Settlement requirements for PBS migrants from April 2011

[Son_of_Soil]

Hi
I have just been informed by my solicitor that people who ate covered with HSMP pre 7th nov 2006 [b]need to worry atal[/b]not sure on what basis she said that but I have full faith in her !
Cheers

[vipul1981]

Son_of_soil

Are you saying THEY NEED TO WORRY or not?

Regards

[Pierrot95]

Another sign of hope: there is no (not yet) immigration debate in the parliamentary diary for this week, nothing showing for next week neither.

-

[Son_of_Soil]

Sorry mate ! I meant "No Need to Worry At all"

Cheers

Son_of_soil

Are you saying THEY NEED TO WORRY or not?

Regards

[Son_of_Soil]

How come this is a good sign of hope? Debate will happen sooner or later mate!

Cheers

Another sign of hope: there is no (not yet) immigration debate in the parliamentary diary for this week, nothing showing for next week neither.

-

[Pierrot95]

In April the parliament will sit on the 26th. So if they can't have time during the next two weeks to discuss the new changes (new rules and new fees), that gives a few weeks relief, and those applying during April-May could benefit from this.
We need to find some reasons to keep hope.

How come this is a good sign of hope? Debate will happen sooner or later mate!

Cheers

Another sign of hope: there is no (not yet) immigration debate in the parliamentary diary for this week, nothing showing for next week neither.

-

[York123]

This is the response which my MP have send me after he received a reply from Home Office:
Hi Andrea

So far as I am aware, all that has been announced re: indefinite leave to remain is that Damian Green will be consulting on all routes to Settlement in the Spring. He has said:

I want a position where Britain continues to attract the best workers, who make a strong contribution to our economy and society during their stay. But it cannot be right that people coming to fill temporary skills gaps have open access to permanent settlement. Therefore, I intend to consult on all routes to settlement in the Spring.

The Government has announced the mechanics of how their permanent limit on non EU economic migrants will work (details can be found here: http://www.homeoffice.gov.uk/media-cent ... sa-reforms) which will come in on 6 April which she refers to. You can point out that the Government consulted on these provisions heavily last year. The consultation document can be found here http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary and the consultation was open from 28 June to 7 September.

So far am aware we are awaiting the announcement of the substance of the review on all routes to settlement in due course, but there will be a consultation to which she can respond and nothing is settled yet.

Hope this helps

Polly

Below is the reply which my friend got from his MP:

Ladies,

The proposals to change ILR have yet to laid before Parliament and as
such I cannot comment on them.

As soon as these proposals have been agreed by Parliament, they will be
published and I will be able to advise you further.



MP Support Account Manager
Scotland & Northern Ireland Region
UK Border Agency
Festival Court, 200 Brand Street, GLASGOW, G51 1DH



I dont know whether people in Home Office are aware of these rules.
When ever I call to Home Office I always get the answer saying they are not aware about any rules & they will update in the website if there are any.
Even when I met my MP personally he said the same thing that he is not aware of any rules because there is no consultation or discussions about these rules anywhere. They just added them at the end of Visa reforms Document.
Many people are not aware about these rules yet.

[geriatrix]

Settlement

On settlement the Rules change applies a new criminality threshold to settlement applications, requiring all applicants to be clear of unspent convictions and also extends the income criteria that applies to those on a temporary route, so that it also applies when they apply for settlement, and to require such applicants to pass the ‘Life in the UK’ test prior to gaining settlement, subject to some transitional provisions.

Statement of changes in Immigration Rules (HC 863)

[emini34]

the news that just came out today. guys there is nothing mentioned about income. only criminality was mentioned. what do you think guys? if there will be consultation in the spring does it mean that people that got their tier 1 under the same rule will have diferent rule for settlement because some people might have got their settlement before the consultation and then changes later. i am worry because my settlement is only due in oct 2012.
http://bia.homeoffice.gov.uk/siteconten ... ier1-2.pdf

[emini34]

guys, in the attached file look at the Qualifying for settlement under the new Tier 1 exceptional talent route. look at the statement "Must be economically active in their field of expertise". this is what we are talking about in times of HO causing confusion. will they later tell those who will be the new tier 1 that they need to show the income they showed last time they extend their visa before they qualify for settlement.

i think immigration minister has seen all the email we sent through his colleague and decided to scrap the income bit of the settlement rule. not sure yet if we have won but guys well done for contacting your MPs. it is disappointing that MP did not reply my email. cheers guys.

