Settlement requirements for PBS migrants from April 2011

lavkir · Post by **lavkir** » Mon Mar 21, 2011 4:58 pm

abc_1979 wrote:Hi all,

This forum is a great source of information and thanks to all of you who post their experiences and knowledge here.

Could somebody please confirm if I am eligible to get points for bachelor degree?

on page 6 on this link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

An applicant will be awarded no points for a Bachelorâ€™s degree if:
(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.
i was on:
WP (July 2006- May 2007)
HSMP (May 2007 â€“ May 2009)
Tier 1 (May 2009 â€“ May 2012)
I am planning to apply for ILR in August 2011.
Could somebody please confirm if i can claim the points for Bachelor degree?
Many thanks in advance.
Atul

Since your initial HSMP application was granted on the basis of Bachelors degree and then you extended your Leave To Remain under Tier 1, you should be eligible to claim points for Bachelors.

themonsoonhunter · Post by **themonsoonhunter** » Tue Mar 22, 2011 7:18 pm

Thanks [iD].

sojan · Post by **sojan** » Tue Mar 22, 2011 9:14 pm

Any clues if they bring Police check/registration compulsory for Criminality determination?

abc_1979 · Post by **abc_1979** » Wed Mar 23, 2011 4:57 pm

lavkir wrote:
abc_1979 wrote:Hi all,

This forum is a great source of information and thanks to all of you who post their experiences and knowledge here.

Could somebody please confirm if I am eligible to get points for bachelor degree?

on page 6 on this link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

An applicant will be awarded no points for a Bachelorâ€™s degree if:
(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.
i was on:
WP (July 2006- May 2007)
HSMP (May 2007 â€“ May 2009)
Tier 1 (May 2009 â€“ May 2012)
I am planning to apply for ILR in August 2011.
Could somebody please confirm if i can claim the points for Bachelor degree?
Many thanks in advance.
Atul

Since your initial HSMP application was granted on the basis of Bachelors degree and then you extended your Leave To Remain under Tier 1, you should be eligible to claim points for Bachelors.

Thanks Lavkir

themonsoonhunter · Post by **themonsoonhunter** » Sat Mar 26, 2011 5:18 pm

Sorry for asking personal questions.

The reason I am asking is because the wording of the Rules are very confusing.

A. To apply for ILR which age would be considered for claiming points ?

1. First WP - 23 years
2. WP Extension - 24 years
3. Tier 1 Initial Leave to remain - 25 years ( Aug 2008 if it helps)
4. Tier 1 Extension - 28 years
5. Or the age at the time of ILR application going to be 28 again.

B. Is there any economically active criteria for ILR on top of points requirements ?

Thanks in advance.

sojan · Post by **sojan** » Mon Mar 28, 2011 7:42 am

I've seen somewhere that those who fail life in the UK test will not be eligible for ILR.. not even second chance.
Is that valid for existing Tier1/WP people?

BSK · Post by **BSK** » Wed Mar 30, 2011 11:27 am

Is there any update on this topic? Debate in Parliament or implementation of rules !

York123 · Post by **York123** » Fri Apr 01, 2011 11:48 am

I got this info from one of the MP. People who are interested & who want to raise concers about the changing immigration rules can attend this.

Changes to Immigration, Asylum and Visa Rules: Workshop for Walthamstow Groups 11 April
On 11 April I will be hosting a workshop for community groups, service providers and voluntary organisations in Walthamstow to help them understand new rules on immigration, asylum and visa applications. In the last six months the Government has announced a number of substantial changes to these rules. Some of these changes have now been implemented and others are currently the subject of consultation. This event is designed to help those in Walthamstow who work with those affected by these changes to help them find out more about what they will mean for applicants and where to find further information. I hope this will then help them in working with those affected as they go through the immigration and visa application process.

