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Will the Rules changed on 6-4-2012 affect my ILR app?
Posted: Wed May 16, 2012 1:11 am
by Plan B
Dear Forum,
I have entered the UK in July 2007 on a 2 year HSMP visa, I am not under the HMSP judicial review. Subsequently my visa was extended on Tier 1 General basis in June 2009. Since the time i have entered the UK i have been working for a high street bank .I am about to complete 5 years in the UK. I now earn more than what I had to prove in my extension application. and i score more than required points on the points calculator. I will be personally applying as i always have on previous occasions, for my ILR next month at a PEO, just a bit worried guys that hope Mr.Damien Green has not changed any wordings in the rules which came in effect on 6th of April 2012 change in immigration rules that could affect my application for ILR.. BLESS HIM!!
As you probably know I am a newbie, any suggestions will be helpful and I shall be much obliged.
Plan B[/b]
Posted: Wed May 16, 2012 1:24 am
by razian97
Your ILR Application will be processed according to those rules and regulations in place at the time of your first initial Application for Tier1 or HSMP.
so don't worry.
Posted: Wed May 16, 2012 9:37 am
by push
razian97 wrote:Your ILR Application will be processed according to those rules and regulations in place at the time of your first initial Application for Tier1 or HSMP.
so don't worry.
Really?
Re: Will the Rules changed on 6-4-2012 affect my ILR app?
Posted: Wed May 16, 2012 10:02 am
by cs95tdg
Plan B wrote:Dear Forum,
I have entered the UK in July 2007 on a 2 year HSMP visa, I am not under the HMSP judicial review. Subsequently my visa was extended on Tier 1 General basis in June 2009. Since the time i have entered the UK i have been working for a high street bank .I am about to complete 5 years in the UK. I now earn more than what I had to prove in my extension application. and i score more than required points on the points calculator. I will be personally applying as i always have on previous occasions, for my ILR next month at a PEO, just a bit worried guys that hope Mr.Damien Green has not changed any wordings in the rules which came in effect on 6th of April 2012 change in immigration rules that could affect my application for ILR.. BLESS HIM!!
As you probably know I am a newbie, any suggestions will be helpful and I shall be much obliged.
Plan B[/b]
The requirements for Tier 1 Applications and ILR are not identical, so I suggest you read the ILR rules that apply to Tier 1 General Migrants available under section 245CD below to detemine whether you meet the criteria.
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
Re: Will the Rules changed on 6-4-2012 affect my ILR app?
Posted: Wed May 16, 2012 10:33 am
by geriatrix
Plan B wrote:As you probably know I am a newbie, any suggestions will be helpful and I shall be much obliged.
See also
FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders.
Posted: Mon Jun 11, 2012 1:18 am
by geriatrix
Plan B wrote:Dear Forum,
my 5 Years in UK consists of HSMP+Tier 1. First granted HSMP Visa outside the UK in June 2007 I was 26years of age then. I was then 28 years of age when granted extension on Tier1, in June 2009. I am not under HSMP judicial review and I am not long due to apply for my ILR.
Wanted some clarity on Section C age assessment of SET(O) form page number 23.The print on the form is as follows:-- Please tick the relevant box to confirm the points you are claiming on the basis of your age at application for your first grant of leave in a relevant route:
Applications for indefinite leave to remain where an applicant has had, leave as a Writer, Com -poser or Artist, Self Employed Lawyer, or as a Tier 1 (General) Migrant under the rules in place
before 6 April 2010::::: Under 28 years of age 20 points
28 or 29 years of age 10 points
30 or 31 years of age 5 points. My confusion is that it doesn't mention HSMP but the case worker guidance notes do. Was wondering should I claim 20 points as I was under 28 years age on my very 1st grant of HSMP visa or should I claim 10 points simply because I was 28 years of age in June 2009 i.e the time of extension on Tier1 basis.
:roll:
The good thing is that even if claim 10 i still qualify for ILR. Any clarifications will be welcomed and I will update the forum on the outcome of my PEO ILR Applications
Kind regards
Posted: Mon Jun 11, 2012 1:38 am
by geriatrix
Re: Will the Rules changed on 6-4-2012 affect my ILR app?
