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Settlement requirements for PBS migrants from April 2011

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

blay1
Junior Member
Posts: 69
Joined: Thu Feb 17, 2011 11:53 am

Re: 3 points on licence

Post by blay1 » Thu Feb 17, 2011 6:36 pm

dewales001 wrote:
blay1 wrote:
dewales001 wrote:
blay1 wrote:Hi All
I know this new laws are not really out yet but i am applying for IND in June.Can anyone tell me if 3pt on my licence for driving 38mph on a 30 speed limit zone is a minor or major offence
If you got the 3pt from the police without going to court, I guess you are fine. But if the points was given by a court of law, I'm afraid that is a criminal offence.

Hope that helps.
I have recently done an Enhanced CRB check and nothing came on it under police convictions.So i am beginning to think i should be fine.There again does CRB check tells you everything about all convictions?
As I said earlier, if the points were given by a court of law, it's a criminal offence. Otherwise you are good!!
Also, I don't think CRB check tells you about traffic offences. Not very sure about this fact. If I'm wrong can the seniors/Mods on this forum correct me.
thanks for the early response.When i read the information at the back of the CRB certificate it states the information on the cert came from the PNC ie the police national computers and if someone has committed a criminal offence it should be on the PNC and it will be disclosed if you perform a CRB check.That it is how i understand it,but i might be totally wrong.

dixey
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Joined: Sun Nov 28, 2010 9:41 am

Post by dixey » Fri Feb 18, 2011 7:20 am

I would like to know from experts that recent statement of Damian Green issued to BBC clearly says that new rules will be applied to those new applicants and those who would like to settle must have no unspent criminal conviction. It doesn't mention english requirement or salary requirement. I would like to know why we are still discussing salary requirement criteria?

http://www.bbc.co.uk/news/uk-politics-12471060

geriatrix
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Post by geriatrix » Fri Feb 18, 2011 7:37 am

dixey wrote:I would like to know why we are still discussing salary requirement criteria?
Perhaps because people consider official documents issued by government agencies to be more reliable than what journalists may publish in their articles or how they phrase statements / comments made to suit the target audience.


regards

geriatrix
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Post by geriatrix » Fri Feb 18, 2011 7:39 am

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 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.

IMHO ....


regards

tara55
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Post by tara55 » Fri Feb 18, 2011 7:51 am

milan_ns wrote:
smaganti wrote:HI All,,

iam on workpermit (not on tier 2) and will be applying for ILR in july.what is the salary requirment for me when i apply for ILR is it the same salary when i applied for workpermit i.e salary in workpermit approval letter..please let me know..


And also i read Damian Greene telling that the rules will be applied for new entries not to the people who are already in UK...so that means we will be under old ILR rules...?
I would imagine WP holders would have to satisfy minmum salary requirement as outlined in COS in order to be granted ILR.

Just find your job title in the list and you'll find out the minimum salary required (it may be different from the salary outlined in your work permit).

If they would change salary criteria/income requirement for ILR of people on Work Permit, then it will be breach of current immigration rules which clearly states, WP holders should be doing the same job as specified in work permit document. If I look on my WP document, it clearly states my salary and job.

We need to wait and see more details.. I think.

milan_ns
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Posts: 42
Joined: Sun Jan 23, 2011 12:33 pm

Post by milan_ns » Fri Feb 18, 2011 7:18 pm

tara55 wrote:
milan_ns wrote:
smaganti wrote:HI All,,

iam on workpermit (not on tier 2) and will be applying for ILR in july.what is the salary requirment for me when i apply for ILR is it the same salary when i applied for workpermit i.e salary in workpermit approval letter..please let me know..


And also i read Damian Greene telling that the rules will be applied for new entries not to the people who are already in UK...so that means we will be under old ILR rules...?
I would imagine WP holders would have to satisfy minmum salary requirement as outlined in COS in order to be granted ILR.

Just find your job title in the list and you'll find out the minimum salary required (it may be different from the salary outlined in your work permit).

