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New 35K Salary Rule for Migrant Workers !!!!

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

onceblue
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Post by onceblue » Tue Feb 28, 2012 1:44 pm

raykau wrote:Will these affect people who are under old WorkPermit from 2008 or only who will be coming into the new PBS from 2011/2012? Can somebody advice please?

Thanks
I think we can not answer this question as no official document has been announced by UKBA, regarding the speak of Secretary.

dimsav
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Post by dimsav » Tue Feb 28, 2012 2:46 pm

onceblue wrote:
raykau wrote:Will these affect people who are under old WorkPermit from 2008 or only who will be coming into the new PBS from 2011/2012? Can somebody advice please?
Thanks
I think we can not answer this question as no official document has been announced by UKBA, regarding the speak of Secretary.
In the original written ministerial statement announcing the settlement reform, they mentioned only those who entered economic migration routes under the Immigration Rules in force from 6 April this year [2011] and who, under the current system, could have expected to apply for settlement in 2016.

To be sure though, one should indeed wait for the formal final statement...
Last edited by dimsav on Tue Feb 28, 2012 2:52 pm, edited 1 time in total.

rdrp
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Post by rdrp » Tue Feb 28, 2012 2:48 pm

settled_now wrote:Why are they always changing the rule?

They can. And they state just that on their website under settlement!
They also made me sign a declaration to make UK my main home when i originally applied for HSMP in Dec 2006. At that time, they always promoted their grant of settlement to HSMP holders more than 100 times in that application. Now why are they changing rules and making difficult to secure ILR?

If not for UKBA to go out of their way to lure me into the UK, i would have happily settled in the US right now.

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Post by thakur71 » Tue Feb 28, 2012 3:29 pm

A New article appeared in "The Guardian" may be indirectly related to this discussion
Title: British companies bypass immigration cap on skilled migrants

http://www.guardian.co.uk/uk/2012/feb/2 ... ration-cap

Greenie
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Post by Greenie » Tue Feb 28, 2012 4:06 pm

rdrp wrote:
settled_now wrote:Why are they always changing the rule?

They can. And they state just that on their website under settlement!
They also made me sign a declaration to make UK my main home when i originally applied for HSMP in Dec 2006. At that time, they always promoted their grant of settlement to HSMP holders more than 100 times in that application. Now why are they changing rules and making difficult to secure ILR?

If not for UKBA to go out of their way to lure me into the UK, i would have happily settled in the US right now.
there has been absolutely no suggestion that any changes to the rules for ILR will apply to someone who is here as a HSMP holder or who originally came here under the HSMP and then switched to tier 1 general. The ministerial statement referred to above is the only reliable source of information until the changes are formally announced, and they have clearly said that the changes will apply to those who entered the relevent routes under the rules in force from 6th April 2011.

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Any Official Updates Please Update

Post by Smam » Tue Feb 28, 2012 4:18 pm

Hi
Many thanks to every one for all their replies. I do really appoligise if I have offended any body at all in my discussion.

All I wanted to know is that if any one gets any kind of official Updtaes related to this change in the rule please please kindly update us that how it's affecting any one who has got their HSMP,WP in 2007 and will be eligible to apply for their ILR any month after April 2012 that's all I wanted to request from all the members of this forum discussion.

Many thanks.

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Post by Greenie » Tue Feb 28, 2012 4:35 pm

it is not about causing offence, rather that this has been something that has been conintually discussed since they announced the consultation last year, and the question of who it applies to has already been asked, and answered on numerous occasions.

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Post by scottferguson » Tue Feb 28, 2012 5:34 pm

settled_now wrote: On the other hand, where no shortage exists - for example in IT, the minimum 35k doesn't even come close enough. If you are in IT and making less than 50k, you are undercutting the market.
I agree with you. However, there is a trick for getting into the high pay bracket. Myself is paid quiet well specilized in finance Front office IT. I know several brilliant programmers gettting less than half my salary just becasue they are not seeing what they need to do. Of course, you need to develop certain skills, but worth the effort. Investigate niche areas, specialize in it and you are set. What is the point in saying that you can develop complex algorithms on your own if you are paid low? You can really make lot of money by putting text boxes into UI according to the users requirement if you are at the right place. Believe me!

