Guidance

STATEMENT OF INTENT: CHANGES TO TIER 1, TIER 2 AND TIER 5 OF THE POINTS BASED SYSTEM; OVERSEAS DOMESTIC WORKERS; AND VISITORS wrote:APPLICATION OF THE NEW RULES
The various changes set out in this statement will come into effect at different times:
The new rules on Tier 2 settlement (pay threshold of £35,000) will apply to anyone who entered or switched into Tier 2 of the Points-Based System under the rules in force from 6 April 2011 and who will therefore be eligible to make a settlement application in this category from April 2016 (i.e. after five years). The settlement pay threshold of £35,000 will not apply to those who entered Tier 2 under the rules in force on 5 April 2011.
The new rules limiting leave in Tier 2 to a maximum of six years will apply to those who entered Tier
2 after 6 April 2011. Those who entered before then (i.e. those who entered under the rules in place on or before 5 April 2011) are not affected and
may apply for further periods of temporary leave. However, the 12 month ‘cooling off ’ period will apply to any Tier 2 migrant who leaves the UK and applies for entry clearance on or after 6 April 2012, regardless of when their previous leave was granted. It will also apply to those who switch out of Tier 2 while in the UK and who wish to re-apply to Tier 2 on or after 6 April 2012.

ash786 wrote:Please find the changes announced by HO. Looks like HO has accepted that they need more people to save their economy and PBS system has mistakes in it which they have worded in a different way to avoid shame.

Changes to the points-based system

From 23-May-11, evidence submitted after a visa application has been made will not be considered.

Statement of changes in Immigration Rules HC 1148 wrote:Amendments to Tiers 1 and 2 of the Points Based System

7.13 A correction is being made to the Tier 2 (Intra-Company Transfer) category to correctly reflect the policy set out in the Explanatory Memorandum to HC 863, that certain migrants who are in the UK in this category under the Rules in place before 6 April 2011 can continue to apply extend their stay beyond five years.

The UK Border Agency is setting up new arrangements for skilled workers who came here under work routes that have now closed, so that they can extend their stay in the UK to a total of 5 years.

When we introduced Tier 2 of the points-based system in 2008, we made transitional arrangements so that migrants in closed work categories could apply to extend their stay under Tier 2. We intended that their permission to stay (known as 'leave to remain') under Tier 2 would take their total stay in a work category to 5 years, but we are aware that some migrants may have been granted an incorrect extension owing to technical restrictions.

In June 2012 we announced that from 1 October 2012 applications for further leave will be refused if you have overstayed your leave by more than 28 days at the point you made your application. The new rules already apply to applications made under the family migration route and, from 1 October 2012, will apply to applications under the remaining routes which were made on or after 9 July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave in good time if you are applying for further leave under:

- the points-based system;
- all working and student routes;
- visiting routes;
- long residency routes;
- discharged HM Forces; or
- UK ancestry routes.

If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.

Switching from study to Tier 2
The rules changes do not affect the existing requirement for migrants seeking to switch from a study route into Tier 2 of the points-based system. If you are seeking to switch from a study route into Tier 2 you must have valid leave to remain at the point you make your application.

7.18 wrote:Where an applicant submits an application before their previous period of leave to enter or remain expires, but the application is rejected as invalid after their leave expires, the 28-day window in which the application may be submitted as an overstayer will start from the date on which the application was rejected, rather than when leave expired.