If they would change salary criteria/income requirement for ILR of people on Work Permit, then it will be breach of current immigration rules which clearly states, WP holders should be doing the same job as specified in work permit document. If I look on my WP document, it clearly states my salary and job.

We need to wait and see more details.. I think.
See UKBA statement:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See page 10, paragraph titled "INDEFINITE LEAVE TO REMAIN (SETTLEMENT)"

It seems quite clear that they intend to introduce salary requirements for current T1/T2/WP holders when applying for settlement from April. They have even provided detailed salary requirements.

Document also points out that T1/T2 application made after April may have different settlement requirements (read - worse).

UKBA will not kick a T2/WP holder out if their salary is lower then these new requirements, but they may not be eligible for ILR.

blay1
Junior Member
Posts: 69
Joined: Thu Feb 17, 2011 11:53 am

Post by blay1 » Fri Feb 18, 2011 7:54 pm

milan_ns wrote:
tara55 wrote:
milan_ns wrote:
smaganti wrote:HI All,,

iam on workpermit (not on tier 2) and will be applying for ILR in july.what is the salary requirment for me when i apply for ILR is it the same salary when i applied for workpermit i.e salary in workpermit approval letter..please let me know..


And also i read Damian Greene telling that the rules will be applied for new entries not to the people who are already in UK...so that means we will be under old ILR rules...?
I would imagine WP holders would have to satisfy minmum salary requirement as outlined in COS in order to be granted ILR.

Just find your job title in the list and you'll find out the minimum salary required (it may be different from the salary outlined in your work permit).

If they would change salary criteria/income requirement for ILR of people on Work Permit, then it will be breach of current immigration rules which clearly states, WP holders should be doing the same job as specified in work permit document. If I look on my WP document, it clearly states my salary and job.

We need to wait and see more details.. I think.
See UKBA statement:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See page 10, paragraph titled "INDEFINITE LEAVE TO REMAIN (SETTLEMENT)"

It seems quite clear that they intend to introduce salary requirements for current T1/T2/WP holders when applying for settlement from April. They have even provided detailed salary requirements.

Document also points out that T1/T2 application made after April may have different settlement requirements (read - worse).

UKBA will not kick a T2/WP holder out if their salary is lower then these new requirements, but they may not be eligible for ILR.
tara55
The link that you have put on the thread is what we have all read before.As far as i am concerned i really don't think this new changes is going to affect people that will be applying this year a lot,more tighter changes i think will be coming in soon.Also for the criminality threshold they are saying they want to bring it in line with the naturalisation. Have you forgotten that a few years ago you don't have to do life in the uk test before you go for indefinite stay,now you have to.Those going for ILR soon should make sure that they stay clean not even getting a parking ticket.

Son_of_Soil
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Posts: 373
Joined: Mon Apr 05, 2010 10:20 am
United Kingdom

Post by Son_of_Soil » Fri Feb 18, 2011 7:58 pm

Hi Milan
can you tell me is there any arrangement for people under HSMP pre-nov 2006 applications?
after i read the link, i got more confused . so can you please briefly tell if it will effect pre nov 2006 applicants?

milan_ns wrote:
tara55 wrote:
milan_ns wrote:
smaganti wrote:HI All,,

iam on workpermit (not on tier 2) and will be applying for ILR in july.what is the salary requirment for me when i apply for ILR is it the same salary when i applied for workpermit i.e salary in workpermit approval letter..please let me know..


And also i read Damian Greene telling that the rules will be applied for new entries not to the people who are already in UK...so that means we will be under old ILR rules...?
I would imagine WP holders would have to satisfy minmum salary requirement as outlined in COS in order to be granted ILR.

Just find your job title in the list and you'll find out the minimum salary required (it may be different from the salary outlined in your work permit).

If they would change salary criteria/income requirement for ILR of people on Work Permit, then it will be breach of current immigration rules which clearly states, WP holders should be doing the same job as specified in work permit document. If I look on my WP document, it clearly states my salary and job.

