Settlement requirements for PBS migrants from April 2011

Son_of_Soil wrote:Thanks you answered my 1st question only.could you please look at the other two n paste any link to confirm that !
Thanks

emini34 wrote:

Son_of_Soil wrote:I wonder if anyone can let me know where do I fit in these rules!
HSMP pre nov 2006 to 2008(65 points)
Tier1 based on HSMP pre 7th November 2006(65 points)

1) Do I need to show any points ? If yes, how many?
2) Am I supposed to pass LIUK test?
3) Can my wife who joined me in Uk December 2010 also apply in November 2011?

Really appreciate n thankfull
Cheers

Moderators please provide your important suggestion to my query above !

As long as your first application fall under HSMP JR you are not to score any point, just prove that you are economically active.

question 1

look at item 9 on page 29 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

an applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant whose application is being made under terms of the HsMP ilr Judicial review Policy document is not required to score points for attributes.


question 2

scroll to the bottom of the page on

http://www.ukba.homeoffice.gov.uk/worki ... 9/#header2

However, you do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application.

your case is settle because you fall under the HSPM JR, so you do not need to show LIUK. I think we discussed this before yesterday that everyone that is under HSMP JR is save becasue it is a legal doc that is binding on HO so they cannot do anything cynical.


Question 3

i am not sure of the correct answer for your third question but i will think that the last item (29) in the link below should give idea that your wife (dependant) even though she just arrived in 2010 should be fine to apply for settlement with you at the same time. But sometimes they expect a dependant to have been around for at least 2 year before qualifying to apply for settlement with principal applicant. sorry am not sure about your third question. maybe one of the senior member or moderator will help you.


http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy

emini34 wrote:

Son_of_Soil wrote:Thanks you answered my 1st question only.could you please look at the other two n paste any link to confirm that !
Thanks

emini34 wrote:

Son_of_Soil wrote:I wonder if anyone can let me know where do I fit in these rules!
HSMP pre nov 2006 to 2008(65 points)
Tier1 based on HSMP pre 7th November 2006(65 points)

1) Do I need to show any points ? If yes, how many?
2) Am I supposed to pass LIUK test?
3) Can my wife who joined me in Uk December 2010 also apply in November 2011?

Really appreciate n thankfull
Cheers

Moderators please provide your important suggestion to my query above !

As long as your first application fall under HSMP JR you are not to score any point, just prove that you are economically active.

question 1

look at item 9 on page 29 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

an applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant whose application is being made under terms of the HsMP ilr Judicial review Policy document is not required to score points for attributes.


question 2

scroll to the bottom of the page on

http://www.ukba.homeoffice.gov.uk/worki ... 9/#header2

However, you do not need to meet the 'Knowledge of language and life in the UK' requirement as part of your settlement application.

your case is settle because you fall under the HSPM JR, so you do not need to show LIUK. I think we discussed this before yesterday that everyone that is under HSMP JR is save becasue it is a legal doc that is binding on HO so they cannot do anything cynical.


Question 3

i am not sure of the correct answer for your third question but i will think that the last item (29) in the link below should give idea that your wife (dependant) even though she just arrived in 2010 should be fine to apply for settlement with you at the same time. But sometimes they expect a dependant to have been around for at least 2 year before qualifying to apply for settlement with principal applicant. sorry am not sure about your third question. maybe one of the senior member or moderator will help you.


http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy

And also please find the statements from HSMP ILR Judicial Review Policy, Just to make sure everyrthing in one place:

The High Court’s decision also covered migrant’s who entered the scheme after the Rules change of 3 April 2006 but before the scheme was suspended on 7 November 2006. As such the policy also provides for those who entered the scheme prior to 7 November 2006 to be considered under the ILR rules that were in place at that time. Whilst this group will therefore have to complete five years continuous residence before being eligible for ILR they will not be subject to a knowledge of language and life in the United Kingdom test.

http://www.ukba.homeoffice.gov.uk/worki ... review-09/

So I think we almost clear with the following things for HSMP applicants (pre nov 2006)

1) No Criminal Convictions
2) No Salary Criteria
3) No LIUK Test

As Dependants follow main applicants so i hope the same with them by adding the no requirement for 2 years continuous stay (depends upon the case worker).

