UK to tighten laws to curb people claiming British passports

gastr · Post by **gastr** » Mon Oct 10, 2011 10:35 am

arsenal49 wrote:based on the discussion above, can someone explain whether i will be effected or not.

I am going to apply for tier 2 in , lets say, 1 Dec 2011. But, i hope to gain ILR BEFORE April 2016 via 10 year rule, 1 Dec 2015 to be specific. What sets of rules apply to those in my situation.

Thanks,

PS. please do reference your reply with how you come to that conclusion!

i'm as much in the dark on this as you are, so don't take this as gospel, but my understanding is that the *automatic* route to ILR is to be taken away (that's the proposal anyway, this isn't certain yet). this doesn't mean you can't get ILR, but there will be criteria and you may not get it. that criteria is going to be based on how much you earn, whether or not you're in a skills shortage field, how good your english is and how much you know about english culture- things like that. given it's the Tories you probably need to be rich and white haha. (note that i'm not advocating this! that just seems like a typical torie thing to do)

how much you need to earn, what fields are shortage fields, what you need to know about english culture, etc., i have absolutely no idea.

my advice would be to not panic or worry too much right now

we just don't know these things.

btw not sure what you mean by "10 year rule".

barker · Post by **barker** » Mon Oct 10, 2011 11:48 am

gastr wrote:
ukswus wrote:Here's another statement from Greene, that kinda should make it clear to those with the basic grasp of English:

As the Home Secretary announced in February, we intend the
settlement reforms will affect those workers who entered economic migration routes under the Immigration Rules in force from 6 April this year and who, under the current system,
could have expected to apply for settlement in 2016.
thanks for pulling out that quote, that's relevant to me. i take this as meaning that people that moved onto a tier2 visa before april of this year will likely use the "old" ILR remain rules, meaning that they can more or less automatically stay after five years.

if anyone has a different understanding of this, please let me know!

Apologies if this should have been in a separate post. But there is an ongoing consultation for family member's migration as well which the HO would be applying from April next year onwards. The document only states Tier 1 Entrepreneur, Exceptional Talent and Investors under the section for Points Based System dependants. Any thoughts on whether this will affect dependants who came in before April 2011?

arsenal49 · Post by **arsenal49** » Mon Oct 10, 2011 6:03 pm

@gastr

two routes exist to ILR.
Rule 1: Legal stay in UK for 10 years
Rule 2: Legal plus illegal stay in UK for 14 years

I am only interested in Rule 1:)

Anyone knows when the results of consultation due, roughly?

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Tue Oct 11, 2011 10:32 am

I am checking the UKBA site almost every day, sometimes 2-3 times. Hopefully will come out with the breaking news soon... lol

Aryan2013 · Post by **Aryan2013** » Tue Oct 11, 2011 1:04 pm

I think Rule 2 is not an option anymore!

Aryan2013 wrote:Is this for real or am I missing something??

"The amendments will also affect the criteria for granting settlement as we are clarifying the need for an applicant to have valid leave to enter or remain in the United Kingdom so that those who have overstayed do not qualify under the rules."

http://www.ukba.homeoffice.gov.uk/sitec ... t-2011.pdf

maggi · Post by **maggi** » Wed Oct 12, 2011 11:33 am

If these rules would imply only to those who are making fresh applications or the ones who are already say, under Tier 2 and want to extend their stay further / or apply for ILR?

arsenal49 · Post by **arsenal49** » Sat Oct 15, 2011 1:24 am

maggi wrote:If these rules would imply only to those who are making fresh applications or the ones who are already say, under Tier 2 and want to extend their stay further / or apply for ILR?

rules apply to anyone who is making tier 2 application after April 2011!

geriatrix · Post by **geriatrix** » Mon Oct 31, 2011 7:26 pm

Aryan2013 wrote:"Under the proposals, only around 1,000 of the 40,000 non-EU economic migrants granted settlement each year would be allowed to stay. A few exceptions would be invited to stay, in particular the very wealthy. The rest would have to leave after a maximum of five years"

http://www.newstatesman.com/blogs/the-s ... on-germany

arsenal49 · Post by **arsenal49** » Mon Oct 31, 2011 7:28 pm

anyone knows whats being suggested regarding 10 year ILR rule?