We need to wait and see more details.. I think.
See UKBA statement:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See page 10, paragraph titled "INDEFINITE LEAVE TO REMAIN (SETTLEMENT)"

It seems quite clear that they intend to introduce salary requirements for current T1/T2/WP holders when applying for settlement from April. They have even provided detailed salary requirements.

Document also points out that T1/T2 application made after April may have different settlement requirements (read - worse).

UKBA will not kick a T2/WP holder out if their salary is lower then these new requirements, but they may not be eligible for ILR.

tara55
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Posts: 48
Joined: Mon May 03, 2010 8:53 am

Post by tara55 » Fri Feb 18, 2011 8:25 pm

smaganti wrote:
See UKBA statement:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See page 10, paragraph titled "INDEFINITE LEAVE TO REMAIN (SETTLEMENT)"

It seems quite clear that they intend to introduce salary requirements for current T1/T2/WP holders when applying for settlement from April. They have even provided detailed salary requirements.

Document also points out that T1/T2 application made after April may have different settlement requirements (read - worse).

UKBA will not kick a T2/WP holder out if their salary is lower then these new requirements, but they may not be eligible for ILR.
I agree they can change rules altogether for WP holder (and same for Tier 1 and 2).

I am reading same doc and see what it says in bold.

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.

I hope more details will be available soon and will clear situation.

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 10:20 am
United Kingdom

Post by Son_of_Soil » Fri Feb 18, 2011 8:30 pm

hi
reading the link , i found the following confusing.

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


I dnt understand how pre nov 2006 applicants will get affected by this. Seniors require your suggestions plz
tara55 wrote:
smaganti wrote:
See UKBA statement:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See page 10, paragraph titled "INDEFINITE LEAVE TO REMAIN (SETTLEMENT)"

It seems quite clear that they intend to introduce salary requirements for current T1/T2/WP holders when applying for settlement from April. They have even provided detailed salary requirements.

Document also points out that T1/T2 application made after April may have different settlement requirements (read - worse).

UKBA will not kick a T2/WP holder out if their salary is lower then these new requirements, but they may not be eligible for ILR.
I agree they can change rules altogether for WP holder (and same for Tier 1 and 2).

I am reading same doc and see what it says in bold.

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.

I hope more details will be available soon and will clear situation.

dimsav
Member
Posts: 210
Joined: Mon Apr 12, 2010 12:52 pm

Post by dimsav » Fri Feb 18, 2011 9:50 pm

Son_of_Soil wrote:...
I dnt understand how pre nov 2006 applicants will get affected by this. Seniors require your suggestions plz
...
Just a few posts earlier, sushdmehta has already addressed your (and others) concern, answering quite clearly:
sushdmehta wrote: 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 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.
I share this opinion and think that one should indeed be a bit more patient -- taking the time frame, the final guidance is expected to appear by mid March at latest (my estimate)...

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 10:20 am
United Kingdom

Post by Son_of_Soil » Fri Feb 18, 2011 10:05 pm

dear dimsav
i understand that UKBA will put clearer instructions in thier next Statement of Change however they have given the MAIN GENERAL GUIDELINE THOU

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


All the changes will be around above statement. No transitional agreement seems to be taken into consideration.

Regards

dimsav wrote:
Son_of_Soil wrote:...
I dnt understand how pre nov 2006 applicants will get affected by this. Seniors require your suggestions plz
...
Just a few posts earlier, sushdmehta has already addressed your (and others) concern, answering quite clearly:
sushdmehta wrote: 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 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.
I share this opinion and think that one should indeed be a bit more patient -- taking the time frame, the final guidance is expected to appear by mid March at latest (my estimate)...

aosun007
Member
Posts: 118
Joined: Wed Mar 10, 2010 8:40 pm

Post by aosun007 » Sat Feb 19, 2011 11:04 am

If we read the intention of UKBA carefully,we may conclude that they are only targeting Tier 1 general during the course of applying for settlement.
Tier 2 /work permit will not be affected in any way.
why?
because the minimum salary upon which tier 2 and work permit is approved initially is already written on the approval letter.we will all agree that with time there has been salary increment for tier2 and work permit holders.
If i am right,it was stated that they will need to meet the salary criteria when they last extends.
Assuming all companies did not increase tier 2 or work permit holder's salary(which is impossible for 5 years).at least they will still pay the minimum salary they are approved for initially to their employees therefore in any way Tier2 and work permit holders will always qualify for Settlement.
but Tier 1 general applicants that struggle to extend their stay will have to work very hard in other to meet the income criteria when they last extends at settlement stage.if we can get the attention of MP,they can do something about it when the bill pass through parliament.