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Post by Smam » Tue Feb 28, 2012 6:41 pm

Greenie wrote:it is not about causing offence, rather that this has been something that has been conintually discussed since they announced the consultation last year, and the question of who it applies to has already been asked, and answered on numerous occasions.
Hi
Thanks a lot for your kind reply. As you have said that it was already answered on numerous occasions that who will be affected by this rule can you please provide a refference like I did when I started this conversation by providing a reference link from the Sun News paper where I have read this news. I'll be very greatfull to you if you can provide us with some official reference,publications,links or what ever kind of info you have to prove that this issue was answered on numerous occasions.

To best of my knowledge the Govt is claiming to bring down the net migraation to tens of thousands by the end of 2015 that's why I think they are changing the rules so rapidly at a bullet fast speed, so I dont really get people saying that all these new rules announced will be applicable to those who'll be applying in 2016.

Please kindly elaborate and share some more usefull info that would be great.

Many Thanks.

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Post by Greenie » Tue Feb 28, 2012 7:23 pm

Smam wrote:
Greenie wrote:it is not about causing offence, rather that this has been something that has been conintually discussed since they announced the consultation last year, and the question of who it applies to has already been asked, and answered on numerous occasions.
Hi
Thanks a lot for your kind reply. As you have said that it was already answered on numerous occasions that who will be affected by this rule can you please provide a refference like I did when I started this conversation by providing a reference link from the Sun News paper where I have read this news. I'll be very greatfull to you if you can provide us with some official reference,publications,links or what ever kind of info you have to prove that this issue was answered on numerous occasions.

To best of my knowledge the Govt is claiming to bring down the net migraation to tens of thousands by the end of 2015 that's why I think they are changing the rules so rapidly at a bullet fast speed, so I dont really get people saying that all these new rules announced will be applicable to those who'll be applying in 2016.

Please kindly elaborate and share some more usefull info that would be great.

Many Thanks.
the information is available in the ministerial statement which has been linked to above, and in the consultation itself. You cannot rely on the sun as an accurate source of information on prospective changes to the immigration rules which have not yet been formally announced by the government. When I said that the question had been asked and answered numerous times, I meant on this forum since the consultation was announced last year.

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Post by t0mmy » Tue Feb 28, 2012 8:38 pm

If we assume the new rules wud only be for post April 2011 new applicants wich is more likely to happen-
then how wud the govt bring down net migration . Elections are due in 2-3 years and rules wud be applied after that? Very fair for us :-)

onceblue
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Post by onceblue » Tue Feb 28, 2012 9:41 pm

My personal opinion is that:

I would like to "believe" the new rules will be applied to the people falling in the related immigration routes after April last year, or somehow close to that date. Because no matter how realistic the new threshold is, people, particularly for those already in the fourth year (including myself), have no chance to increase the incoming to meet the requirements. It does not matter the capability we poses, just in short of time. I have to say, it is unfair. I don't care if I can obtain ILR 4 years ago. But now, I think it is a difficult dilemma for me.

If you just started career under the category of T2, or similar routes, a four-year space is sufficient for you to think about whether to stay at this country, or simply move to other places.

Again, it is just a personal opinion. And we have no point to argue with anyone since no official announcement has been made by now.

Finger crossed :)

Smam
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Old WP Holders !!!!

Post by Smam » Tue Feb 28, 2012 10:00 pm

Hi

I just wanted to bring this thing to light for the WP holders only who are applying for their ILR this year which clearly means that they have got their WP issued back in 2007. I was just going through one of the post "Watch out Old Work permit holders" the rule for SOC came in to being after 31st March 2009 and I have read that the HO has refused an ILR on the basis of that rule.

That's the main source of worry for me that how the new rules will be applicable to old WP holders.

Many thanks and waiting for your replies.

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Post by Landing » Tue Feb 28, 2012 10:48 pm

dimsav wrote:
onceblue wrote:
raykau wrote:Will these affect people who are under old WorkPermit from 2008 or only who will be coming into the new PBS from 2011/2012? Can somebody advice please?
Thanks
I think we can not answer this question as no official document has been announced by UKBA, regarding the speak of Secretary.
In the original written ministerial statement announcing the settlement reform, they mentioned only those who entered economic migration routes under the Immigration Rules in force from 6 April this year [2011] and who, under the current system, could have expected to apply for settlement in 2016.