Kind Regards
Salina02

Dear All,
Could the moderators or any members please clarify this.

marya wrote:To be more clearer, qualification points are specified in paragraph 3 but the below criteria mentions from paragraph 7. May I request Sushdmetha to please let me know for the below

marya wrote:Please clarify for the below.

In Page 11 related to ILR for Tier1 General, the below statement mentions points to be eliible as 75 under paragraphs 7 to 34 of Appendix A. If I go through Appendix A, I see that Qualifications points is not taken into consideration which means no one would be eligible for Settlement as the max points would be as below

Earnings - 45
Previous experience - 20
Age - 5
In total it comes only to 70 points.

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a 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, the applicant must have 75 points under paragraphs 7 to 34 of appendix a.(e) Where the application is being made under the terms of the HsMP

Have I misunderstood anything. If not should we raise this immediately to the HomeOffice

marya wrote:Dear All,
Could the moderators or any members please clarify this.

marya wrote:To be more clearer, qualification points are specified in paragraph 3 but the below criteria mentions from paragraph 7. May I request Sushdmetha to please let me know for the below

marya wrote:Please clarify for the below.

In Page 11 related to ILR for Tier1 General, the below statement mentions points to be eliible as 75 under paragraphs 7 to 34 of Appendix A. If I go through Appendix A, I see that Qualifications points is not taken into consideration which means no one would be eligible for Settlement as the max points would be as below

Earnings - 45
Previous experience - 20
Age - 5
In total it comes only to 70 points.

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a 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, the applicant must have 75 points under paragraphs 7 to 34 of appendix a.(e) Where the application is being made under the terms of the HsMP

Have I misunderstood anything. If not should we raise this immediately to the HomeOffice

Marya,

The qualification notes you state are in paragraph 3 and I strongly feel the Appendix A(http://www.ukba.homeoffice.gov.uk/polic ... appendixa/ ) is not up to date.


Paragraph 7 starts with
--
7. If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant's last successful application for leave or for a Highly Skilled Migrant Programme Approval Letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too.
--

So am I right in saying that all those letters /emails we sent to MPs worked in favor of us ,n we won?
Also are these the set rules now? Or they are subject to another change ?
Cheers

You guys may won but we lost on ILR as have fines from court and have to wait for 5 years.

Sorry Mate
i didnt understand what you mean by the following statement? could you please elaborate , may be coz i am new to forum and dnt know how this forum works

Regards
Sanj

ssoct98@hotmail.com wrote:You guys may won but we lost on ILR as have fines from court and have to wait for 5 years.

Son_of_Soil wrote:So am I right in saying that all those letters /emails we sent to MPs worked in favor of us ,n we won?
Also are these the set rules now? Or they are subject to another change ?
Cheers

I don't think that might have worked because thing wont change by emails/letters that quickly, the rules were already made up before or after we started sending the letters.

Son_of_Soil wrote:So am I right in saying that all those letters /emails we sent to MPs worked in favor of us ,n we won?
Also are these the set rules now? Or they are subject to another change ?
Cheers

The letters sent out to MPs didn't make even an iota of difference as they had already made up their mind which was evident from the Statement of Intent published earlier in the year.

Also, dont keep your hopes too high on rules not changing, given the past history, epecially since the last 2-3 years. I wouldn't be surprised if they come up with more stringent rules later in the year for Tier1 extensions and Tier2.

Son_of_Soil wrote:Sorry Mate
i didnt understand what you mean by the following statement? could you please elaborate , may be coz i am new to forum and dnt know how this forum works

Regards
Sanj

ssoct98@hotmail.com wrote:You guys may won but we lost on ILR as have fines from court and have to wait for 5 years.

I think what he means is that only people covered with JR will be ok for ILR (i.e. unaffected).where big majority of people i.e. after ILR but with HSMP as initial application will be at disadvantage.

So many people are asking for JR related changes and court were very clear about any future changes should not affect JR. So I dont know why same questions is been asked!!. People with JR are all good no probs.

Now some real questions please

Thanks for your clarifications Bonvivz. I went through the paragraph 7 and understood that it does include the points for qualification as well.

bonvivz wrote:

marya wrote:Dear All,
Could the moderators or any members please clarify this.

marya wrote:To be more clearer, qualification points are specified in paragraph 3 but the below criteria mentions from paragraph 7. May I request Sushdmetha to please let me know for the below

marya wrote:Please clarify for the below.