Furthermore It is legitimate expectation to be granted settlement after 5 years of living in UK as tier 1/tier 2/work permit holder but they put a clause there that PBS applicants are subjected to immigration rule changes at the time of application.
Advice for all of us
our MPs are there to represent us,let us book appointment with them and discuss this issue with them.
Reason,
It might be impossible to change all these when it becomes law.
UKBA will not make mistake of put this changes inside guildance note only again.they will add them inside statemement of change of immigration rule which will be legally binding.



just an opinion.

tara55
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Posts: 48
Joined: Mon May 03, 2010 8:53 am

Post by tara55 » Sat Feb 19, 2011 11:32 am

aosun007 wrote:If we read the intention of UKBA carefully,we may conclude that they are only targeting Tier 1 general during the course of applying for settlement.
Tier 2 /work permit will not be affected in any way.
why?
because the minimum salary upon which tier 2 and work permit is approved initially is already written on the approval letter.we will all agree that with time there has been salary increment for tier2 and work permit holders.
If i am right,it was stated that they will need to meet the salary criteria when they last extends.
Assuming all companies did not increase tier 2 or work permit holder's salary(which is impossible for 5 years).at least they will still pay the minimum salary they are approved for initially to their employees therefore in any way Tier2 and work permit holders will always qualify for Settlement.
but Tier 1 general applicants that struggle to extend their stay will have to work very hard in other to meet the income criteria when they last extends at settlement stage.if we can get the attention of MP,they can do something about it when the bill pass through parliament.

Furthermore It is legitimate expectation to be granted settlement after 5 years of living in UK as tier 1/tier 2/work permit holder but they put a clause there that PBS applicants are subjected to immigration rule changes at the time of application.
Advice for all of us
our MPs are there to represent us,let us book appointment with them and discuss this issue with them.
Reason,
It might be impossible to change all these when it becomes law.
UKBA will not make mistake of put this changes inside guildance note only again.they will add them inside statemement of change of immigration rule which will be legally binding.



just an opinion.
Agree...

milan_ns
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Posts: 42
Joined: Sun Jan 23, 2011 12:33 pm

Post by milan_ns » Sat Feb 19, 2011 12:59 pm

aosun007 wrote:If we read the intention of UKBA carefully,we may conclude that they are only targeting Tier 1 general during the course of applying for settlement.
Tier 2 /work permit will not be affected in any way.
why?
because the minimum salary upon which tier 2 and work permit is approved initially is already written on the approval letter.we will all agree that with time there has been salary increment for tier2 and work permit holders.
If i am right,it was stated that they will need to meet the salary criteria when they last extends.
Assuming all companies did not increase tier 2 or work permit holder's salary(which is impossible for 5 years).at least they will still pay the minimum salary they are approved for initially to their employees therefore in any way Tier2 and work permit holders will always qualify for Settlement.
but Tier 1 general applicants that struggle to extend their stay will have to work very hard in other to meet the income criteria when they last extends at settlement stage.if we can get the attention of MP,they can do something about it when the bill pass through parliament.

Furthermore It is legitimate expectation to be granted settlement after 5 years of living in UK as tier 1/tier 2/work permit holder but they put a clause there that PBS applicants are subjected to immigration rule changes at the time of application.
Advice for all of us
our MPs are there to represent us,let us book appointment with them and discuss this issue with them.
Reason,
It might be impossible to change all these when it becomes law.
UKBA will not make mistake of put this changes inside guildance note only again.they will add them inside statemement of change of immigration rule which will be legally binding.



just an opinion.
I think that new salary requirements WILL apply to current T2/WP when applying for settlement.

