Consultation on changes to employment-related settlement

[friday]

I am reading this topic again and I now feel worried about Tier 1 extensions to be closed !! Do you think there a good chance that they will close Tier 1 extensions? and just in case they decided to close Tier 1 extension, do you think that the rules will apply immediately (maybe in April 2012 or earlier) , will they allow few months before the closure of Tier1 apply?

Also, is there a prefered time of the year when the home office publish a new rules?

Sorry to be more specific, but I am worried cause my initial tier 1 visa will end in August 2012 and I can apply for ILR in August 2013, so my next step is tier 1 extension which should give me more than enough time to apply for ILR due in August 2013. I plan to apply for tier 1 extension in June 2012!?Do you guys think I should apply for tier 1 extension much earlier to be on safe side? maybe next month?



thanks.

[barker]

i believe a lot of people are worried about this. People should read the MAC suggestion and the ministerial statement. It clearly says it will apply for only those people who came on or after april 2011

Below are the document you should read

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

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

If you go to page 7 of the analysis document, the second link posted by david1955, the chairmans foreword contains the text We estimate that between 10,000 and 38,000 Tier 1 and Tier 2 main applicants and dependants per year would, under the do nothing option, be granted settlement in each 12 month period from 2016 onwards (the first year any new settlement rules will have a direct effect).

Is there still any reason to feel that these changes will apply to people who are on visas in relevant categories issued before April 2011?

[friday]

I am worried if they close Tier 1 (General) extension, this means we need to switch to Tier 2 in 2012 and therefore, the new rules will apply to us.


May you please guys share your thoughts about the possibility of Tier 1 (General) extension closure?

I am reading this topic again and I now feel worried about Tier 1 extensions to be closed !! Do you think there a good chance that they will close Tier 1 extensions? and just in case they decided to close Tier 1 extension, do you think that the rules will apply immediately (maybe in April 2012 or earlier) , will they allow few months before the closure of Tier1 apply?

Also, is there a prefered time of the year when the home office publish a new rules?

Sorry to be more specific, but I am worried cause my initial tier 1 visa will end in August 2012 and I can apply for ILR in August 2013, so my next step is tier 1 extension which should give me more than enough time to apply for ILR due in August 2013. I plan to apply for tier 1 extension in June 2012!?Do you guys think I should apply for tier 1 extension much earlier to be on safe side? maybe next month?



thanks.

[Greenie]

I am worried if they close Tier 1 (General) extension, this means we need to switch to Tier 2 in 2012 and therefore, the new rules will apply to us.


May you please guys share your thoughts about the possibility of Tier 1 (General) extension closure?

there is absolutely nothing to suggest they are going to close Tier 1 general to those who are already here in that category (or in a pre-PBS category from which switching into Tier 1 G is permitted.

I think people 'sharing their thoughts' is just going to fuel what is already a completely unfounded concern that you have.

[rbk1597]

Greenie, are you suggesting that those in pre-PBS categories atm are able to switch into Tier 1 General as we speak???

[Greenie]

Greenie, are you suggesting that those in pre-PBS categories atm are able to switch into Tier 1 General as we speak???

http://www.ukba.homeoffice.gov.uk/visas ... /applying/

[friday]

Greenie, many thanks for your reply.

You right I am inlfuenced by what people write and automatically assume the worst scenario!! I guess I have started to think that Tier 1 (general) extension will be closed because it is not mentioned in the Pdf articles or related links documents.

[letmec2006]

When DG was asked in the Politics Show in BBC 2 that whether the effect of so called £31000 criteria comes in will people have to leave the country after 5 years, he said he does not know yet. And he was vague and didn't even want to answer that question publicly. I think he knows the result of that question would cause some "trouble". The way he was talking about was the number reduction measures are already done and now they have to concentrate on quality of people coming in.

His interview is on BBC iplayer just now

http://www.bbc.co.uk/iplayer/episode/b0 ... 2_02_2012/

Looks positive to me.

[GSOtodd]

No I think they will pass it as that is what they were elected to do. What he was saying was they have to pass it by parliament and, he doesn't knw if 31,000 will be the actualy starting point. I'm just concerned about people who have been here and are looking to settle. They shouldn't have the carpet pulled out beneath them.

[yucca]

Would you know if it is £31K/£49K before tax or after tax? Thanks.

[wiqram]

Would you know if it is £31K/£49K before tax or after tax? Thanks.

Its a matter of concern if there will suddenly be rules defining a minimum earning income to be eligible for ILR even after spending 5 years of continous period in UK.