In Page 11 related to ILR for Tier1 General, the below statement mentions points to be eliible as 75 under paragraphs 7 to 34 of Appendix A. If I go through Appendix A, I see that Qualifications points is not taken into consideration which means no one would be eligible for Settlement as the max points would be as below

Earnings - 45
Previous experience - 20
Age - 5
In total it comes only to 70 points.

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a 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, the applicant must have 75 points under paragraphs 7 to 34 of appendix a.(e) Where the application is being made under the terms of the HsMP

Have I misunderstood anything. If not should we raise this immediately to the HomeOffice

Marya,

The qualification notes you state are in paragraph 3 and I strongly feel the Appendix A(http://www.ukba.homeoffice.gov.uk/polic ... appendixa/ ) is not up to date.


Paragraph 7 starts with
--
7. If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant's last successful application for leave or for a Highly Skilled Migrant Programme Approval Letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too.
--

The changes are still Subject to Parliamentary approval.....

Struggler wrote:The changes are still Subject to Parliamentary approval.....

They always approve

Changes to settlement from 6 April


16 March 2011


Subject to Parliamentary approval, the rules for settlement in the UK will change on 6 April 2011.

We will tighten the current settlement criteria by introducing the following changes:

A new criminality threshold. Applicants will need to be clear of unspent convictions when they apply for settlement.
A new income requirement. Tier 1 (General) migrants will need to meet the same income criteria that applied when they last extended their permission to stay in the UK. Migrants who have been in Tier 2 (General) or Tier 2 (Intra company transfer), or who have held work permits, will need to be paid the appropriate rate as stated in our codes of practice.
Reform of the English language requirement. Migrants in Tier 1, Tier 2 and their precursor routes will need to pass the Life in the UK test rather than an ESOL with citizenship course. Transitional arrangements will apply.
An accelerated route to settlement for Tier 1 (Investor) and Tier 1 (Entrepreneur) migrants who meet enhanced criteria.

We will publish more information on this page in the near future.

Struggler wrote:Changes to settlement from 6 April


16 March 2011


Subject to Parliamentary approval, the rules for settlement in the UK will change on 6 April 2011.

We will tighten the current settlement criteria by introducing the following changes:

A new criminality threshold. Applicants will need to be clear of unspent convictions when they apply for settlement.
A new income requirement. Tier 1 (General) migrants will need to meet the same income criteria that applied when they last extended their permission to stay in the UK. Migrants who have been in Tier 2 (General) or Tier 2 (Intra company transfer), or who have held work permits, will need to be paid the appropriate rate as stated in our codes of practice.
Reform of the English language requirement. Migrants in Tier 1, Tier 2 and their precursor routes will need to pass the Life in the UK test rather than an ESOL with citizenship course. Transitional arrangements will apply.
An accelerated route to settlement for Tier 1 (Investor) and Tier 1 (Entrepreneur) migrants who meet enhanced criteria.

We will publish more information on this page in the near future.

Again it will be approved as said in the document (word to word). There is no contest

These rules are so not thought after....

How can one be of unspent conviction when the conviction itself takes 5 years to become spent??

Hi,
Can anyone clarify this. Is this the salary need to match with the current code of practice or when the WP been approved. For example, for my WP in 2008 salary needed £21000+ but it changed to £27000 now for Tier 2.

Thanks

dimsav wrote:Indeed, it seems that the following template for a letter from employer should now suffice for WP holders:

"This is to certify that Mr. X has been a [job title] in [job place] since [start date]. His current salary is £XX000 per annum that is at/above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UKBA. Mr. X is still required for the employment in foreseeable future."

Pierrot95 wrote:It will be a matter of finding the closest code of practice to your job title/description.
Anyway, the HO relies on the employer to certify this. This is the key point. It is up to the employer then.

IMHO.

noor1034 wrote:

Pierrot95 wrote: All the changes related to settlement requirements for WP holders are on Page 6 of the statement, change #9 and #10.
Unless I've missed something.

And this should be read in conjunction with the ILR requirements 134 for WP holders, that are available here.

Makes sense.... There were no Code of Practice in place in 2006 when my company applied for WP. How my employer can certify that ?

My job title is IT Lead Designer, I cannot find anything related to this job in Code of Practice ?

Any help ?

If am wrong someone should correct me. based on my calculation the new/restructured point based system started after 7 November 2006 and anyone that got his/her first highly skilled migrant visa or tier 1 after that date does not fall under HSMP JR.