I'd say this is a big change.

For example:

Say WP has been approved at £25k salary. Say that person applies for settlement in May. New SOC guidance says minimal salary for such job is now £30k. If the application hasn't managed to secure a pay rise to match the new level, they would not be eligible for settlement.

Bottom line - we're all just interpreting a letter of intent - so it's all speculation until UKBA makes an announcement of new rules.

sunny1407
Junior Member
Posts: 79
Joined: Mon Nov 01, 2010 1:26 pm

Post by sunny1407 » Sat Feb 19, 2011 1:05 pm

milan_ns wrote:
aosun007 wrote:If we read the intention of UKBA carefully,we may conclude that they are only targeting Tier 1 general during the course of applying for settlement.
Tier 2 /work permit will not be affected in any way.
why?
because the minimum salary upon which tier 2 and work permit is approved initially is already written on the approval letter.we will all agree that with time there has been salary increment for tier2 and work permit holders.
If i am right,it was stated that they will need to meet the salary criteria when they last extends.
Assuming all companies did not increase tier 2 or work permit holder's salary(which is impossible for 5 years).at least they will still pay the minimum salary they are approved for initially to their employees therefore in any way Tier2 and work permit holders will always qualify for Settlement.
but Tier 1 general applicants that struggle to extend their stay will have to work very hard in other to meet the income criteria when they last extends at settlement stage.if we can get the attention of MP,they can do something about it when the bill pass through parliament.

Furthermore It is legitimate expectation to be granted settlement after 5 years of living in UK as tier 1/tier 2/work permit holder but they put a clause there that PBS applicants are subjected to immigration rule changes at the time of application.
Advice for all of us
our MPs are there to represent us,let us book appointment with them and discuss this issue with them.
Reason,
It might be impossible to change all these when it becomes law.
UKBA will not make mistake of put this changes inside guildance note only again.they will add them inside statemement of change of immigration rule which will be legally binding.



just an opinion.
I think that new salary requirements WILL apply to current T2/WP when applying for settlement.

I'd say this is a big change.

For example:

Say WP has been approved at £25k salary. Say that person applies for settlement in May. New SOC guidance says minimal salary for such job is now £30k. If the application hasn't managed to secure a pay rise to match the new level, they would not be eligible for settlement.

Bottom line - we're all just interpreting a letter of intent - so it's all speculation until UKBA makes an announcement of new rules.
i thought it was required to meet the min salary that was needed in ur last extension

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 10:20 am
United Kingdom

Post by Son_of_Soil » Sat Feb 19, 2011 1:41 pm

sunny do v need to show salary too?pre-nov 2006
sunny1407 wrote:
milan_ns wrote:
aosun007 wrote:If we read the intention of UKBA carefully,we may conclude that they are only targeting Tier 1 general during the course of applying for settlement.
Tier 2 /work permit will not be affected in any way.
why?
because the minimum salary upon which tier 2 and work permit is approved initially is already written on the approval letter.we will all agree that with time there has been salary increment for tier2 and work permit holders.
If i am right,it was stated that they will need to meet the salary criteria when they last extends.
Assuming all companies did not increase tier 2 or work permit holder's salary(which is impossible for 5 years).at least they will still pay the minimum salary they are approved for initially to their employees therefore in any way Tier2 and work permit holders will always qualify for Settlement.
but Tier 1 general applicants that struggle to extend their stay will have to work very hard in other to meet the income criteria when they last extends at settlement stage.if we can get the attention of MP,they can do something about it when the bill pass through parliament.

Furthermore It is legitimate expectation to be granted settlement after 5 years of living in UK as tier 1/tier 2/work permit holder but they put a clause there that PBS applicants are subjected to immigration rule changes at the time of application.
Advice for all of us
our MPs are there to represent us,let us book appointment with them and discuss this issue with them.
Reason,
It might be impossible to change all these when it becomes law.
UKBA will not make mistake of put this changes inside guildance note only again.they will add them inside statemement of change of immigration rule which will be legally binding.



just an opinion.
I think that new salary requirements WILL apply to current T2/WP when applying for settlement.