Aryan2013 · Post by **Aryan2013** » Mon Oct 31, 2011 7:35 pm

I think you have to wait till Feb-March 2012 to know the answer!

pavanayi · Post by **pavanayi** » Fri Nov 04, 2011 1:58 pm

News Item on BBC website titled Number of migrant workers settling in UK 'could be cut'
http://www.bbc.co.uk/news/uk-15589596

geriatrix · Post by **geriatrix** » Fri Nov 04, 2011 1:59 pm

MAC publishes reports on settlement

dms_sbs · Post by **dms_sbs** » Fri Nov 04, 2011 2:57 pm

pavanayi wrote:News Item on BBC website titled Number of migrant workers settling in UK 'could be cut'
http://www.bbc.co.uk/news/uk-15589596

I think it is only for new migrants who entered uk after 2011. Read MAC report carefully where it says that it would not have immediate affect.

Page- 103- One clear and consistent theme runs through our consideration of economic, labour market and public service impacts. It is critically important that policy and employer action on skills and migration is used to mitigate any adverse impacts that would otherwise occur due to using economic criteria to decide which migrants stay in the UK beyond five years, particularly in relation to those sectors or occupations most affected. The introduction of criteria will not have direct effect until 2016; therefore there is some time for employers and policymakers to plan ahead.

bash · Post by **bash** » Mon Nov 07, 2011 11:35 am

They hardly say anything directly in the mac report!!!
confusion still persists for tier 1 visa holders,atleast for those who have to aplly for ILR in 2016.

barker · Post by **barker** » Mon Nov 07, 2011 3:15 pm

bash wrote:They hardly say anything directly in the mac report!!!
confusion still persists for tier 1 visa holders,atleast for those who have to aplly for ILR in 2016.

Bash, the report states quite clearly that the the consultation deals only with people who entered Tier 1 and 2 in April 2011 and would be applying for ILR post April 2016. This is mentioned on page 5, point 5.

mulderpf · Post by **mulderpf** » Mon Nov 07, 2011 3:29 pm

Careful, it is just a report. Last year government completely ignored the MAC's suggestions for Tier 1 by closing it. Just because the report says something, doesn't mean that's how it will be implemented in law.

barker · Post by **barker** » Mon Nov 07, 2011 3:47 pm

Agree mulderpf,

While the consultation speaks specifically of being applicable to people entering these routes post Apr 2011, the UKBA page does not clearly state this. Most people have stated that this is implied, but id be very cautious till they said something clearly.

Is there some sort time frame that they will announce any changes in to allow for people to implement them, or will they implement changes immediately? I mean based on previous history.

sojan · Post by **sojan** » Mon Nov 07, 2011 6:20 pm

I'm not sure how they got the news

http://economictimes.indiatimes.com/new ... 643081.cms

sojan · Post by **sojan** » Mon Nov 07, 2011 6:34 pm

In MAC Report, it says in page 36
But after last years complete closure of Tier1 (overriding MAC's analysis), I always will wait till parliament decision.

3.4 Context to analysis of Tier 1
and Tier 2 data
3.14 It is our understanding that any
changes to settlement policy made
as a result of this report will affect
only main applicants who enter the
PBS from 6 April 2011 and their
associated dependants. On that dat
the rules for being granted a visa
under Tiers 1 and 2 were altered.
These changes were introduced in
Chapter 2. Further detail and the
implications are discussed below.

Immigrationboards.com: Immigration, work visa and work permit discussion board

UK to tighten laws to curb people claiming British passports

Would the rules imply to those making fresh applications?

Re: Would the rules imply to those making fresh applications

ILR changing

Another one from economictimes