The event will be held at St Maryâ€™s Church Welcome Centre, 8 Church End, on 11 April from 6.30pm to 8.30pm. Experts from Citizensâ€™ Advice, London Citizens and the Refugee Council will be in attendance to share information and answer participantsâ€™ questions. Itâ€™s a drop-in event and free to attend but to help with planning this event those who want to participate should RSVP to Mark in my office at mark@workingforwalthamstow.org.uk or on 0208 521 1223.

xyz123 · Post by **xyz123** » Fri Apr 01, 2011 12:22 pm

sojan wrote:I've seen somewhere that those who fail life in the UK test will not be eligible for ILR.. not even second chance.
Is that valid for existing Tier1/WP people?

If you read it somewhere, share the source so people can decide what to make of such information without panic.

I am pretty sure those rules (specifically no second chance) will not be enforcable. UK government has, comparatively, a very lenient immigration policy and considering human rights in this country they will never get it through courts something that means only one attempt allowed at life in UK.

psdesai · Post by **psdesai** » Mon Apr 04, 2011 8:17 am

I guess the new guidelines will be published in this week. (Hopefully today)

navodwickra · Post by **navodwickra** » Mon Apr 04, 2011 8:17 am

themonsoonhunter wrote:Sorry for asking personal questions.

The reason I am asking is because the wording of the Rules are very confusing.

A. To apply for ILR which age would be considered for claiming points ?

1. First WP - 23 years
2. WP Extension - 24 years
3. Tier 1 Initial Leave to remain - 25 years ( Aug 2008 if it helps)
4. Tier 1 Extension - 28 years
5. Or the age at the time of ILR application going to be 28 again.

B. Is there any economically active criteria for ILR on top of points requirements ?

Thanks in advance.

A. 25 - when you got your first Tier1
B. Yes. And it should be same or above the salary which you showed when you got your Tier1 Extension

psdesai · Post by **psdesai** » Mon Apr 04, 2011 8:17 am

I guess the new guidelines will be published in this week. (Hopefully today)

sunny1407 · Post by **sunny1407** » Mon Apr 04, 2011 9:32 am

Hi all,
regards to pre nov 06 HSMP JR applicants, can anyone make sense of this document last few lines

http://www.ukba.homeoffice.gov.uk/sitec ... -tier4.pdf

Is there any change coming further or just more detail explanation as the original document skipped the 5 year post april 06 but pre nov 06 cases.

katwmn6 · Post by **katwmn6** » Mon Apr 04, 2011 9:48 am

Hi everyone,

Apologies for posting yet another question - can't find the answer in the previous 18 pages though; please link me to it if I missed it!

For the new income requirement for ILR applicants (specifically Tier 1 General), does the earnings threshold have to be met for all 5 qualifying years or just in the 12 months preceding application (per usual with Tier 1 applications/extensions)?

Sorry if this is a stupid question!

sunny1407 · Post by **sunny1407** » Mon Apr 04, 2011 11:19 am

sunny1407 wrote:Hi all,
regards to pre nov 06 HSMP JR applicants, can anyone make sense of this document last few lines

http://www.ukba.homeoffice.gov.uk/sitec ... -tier4.pdf

Is there any change coming further or just more detail explanation as the original document skipped the 5 year post april 06 but pre nov 06 cases.

This is indeed to clear the case of pre nov 06 and post april 06 cases as the original document did not clear those. also the omissions from criminality threshold apply to everyone under hsmp jr cases

jinkazama_11 · Post by **jinkazama_11** » Mon Apr 04, 2011 4:44 pm

sunny1407 wrote:
sunny1407 wrote:Hi all,
regards to pre nov 06 HSMP JR applicants, can anyone make sense of this document last few lines

http://www.ukba.homeoffice.gov.uk/sitec ... -tier4.pdf

Is there any change coming further or just more detail explanation as the original document skipped the 5 year post april 06 but pre nov 06 cases.
This is indeed to clear the case of pre nov 06 and post april 06 cases as the original document did not clear those. also the omissions from criminality threshold apply to everyone under hsmp jr cases

Read "Statement Of Changes In Immigration Rules" which explains the changes. Page 4, point 4 and 5. Also read 7.14 or 7.15 of accompanied explanation notes.