Posted: Thu Jun 14, 2012 6:53 pm
by Plan B
I have been with the same employer for almost 5 years, I have had a total of 72 days of absences in the last 5 years. And I have made a template detailing my absences. For income I have got 5 years P60's, payslips and bank statements
DO I STILL NEED to have a letter from employer for Income earned and separate letter for Paid Absences which were personal in nature??for my PEO ILR application
Thanks
Plan B
Re: Will the Rules changed on 6-4-2012 affect my ILR app?
Posted: Thu Jun 14, 2012 7:45 pm
by cs95tdg
Plan B wrote:
DO I STILL NEED to have
1) a letter from employer for Income earned
2) and separate letter for Paid Absences which were personal in nature??for my PEO ILR application
No, is the simple answer.
1) If you already have documents from 2 sources as evidence for your previous earnings, then letter 1) above will be redundant. You appear to be saying you have payslips and bank statements for this and these are sufficient.
2) This type of letter is generally provided by applicants who have to justify the time they have spent outside the UK during their residency period. i.e. in cases where they have gone over the allowed limit. But in your case you clearly have not, so a letter in my opinion would not add any value.
Posted: Thu Jun 14, 2012 9:33 pm
by amirbashir
razian97 wrote:Your ILR Application will be processed according to those rules and regulations in place at the time of your first initial Application for Tier1 or HSMP.
so don't worry.
Can you please give some solid reference to what you said above? I am asking because of 2 reasons:
Section 9 in Form SET(O) asks to score points for the people who had HSMP / Tier 1 before 6 April 2010 (as there was no such rule before 6 april 2010)?
http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/
when I got my extension, I received a letter along with visa (all of my other friends also got the same) stating that when I will make my next application, it will be processed according to rules which will be in place on that time.[/url]
Posted: Thu Jun 14, 2012 9:57 pm
by cs95tdg
amirbashir wrote:razian97 wrote:Your ILR Application will be processed according to those rules and regulations in place at the time of your first initial Application for Tier1 or HSMP.
so don't worry.
Can you please give some solid reference to what you said above? I am asking because when I got my extension, I received a letter along with visa (all of my other friends also got the same) stating that when I will make my next application, it will be processed according to rules which will be in place on that time.
The only variance in rules I know of in Tier 1 based extensions are related to the PBS assessment. This was done to cater for the change of rules related to eligibility criteria which has happened a few times in the past.
For example between 31 March 2009 and 5 April 2010, Bachelors degrees were not awarded points in the PBS. But anyone who made their initial application before 31 March 2009 or after 5 April 2010 would be able to claim points for such a degree in their subsequent extension applications as the rule to allow points was in place at the time of their initial application.
This is just one example, for specifics you will need to take a look at the Tier 1 General extension application form.
There are immigration rules outside the boundary of the Points Based Score (PBS) which all applicants will need to satisfy & these may indeed change with time (E.g. immigration legislation). These will need to be satisfied according to the latest rules that are in place at the time an application to extend leave to remain in made.
Posted: Thu Jun 14, 2012 10:21 pm
by amirbashir
The only variance in rules I know of in Tier 1 based extensions are related to the PBS assessment. This was done to cater for the change of rules related to eligibility criteria which has happened a few times in the past.
For example between 31 March 2009 and 5 April 2010, Bachelors degrees were not awarded points in the PBS. But anyone who made their initial application before 31 March 2009 or after 5 April 2010 would be able to claim points for such a degree in their subsequent extension applications as the rule to allow points was in place at the time of their initial application.
This is just one example, for specifics you will need to take a look at the Tier 1 General extension application form.
There are immigration rules outside the boundary of the Points Based Score (PBS) which all applicants will need to satisfy & these may indeed change with time (E.g. immigration legislation). These will need to be satisfied according to the latest rules that are in place at the time an application to extend leave to remain in made.
Thank you very much for your quick reply. Why we need to score points for ILR when there was no such rule when we applied for HSMP?
Here is what UKBA website states:
You will need to score a total of 75 points if you first successfuly applied before 19 July 2010 for permission to enter or remain in the UK.
http://www.ukba.homeoffice.gov.uk/visas ... nt/points/
Posted: Fri Jun 15, 2012 11:59 am
by cs95tdg
amirbashir wrote:Why we need to score points for ILR when there was no such rule when we applied for HSMP?
I don't know which immigration category you are applying for ILR under or your immigration status during your complete ILR residency period, so I don't really understand where your question is coming from.
But the simple answer is because the ILR immigration rules say so.