I'd say this is a big change.

For example:

Say WP has been approved at £25k salary. Say that person applies for settlement in May. New SOC guidance says minimal salary for such job is now £30k. If the application hasn't managed to secure a pay rise to match the new level, they would not be eligible for settlement.

Bottom line - we're all just interpreting a letter of intent - so it's all speculation until UKBA makes an announcement of new rules.
i thought it was required to meet the min salary that was needed in ur last extension

sunny1407
Junior Member
Posts: 79
Joined: Mon Nov 01, 2010 1:26 pm

Post by sunny1407 » Sat Feb 19, 2011 1:44 pm

Son_of_Soil wrote:sunny do v need to show salary too?pre-nov 2006
sunny1407 wrote:
milan_ns wrote:
aosun007 wrote:If we read the intention of UKBA carefully,we may conclude that they are only targeting Tier 1 general during the course of applying for settlement.
Tier 2 /work permit will not be affected in any way.
why?
because the minimum salary upon which tier 2 and work permit is approved initially is already written on the approval letter.we will all agree that with time there has been salary increment for tier2 and work permit holders.
If i am right,it was stated that they will need to meet the salary criteria when they last extends.
Assuming all companies did not increase tier 2 or work permit holder's salary(which is impossible for 5 years).at least they will still pay the minimum salary they are approved for initially to their employees therefore in any way Tier2 and work permit holders will always qualify for Settlement.
but Tier 1 general applicants that struggle to extend their stay will have to work very hard in other to meet the income criteria when they last extends at settlement stage.if we can get the attention of MP,they can do something about it when the bill pass through parliament.

Furthermore It is legitimate expectation to be granted settlement after 5 years of living in UK as tier 1/tier 2/work permit holder but they put a clause there that PBS applicants are subjected to immigration rule changes at the time of application.
Advice for all of us
our MPs are there to represent us,let us book appointment with them and discuss this issue with them.
Reason,
It might be impossible to change all these when it becomes law.
UKBA will not make mistake of put this changes inside guildance note only again.they will add them inside statemement of change of immigration rule which will be legally binding.



just an opinion.
I think that new salary requirements WILL apply to current T2/WP when applying for settlement.

I'd say this is a big change.

For example:

Say WP has been approved at £25k salary. Say that person applies for settlement in May. New SOC guidance says minimal salary for such job is now £30k. If the application hasn't managed to secure a pay rise to match the new level, they would not be eligible for settlement.

Bottom line - we're all just interpreting a letter of intent - so it's all speculation until UKBA makes an announcement of new rules.
i thought it was required to meet the min salary that was needed in ur last extension
No one knows answer to that at the moment, I think u need to calm down a bit and wait but as sushdmehta said pre nov06 are covered by the court juridiction

Pierrot95
Member
Posts: 166
Joined: Fri Jan 23, 2009 9:07 am

Post by Pierrot95 » Sat Feb 19, 2011 1:54 pm

milan_ns wrote:For example:

Say WP has been approved at £25k salary. Say that person applies for settlement in May. New SOC guidance says minimal salary for such job is now £30k. If the application hasn't managed to secure a pay rise to match the new level, they would not be eligible for settlement.
You are right (in theory), but I don't see this happening. This means that you were meeting the minimum salary requirement when the WP was granted (otherwise it wouldn't be approved) and the minimum salary in the guidance subsequently rose more than your salary increment.
How often do they change the minimum salary in the guidance?
From what I see, the guidance salaries are far lower than usual practice.

I believe that the changes won't affect Tier 2/WP holders.

kunald
Junior Member
Posts: 83
Joined: Sun Feb 13, 2011 1:13 pm

Post by kunald » Sun Feb 20, 2011 11:47 am

tara55 wrote: 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.