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

cuberoot · Post by **cuberoot** » Mon Apr 04, 2011 7:13 pm

I must admit I am very happy with the clarifications. Im glad the government are clarifying the doubts.

sojan · Post by **sojan** » Wed Apr 06, 2011 6:34 am

xyz123 wrote:
sojan wrote:I've seen somewhere that those who fail life in the UK test will not be eligible for ILR.. not even second chance.
Is that valid for existing Tier1/WP people?
If you read it somewhere, share the source so people can decide what to make of such information without panic.

I am pretty sure those rules (specifically no second chance) will not be enforcable. UK government has, comparatively, a very lenient immigration policy and considering human rights in this country they will never get it through courts something that means only one attempt allowed at life in UK.

I'm not sure how you interpret this..
http://www.ukba.homeoffice.gov.uk/sitec ... ual-limits

For those entering in Tier 1 or Tier 2 of the points-based system after April 2011:

* We will stop our current policy of granting further leave to remain to those who fail the Knowlege of Life requirement.
* We will cap Tier 2 (intra company transfer) route at five years.

psdesai · Post by **psdesai** » Wed Apr 06, 2011 7:52 am

Does anyone know when the new guidlines (and/or new calculator) will be published? I thought its going to be today isnt it?!!

salina02 · Post by **salina02** » Wed Apr 06, 2011 8:31 am

Its strange i cant see any new forms on UKBA website.

bmowen · Post by **bmowen** » Wed Apr 06, 2011 8:42 am

I was on the UKBA website last night just before midnight and the new online form was up but it seems to have disappeared again. I guess they are making some more changes to it.

musaratnasreen · Post by **musaratnasreen** » Wed Apr 06, 2011 10:05 am

UKBA site they have changed immigration rules(under Law Section) as published in statement of changes on 16th Mar 2011. However they have not published new guidance, new SET(O) forms, Tier i(exceptional talent forms etc. They have not even finalized Immigration Directorate Instructions(which is still in Draft version and amended statement of changes of 30 Mar 2011 are not incorporated as yet). They need to have guidance for PBS routes specially for Tier 1(General). Let us hope they would make better changes for all of our colleagues.

psdesai wrote:Does anyone know when the new guidlines (and/or new calculator) will be published? I thought its going to be today isnt it?!!

darksun · Post by **darksun** » Wed Apr 06, 2011 10:09 am

I just went to UKBA site and if you say form finder, setO is the new form

musaratnasreen wrote:UKBA site they have changed immigration rules(under Law Section) as published in statement of changes on 16th Mar 2011. However they have not published new guidance, new SET(O) forms, Tier i(exceptional talent forms etc. They have not even finalized Immigration Directorate Instructions(which is still in Draft version and amended statement of changes of 30 Mar 2011 are not incorporated as yet). They need to have guidance for PBS routes specially for Tier 1(General). Let us hope they would make better changes for all of our colleagues.

psdesai wrote:Does anyone know when the new guidlines (and/or new calculator) will be published? I thought its going to be today isnt it?!!

bmowen · Post by **bmowen** » Wed Apr 06, 2011 10:13 am

darksun wrote:I just went to UKBA site and if you say form finder, setO is the new form

When I look at the Form Finder the form is dated 11/2010 and still has the old fees on it. I believe that there is a new form still to come.

darksun · Post by **darksun** » Wed Apr 06, 2011 10:13 am

Hmm weird, I just downloaded it and looking at it now. I reckon they're adjusting stuff on their website

bmowen wrote:
darksun wrote:I just went to UKBA site and if you say form finder, setO is the new form

When I look at the Form Finder the form is dated 11/2010 and still has the old fees on it. I believe that there is a new form still to come.

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Settlement requirements for PBS migrants from April 2011