If that is the case then the first set opf people that does not fall under the HSMP JR will start applying for their settlement in November 2011. My analysis is as follows

Mr A got his first highly skilled migrant visa in November 2006 for 2 years
Mr A renew his Visa in November 2008 for 3 years by switching to Tier 1
Mr A will qualify to apply for settlement in November 2011

My thought

once the first set of people that got their first visa under the same rule apply for settlement late this year under this new rule.i thought every other person in that group will be able to apply under the same rule. What i mean is that

If Mr A got his first visa in Nov 2006 and Mr B got his own in Oct 2007. Once Mr A apply for settlement under the present rule in Nov 2011 then it is almost sure that Mr B also will apply under this same present rule as Mr A in Oct 2012 because they both started under the same rule. Even if they come with a new rules later say April 2012 Mr B should be save with the rule now through a transition arrangement.

The reason why am saying this is because i am due in 2012 october and i thought i should be rest assured that this present rule will not change for me as long as someone in my group successfully get settlement in November 2011 onward.

Thoughts are welcome guys.

Hi all,

I have observed two conflicting dates, please correct me if I am wrong

. 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 ...... Page 29

and

table 2 – applications for leave to remain and indefinite leave to remain where 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 6 april 2010, and has not been granted
leave in any categories other than these since 6 april 2010 ...Page 30

Which date should one consider as the correct cut off date, is it 19 July 2010 or 6 April 2010.

Am I confused ..... ?

Sudhmehta I got my ist visa wp on 9th august 2006 so did I am covered by JR after that I changed wp to hsmp in september 2007,any miracle for me in JR.plz advise

I think i can be Mr A in your example,i am due for ILR in nov 2011 and i also think you should be fine in 2012 aswell as long rules doesnt go for another change in the immigration system.

emini34 wrote:If am wrong someone should correct me. based on my calculation the new/restructured point based system started after 7 November 2006 and anyone that got his/her first highly skilled migrant visa or tier 1 after that date does not fall under HSMP JR.

If that is the case then the first set opf people that does not fall under the HSMP JR will start applying for their settlement in November 2011. My analysis is as follows

Mr A got his first highly skilled migrant visa in November 2006 for 2 years
Mr A renew his Visa in November 2008 for 3 years by switching to Tier 1
Mr A will qualify to apply for settlement in November 2011

My thought

once the first set of people that got their first visa under the same rule apply for settlement late this year under this new rule.i thought every other person in that group will be able to apply under the same rule. What i mean is that

If Mr A got his first visa in Nov 2006 and Mr B got his own in Oct 2007. Once Mr A apply for settlement under the present rule in Nov 2011 then it is almost sure that Mr B also will apply under this same present rule as Mr A in Oct 2012 because they both started under the same rule. Even if they come with a new rules later say April 2012 Mr B should be save with the rule now through a transition arrangement.

The reason why am saying this is because i am due in 2012 october and i thought i should be rest assured that this present rule will not change for me as long as someone in my group successfully get settlement in November 2011 onward.

Thoughts are welcome guys.

salina02 wrote:So I think we almost clear with the following things for HSMP applicants (pre nov 2006)

1) No Criminal Convictions
2) No Salary Criteria
3) No LIUK Test

As Dependants follow main applicants so i hope the same with them by adding the no requirement for 2 years continuous stay (depends upon the case worker).

Kind Regards
Salina02

I think its clear all the doubts for pre nov 2006 applicants, I hope there will be no more questions on pre nov 2006.

HSMP JR covers only the people who got their HSMP before November 2006 and not any other categories of Visa.

If one has got HSMP before November 2006 and subsequently moved to a different category, other than tier 1 (G) due to transitional arrangements, are not getting benefitted.

Correct if I am wrong.

Regards,

Mods, apologies for re-post but this was not picked up earlier.

sushdmehta, bonvivz,

Now that there is some clarity, can someone please confirm which rules do you think will be applied in my case, which is as follows:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, Please Note: my visa was stamped only on 17th April 2009 valid for 3 yrs.
3. Under current rules will become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Now given that they will assess my application against the same criteria as applicable for Tier 1, will they consider my Bachelors degree, as it will hold true if they assess against my date of application (which is before 31st March) but will not hold true if they consider it against the date when Tier 1 was granted (17th April 2009).

Any thoughts will be much appreciated.

Thanks