I hope more details will be available soon and will clear situation.[/color]
I feel this can be legally challanged. I understand the govt's concern and what they are trying to do. Certianly if a person who entered as Highly skilled migrant should not be expected to work as trolley pusher in a super market (and apparently thats what some were caught doing). Govt is trying to link highly skilled job to salary. What if a person is still doing the highly skilled job (same work that he was doing when applying for Tier-1) but had to take a cut due to current market situation?

dewales001
Junior Member
Posts: 52
Joined: Mon Oct 19, 2009 3:35 pm

Post by dewales001 » Mon Feb 21, 2011 11:31 pm

On 14th of July 2009:
The Government's previous decision to change the rules so that migrants who are already here and who want to stay are now disqualified from doing so is both unfair and wrong-headed. It is unfair because those people have made a commitment to this country but are having that flung back in their faces, and it is wrong-headed because it sends a signal to people around the world that Britain is an unreliable place (House of Commons debates, 14th July 2009)
These are the words of Damian Green at the parliament in 2009.

So, where is the principle of fairness that no retrospective changes should be applied to existing immigrats in the statemnet of intent?

This is abuse of power and very, very unfair!

Some of the rules will be challenged in court if it is pass into law and he should know better that any retrospective changes will result in wasting taxpayers money.

Son_of_Soil
Member of Standing
Posts: 373
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United Kingdom

Post by Son_of_Soil » Tue Feb 22, 2011 10:44 am

I am hopefull that something will come up for people pre nov 2007 in the rules and rules will not affect us.
lets wait and see guys

quote="dewales001"]On 14th of July 2009:
The Government's previous decision to change the rules so that migrants who are already here and who want to stay are now disqualified from doing so is both unfair and wrong-headed. It is unfair because those people have made a commitment to this country but are having that flung back in their faces, and it is wrong-headed because it sends a signal to people around the world that Britain is an unreliable place (House of Commons debates, 14th July 2009)
These are the words of Damian Green at the parliament in 2009.

So, where is the principle of fairness that no retrospective changes should be applied to existing immigrats in the statemnet of intent?

This is abuse of power and very, very unfair!

Some of the rules will be challenged in court if it is pass into law and he should know better that any retrospective changes will result in wasting taxpayers money.[/quote]

salina02
Member
Posts: 134
Joined: Sat Jul 03, 2010 11:23 pm

Post by salina02 » Tue Feb 22, 2011 2:14 pm

It seems UKBA look for the responses to their publishes.

Son_of_Soil
Member of Standing
Posts: 373
Joined: Mon Apr 05, 2010 10:20 am
United Kingdom

Post by Son_of_Soil » Tue Feb 22, 2011 4:08 pm

hopefully new changes will have some arrangements for pre-nov 2006 applicants
salina02 wrote:It seems UKBA look for the responses to their publishes.

milan_ns
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Posts: 42
Joined: Sun Jan 23, 2011 12:33 pm

Post by milan_ns » Wed Feb 23, 2011 12:36 am

dewales001 wrote:On 14th of July 2009:
The Government's previous decision to change the rules so that migrants who are already here and who want to stay are now disqualified from doing so is both unfair and wrong-headed. It is unfair because those people have made a commitment to this country but are having that flung back in their faces, and it is wrong-headed because it sends a signal to people around the world that Britain is an unreliable place (House of Commons debates, 14th July 2009)
These are the words of Damian Green at the parliament in 2009.

So, where is the principle of fairness that no retrospective changes should be applied to existing immigrats in the statemnet of intent?

This is abuse of power and very, very unfair!

Some of the rules will be challenged in court if it is pass into law and he should know better that any retrospective changes will result in wasting taxpayers money.
You seem to have tailored the quote to fit your argument :)

Original goes like this:

"The Government's previous decision to change the rules so that highly skilled migrants who are already here..."

Source:
http://www.publications.parliament.uk/p ... 4-0014.htm

In other words in does not refer to T2/WP - aka skilled migrants - only T1/HSMP

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