Are we expecting some big shake up in the already shaken up immigration laws in UK anytime soon?

[Greenie]

Would you know if it is £31K/£49K before tax or after tax? Thanks.

Its a matter of concern if there will suddenly be rules defining a minimum earning income to be eligible for ILR even after spending 5 years of continous period in UK.

Are we expecting some big shake up in the already shaken up immigration laws in UK anytime soon?

it is not going to effect people who have already been here for 5 years.

[wiqram]

it is not going to effect people who have already been here for 5 years.

Thanks Greenie.

Can you clarify a couple of points that i have mentioned below, although i have read all that is to read in the ukba website, but i still need a second opinion -->

Firstly, my current status is, i entered UK in Oct 2007 on WP and then went onto switch to different TIER 2 categories as i got my visa extended and am currently in TIER 2 ICT (Long term leave to remain ) which will last me till Jan 2013 and I am eligible for ILR in Oct 2012. So my doubts are -->

1) Am i eligible to switch to TIER 2 General, within UK, if i wish to change the job, without impacting my ILR application in OCT 2012?
2) Do you reckon that in my current visa category, I would be thrown some new hurdles to apply for ILR in OCT 2012 after the April 2012 rules shake up?

Your response would be much appreciated and keenly read by a few others who are in the same boat as me ! :-0

[venksy26]

I have to say, I am very pleased with this document. All the proposed changes will only apply to those who entered the country after April 2011:

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

where is it mentioned that wll be apply for those entered the UK after April 2011 ???

page 12:

"Apply these changes to those entering the points-based system from April 2011."

Page 16:

"Now we intend to embark on a more radical overhaul of the settlement rules to break the automatic link between coming to work and staying permanently. We propose to apply these new settlement criteria to those entering Tiers 1 and 2 from April 2011."

You could read this as the system comes in after April. ie, in April, anyone on a Tier 2, whether they applied before or after April, will not have right to settlement.

Am i wrong?

Hi,

I am on a old style work permit and just applied for extension under transitional arrangements to Tier 2... I will be eligible for ILR in June 12, but my salary is less than £31k limit proposed.. So not sure whether I will be affected...

Any thoughts on this..

Many Thanks

[dms_sbs]

@venksy
It will be still counted as extension if you worked with same employer. There is no work permit now so you had to come in tier 2 as part of extension.
This is from Ministeral statement-
" 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. The timing of reforms to Tier 5 and
the overseas domestic worker routes will depend on the outcome of consultation, but we
would anticipate them taking effect during 2012.
A further consultation document will be published later this year, considering the rules
applying to those who come to the UK for family reasons such as marriage.

[fomsand1]

[Posted: Wed Feb 08, 2012 2:40 pm Post subject: Re: TIER 2 ICT ( Long Term ) - to ILR in 5 years

--------------------------------------------------------------------------------

wiqram wrote:
yucca wrote:
Would you know if it is £31K/£49K before tax or after tax? Thanks.


Its a matter of concern if there will suddenly be rules defining a minimum earning income to be eligible for ILR even after spending 5 years of continous period in UK.

Are we expecting some big shake up in the already shaken up immigration laws in UK anytime soon?


it is not going to effect people who have already been here for 5 years
quote]

Code: Select all

Hi Gennie quick question, I know everyone on this forum especially those of us in either Tiers 1,2 and work permist visa categories is highly apprehensive at this stage as no one knows whats gonna happen come April first, and I must say I myself is no exception.
I just want to know if any of this new change will affect me. I got my teir1 in 2008 for 2 years and an extension in April 2010 for 3 years. So I should be eligible for ILR come March next year. Now my silly question is will this new rule affect my ILR? I just need some sort of clarification on this as I've read all the home office links attached on this subject but it still doesnt make it clear to me. Can you advise?

Thanks[/quote]

[Aryan2013]

I just need some sort of clarification on this as I've read all the home office links attached on this subject but it still doesnt make it clear to me. Can you advise?

Thanks

Because they(HO) have not decided yet!!!

[gunner555]

There is no need to ask questions about a rule that is not yet known nor passed into law. Alll you guys could do is wait and see what the extent of the changes would be than asking people over this forum who have no idea what these changes would comprise of. Be patient and wait until april and save your self the rhetorical questions.

[venksy26]

@venksy
It will be still counted as extension if you worked with same employer. There is no work permit now so you had to come in tier 2 as part of extension.
This is from Ministeral statement-
" 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. The timing of reforms to Tier 5 and
the overseas domestic worker routes will depend on the outcome of consultation, but we
would anticipate them taking effect during 2012.
A further consultation document will be published later this year, considering the rules
applying to those who come to the UK for family reasons such as marriage.