[smaganti]

Income Criteria is mentioned.Please see below for settlement

"Settlement:
On settlement the Rules change applies a new criminality threshold to settlement
applications, requiring all applicants to be clear of unspent convictions and also extends the
income criteria that applies to those on a temporary route, so that it also applies when they
apply for settlement, and to require such applicants to pass the ‘Life in the UK’ test prior to
gaining settlement, subject to some transitional provisions"

[BSK]

Guys,

Look at 60th page of this document as well
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
or

latest pdf of this page

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

Regards,
BSK

[emini34]

guys, in the attached file look at the Qualifying for settlement under the new Tier 1 exceptional talent route. look at the statement "Must be economically active in their field of expertise". this is what we are talking about in times of HO causing confusion. will they later tell those who will be the new tier 1 that they need to show the income they showed last time they extend their visa before they qualify for settlement.

i think immigration minister has seen all the email we sent through his colleague and decided to scrap the income bit of the settlement rule. not sure yet if we have won but guys well done for contacting your MPs. it is disappointing that MP did not reply my email. cheers guys.

here is the link

http://www.ukba.homeoffice.gov.uk/sitec ... ws/sop.pdf

[emini34]

Income Criteria is mentioned.Please see below for settlement

"Settlement:
On settlement the Rules change applies a new criminality threshold to settlement
applications, requiring all applicants to be clear of unspent convictions and also extends the
income criteria that applies to those on a temporary route, so that it also applies when they
apply for settlement, and to require such applicants to pass the ‘Life in the UK’ test prior to
gaining settlement, subject to some transitional provisions"

thanks. i just realised it that they mention income. but what is the detail? is there a guidance note or something that show the detail. cheers

[smaganti]

this is what has been mentioned about income

As with Tier 2 (General) Migrants, Work Permit Holders applying for indefinite leave to remain will need to provide confirmation that they continue to earn at least the UK appropriate rate for the job they are doing.

Income Criteria is mentioned.Please see below for settlement

"Settlement:
On settlement the Rules change applies a new criminality threshold to settlement
applications, requiring all applicants to be clear of unspent convictions and also extends the
income criteria that applies to those on a temporary route, so that it also applies when they
apply for settlement, and to require such applicants to pass the ‘Life in the UK’ test prior to
gaining settlement, subject to some transitional provisions"

thanks. i just realised it that they mention income. but what is the detail? is there a guidance note or something that show the detail. cheers

[BSK]

Guys,

Find the details of the statement of changes

Amendments to applications for indefinite leave to remain

7.13 In addition to the specific changes to applications for indefinite leave to remain by Tier 1 and Tier 2 Migrants set out above, the following changes are being made:

• As with Tier 2 (General) Migrants, Work Permit Holders applying for indefinite leave to remain will need to provide confirmation that they continue to earn at least the UK appropriate rate for the job they are doing.
• A new criminality threshold is being introduced requiring applicants applying for indefinite leave to remain to be clear of unspent convictions.

• Skilled and highly skilled migrants will be required to pass the ‘Life in the UK’ test prior to gaining indefinite leave to remain. This applies to the following categories, except where transitional arrangements apply:– Work Permit Holders– Highly Skilled Migrant Programme (other than those covered by the HSMP ILR Judicial Review Policy Document)

[viki83]

Please refer to page 30 - Table 2 for income requirements:

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

This is the main document that should be referred. Other documents are just summaries. It has each and every detail possible and so far I dont think so there is any confusion if the document is completely read.

[BSK]

Hi Guys,

Few other points to note

For unspent convictions
Page No 6

12. after paragraph 135G(iv), insert “; and(v) unless the applicant is applying under the terms of the HsMP ilr Judical review Policy document, does not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974.â€

[geriatrix]

Unspent convictions

Unless covered by HSMP JR, all PBS migrants (and it appears, migrants in all other (non-PBS) categories too, across the board) must be free from "unspent convictions" at the time of settlement application.
For Tier 1 (General), see 245CD(a)
For Tier 2 (ICT), see 245GF(a)
For Tier 2 (General), see 245HF(a)
For (pre-PBS) WP migrants, 134(vi) will be inserted.
Please note that this condition will also apply to dependants of the above mentioned migrants. See and 196D(vi) and 319E(h).