To be sure though, one should indeed wait for the formal final statement...
dimsav - I hope and pray that you are correct. I will be sad for people who came to the uk after April 6 2011 but those who were already working here surely deserve to have settlement in due course. I very much hope that we have confirmation this week.
The point made (earlier) by Smam about net migration is difficult to answer but I think the govt will be saying that they are now issuing less visas to new immigrants, and will therefore claim that their policy is working. This of course assumes that they can persuade (long term) unemployed uk workers to take some of those jobs.

dimsav
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Re: Old WP Holders !!!!

Post by dimsav » Tue Feb 28, 2012 11:44 pm

Smam wrote:I just wanted to bring this thing to light for the WP holders only who are applying for their ILR this year which clearly means that they have got their WP issued back in 2007. I was just going through one of the post "Watch out Old Work permit holders" the rule for SOC came in to being after 31st March 2009 and I have read that the HO has refused an ILR on the basis of that rule.

That's the main source of worry for me that how the new rules will be applicable to old WP holders.
It seems to me that WP holders should be ok with ILR -- the only (new) thing is that they will need to comply with a salary requirement, as the other Tier 2. But the main point is that WP holders keep their right to apply for the settlement after 5 years, provided that they meet all the criteria. Whereas all "new" (after April 2011) Tier 2 will no longer have such an automatic right for settlement. (However, UKBA is going to introduce a new sub-category of Tier 2 with such a settlement option, so that one can switch to that route during the extension...)

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Post by Aryan2013 » Wed Feb 29, 2012 1:50 am

"The home secretary, Theresa May, will tell MPs on Wednesday that she is breaking the link between migration and settlement for the first time, by taking away the right to remain in Britain for more than five years from any migrant worker earning less than £35,000 a year."

http://www.guardian.co.uk/uk/2012/feb/2 ... ght-settle

I think this £35K salary is only for T2 migrants but you never know!!!

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Post by Greenie » Wed Feb 29, 2012 6:43 am

t0mmy wrote:If we assume the new rules wud only be for post April 2011 new applicants wich is more likely to happen-
then how wud the govt bring down net migration . Elections are due in 2-3 years and rules wud be applied after that? Very fair for us :-)
they have closed tier 1 general, introduced a cap on tier 2, introduced minimum salary levels and raised the skill level to graduate level for tier 2, tightened tier 4 and scrapped psw. By breaking the link to settlement for migrants who entered the system after April 2011 i imagine they will envisage that less migrants will come here under tier 2 and others already here who applied after April 2011 may choose to go home earlier. They are also going to make family settlement harder. I now sound like the coalition's public relations officer! The announcement is expected today i am sure things will be clearer then.

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Post by push » Wed Feb 29, 2012 11:24 am

Please see this
regards,
push
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onceblue
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Post by onceblue » Wed Feb 29, 2012 12:24 pm

Hi guys, see the document below:

http://www.parliament.uk/documents/comm ... ration.pdf

The threshold for t2 is 35k, and applied to applicants submitting applications on or after April 2016. The "PHD-Level" jobs might be unaffected.

T1 will remain unchanged.
Last edited by onceblue on Wed Feb 29, 2012 12:39 pm, edited 1 time in total.

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Post by thermalboyz » Wed Feb 29, 2012 12:35 pm


ITGraduate
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Finally

Post by ITGraduate » Wed Feb 29, 2012 12:41 pm

Thank God, Finally some good news for some of us!!!!! 35k rule after 2016!!!

jager
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Post by jager » Wed Feb 29, 2012 12:52 pm

http://money.aol.co.uk/2012/02/29/skill ... -leave-uk/

"Ministers should learn from experience here and abroad, and look at alternative approaches, like financial incentives for migrants to return home, funded through national insurance contributions."

IPPR (Labour think tank) are incredibly naive - do they really expect UK taxpayers to pay for "financial incentives" for immigrants to return home?

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Post by t0mmy » Wed Feb 29, 2012 12:55 pm

Phew - thas a relief. came close to being chucked out. But you never know.
Congratts.

timarli
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Post by timarli » Wed Feb 29, 2012 1:27 pm

Just two questions;

- is it a final statement? Do you think they can change their minds again? (I@m becomin paranoiac I guess)

- Am I correct in saying: if I change my visa from WP to T2 I DON'T need to meet the £35K requirement.

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Post by push » Wed Feb 29, 2012 1:29 pm

You can read the Statement of Intent here
regards,
push
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