Thanks dms_sbs.. ..bit of relief

[fomsand1]

Okay guys! in case you haven't heard. Proposal for new fees have been laid before Parliament. See link below:

http://www.ukba.homeoffice.gov.uk/sitec ... b-2012.pdf

so everyone looking to make some sort of application from April onwards will have to start saving more to cover the costs of their application and that of their dependant(s). This to me is sending out some signals relating to the proposed changes in April, but I will not comment at this stage as we have been advised by moderators of this forum to stop speculating falsly untill we hear from the HO in April, in order not to heighten the anxiety of others forumers already bereaved with worry, which I quite subcribe to myself. The only interesting thing I can deduce from these changes is that immigration, whichever way they want to change it, sweeten it, coat it or tighten it, is a huge revenue generator for this economy and of which any negative changes will gravely affect this important albiet silent revenue source of the UK governmnet. Which is one primary reason why it is highly politised.

In the meantime, did anyone listen to the news on BBC1 last night about how current immigration policies on student Visas are affecting the revenues in the education sector with some colleges going into administration and the British Council which helps promotes the UK abroad calling on the government to relax the rules? Very intersting I must say. It was also mentioned that Australia had a similar sort of experience in the past as they tightened their immigration rules on student Visas only to relax it later on when most unversities and colleges started going into administration. Only goes to show the impact "third world countries" as they put it make on the economies of developed countries. I know this isnt the thread to discuss this, but I just wanted to flag it up as all immigration policy changes in the UK in one way or another, affect all categories of visas. Anyway, enough of this. Guys, have a read through the fee changes and let us share our thoughts on this.

[Sheffield_Marketeer]

@fomsand1
Thank you for your post!
Interesting what you said about the education sector feeling the pinch.

About the increase in fees, it doesnt look like they have done a massive overhaul.. The rises are quite normal, I'd say, thankfully.
What's bad is that if they keep on doing this every year or even twice a year, it can amount to a substantial rise.

[ukswus]

@fomsand1
Thank you for your post!
Interesting what you said about the education sector feeling the pinch.

About the increase in fees, it doesnt look like they have done a massive overhaul.. The rises are quite normal, I'd say, thankfully.
What's bad is that if they keep on doing this every year or even twice a year, it can amount to a substantial rise.

What is so "normal" with a 50% increase in fees? Given that for all other categories, it was less than 2%, and that the real cost of administering Tier 1 general application is under 200 quid?

[sojan]

http://www.homeoffice.gov.uk/publicatio ... iew=Binary (Page 3)

Separately the Government is also preparing further changes to the Immigration Rules concerning employment related settlement; overseas domestic workers; and Tiers 2 and 5 of the points-based system
following recent consultations by the Home Office and the Migration Advisory Committee. Separate announcements regarding these changes, which
are also planned for April, will be made as soon as possible. Changes to the Family Route will also be announced in due course.

Seems that they want to make the changes as soon as possible within the April itself

[dms_sbs]

Immigration
This page highlights some of the current parliamentary material available on immigration. This includes select committee reports, briefing papers on current legislation and other subjects produced by the parliamentary research services, and the latest Early Day Motions put down by MPs.

http://www.parliament.uk/topics/Immigration.htm

Read report on 17.02.2012

[letmec2006]

Immigration
This page highlights some of the current parliamentary material available on immigration. This includes select committee reports, briefing papers on current legislation and other subjects produced by the parliamentary research services, and the latest Early Day Motions put down by MPs.

http://www.parliament.uk/topics/Immigration.htm

Read report on 17.02.2012

3 Proposals which would affect Tier 1 and Tier 2 migrants
Put briefly, the proposals in the consultation paper suggested:
•
Categorising all immigration routes as either ‘temporary’ or ‘permanent’ - permanent visas would either immediately grant settlement, or allow the holder to apply for settlement after a period of residence in the UK.

Minimal changes to settlement rights of Tier 1 migrants - all Tier 1 investors and entrepreneurs would continue to have a direct route to settlement in the UK, but those entering through the new Tier 1 (Exceptional Talent) route may not. The Government is minded to continue to allow Tier 1 migrants to apply for continued extensions of temporary leave beyond five years (i.e. if they do not wish to apply for settlement or cannot meet the eligibility criteria), because it wants to attract more Tier 1 migrants.

In the above document. There is no mention for Tier 1 general route who are already in the UK.
All they talk about is changes coming into existence in 2016. Looks good to me for a start!!!