For HSMP JR covered migrants, 135G(v) is being inserted.

(v) unless the applicant is applying under the terms of the HSMP ILR Judical review Policy document, does not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974.

IMHO, this should apply for even those who joined HSMP between 03-Apr-06 and 07-Nov-06, so such migrants also appear to be exempt. Though 196D applies to dependants of migrants covered by HSMP JR, I believe the new insertion (196D(vi)) will not be applicable to them ... in line with the main migrants.

See also Criminality requirement for settlement applications - proposed guidance from 6 April 2011.

[psdesai]

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

Guys ... Page 29-30 gives an insight of the Salary criteria. I got my Last Tier
1 Extension in May 2009. does this mean I qualify as Table2 on Page 30?

I got 1st time HSMP in Feb 2008..

Also what does it mean by "attributes for tier 1 (general) migrants7. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist, self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.8. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes"

[emini34]

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

Guys ... Page 29-30 gives an insight of the Salary criteria. I got my Last Tier
1 Extension in May 2009. does this mean I qualify as Table2 on Page 30?

I got 1st time HSMP in Feb 2008..

Also what does it mean by "attributes for tier 1 (general) migrants7. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist, self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.8. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes"

the simple answer is that you must score 75 point on page 30. i think we fall under the same category. i first got mine in October 2007.

[psdesai]

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

Guys ... Page 29-30 gives an insight of the Salary criteria. I got my Last Tier
1 Extension in May 2009. does this mean I qualify as Table2 on Page 30?

I got 1st time HSMP in Feb 2008..

Also what does it mean by "attributes for tier 1 (general) migrants7. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist, self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.8. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes"

the simple answer is that you must score 75 point on page 30. i think we fall under the same category. i first got mine in October 2007.

thanks,
what does it mean by "age (at date of application for first grant)" . I got my HSMP in 2008 Feb then extension May 2009. which one this is refering to (on table 2 header)?
In 2009 May I was 29 years and 7 months does it mean I score 10 points from that table ( I am a little bit confused for the age as per the document)?

Thanks

[Pierrot95]

Looks like for WP holders, the salary criteria is just to be confirmed by a letter from the employer.
An easy one!

[emini34]

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

Guys ... Page 29-30 gives an insight of the Salary criteria. I got my Last Tier
1 Extension in May 2009. does this mean I qualify as Table2 on Page 30?

I got 1st time HSMP in Feb 2008..

Also what does it mean by "attributes for tier 1 (general) migrants7. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist, self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.8. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes"

the simple answer is that you must score 75 point on page 30. i think we fall under the same category. i first got mine in October 2007.

thanks,
what does it mean by "age (at date of application for first grant)" . I got my HSMP in 2008 Feb then extension May 2009. which one this is refering to (on table 2 header)?
In 2009 May I was 29 years and 7 months does it mean I score 10 points from that table ( I am a little bit confused for the age as per the document)?

Thanks

again it is simple. the point you scored in age when you first applied you will score again for settlement. e.g you score 5 point in feb 2008, you will score the same 5 point now or later when you want to apply for settlement.

[psdesai]

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

Guys ... Page 29-30 gives an insight of the Salary criteria. I got my Last Tier
1 Extension in May 2009. does this mean I qualify as Table2 on Page 30?

I got 1st time HSMP in Feb 2008..

Also what does it mean by "attributes for tier 1 (general) migrants7. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist, self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.8. an applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes"

the simple answer is that you must score 75 point on page 30. i think we fall under the same category. i first got mine in October 2007.

thanks,
what does it mean by "age (at date of application for first grant)" . I got my HSMP in 2008 Feb then extension May 2009. which one this is refering to (on table 2 header)?
In 2009 May I was 29 years and 7 months does it mean I score 10 points from that table ( I am a little bit confused for the age as per the document)?

Thanks

again it is simple. the point you scored in age when you first applied you will score again for settlement. e.g you score 5 point in feb 2008, you will score the same 5 point now or later when you want to apply for settlement.

This is the prob. I cant remember how many points I scored for what in my 1st and 2nd application