL) with citizenship course.
This will ensure that all Tier 1, Tier 2 and Work Permit migrants meet at least English level B1 of the Common European Framework of Reference for languages, as this is the level at which we set the Life in the UK Test. Dependants of Tier and Tier 2 migrants will be unaffected by this change.
Criminality test
We will reform the current criminality threshold for settlement to bring it more in line with that for citizenship (naturalisation) applicants. All migrants (except refugees) will need to be free of unspent convictions when applying for settlement. Those who are not, and have no other legitimate basis of stay here, will be expected to leave the UK.
AIUI, HSMP migrants covered by HSMP JR (settlement) should not be affected by these changes, by virtue of the court judgement.
Additionally, my two cents -
Until such time that the government issues a statement of change in the parliament or announces the exact details of changes in the immigration rules and/or issues a revised policy guidance, any statement made in the said document (or in a media article) is subject to individual interpretation!
So, in my humble opinion, being a bit more patient and waiting until such details are made public may be a wise thing to do. Details of any changes to be implemented from 06-Apr will have to made public beforehand, so not long to wait for ... and everything will be crystal clear then.
regards
