Transitional arrangements for existing Tier 1 (General)

[geriatrix]

TIER 1

• The Tier 1 (General) route will remain open in order to enable those with existing leave to enter or remain under Tier 1 (General), or its pre-PBS predecessor categories to extend their leave. The points threshold for extensions will, however, be raised to 100 for those who were required to score 100 points when they were originally granted Tier 1 (General) leave. The points requirements will otherwise be unchanged.

• Those not already in Tier 1 (General) or a prePBS predecessor category will not be able to switch into it after 6 April 2011. This includes those with existing leave to enter or remain in the Tier 1 (Post Study Work) category or its predecessor categories, and those in Tier 4. They will not be able to switch into Tier 1 (General), but will be permitted to switch into Tier 2 (General). The allocation of a CoS for the purpose of such a switching application will not count towards the annual limit in 2011/12 nor will it be subject to the RLMT where the worker is switching from a Post-Study Work category and has been in post for six months or more.

Page 10!

My two cents:
Until such time that the government issues a statement of change in the parliament or announces the exact details of changes in the immigration rules and issues a revised policy guidance, any statement made in the said document is subject to individual interpretation!

So, in my humble opinion, being a bit more patient and waiting until such details are made public may be a wise thing to do. Details of any changes to be implemented from 06-Apr will have to made public beforehand, so not long to wait for ... and everything will be crystal clear then.


regards

[chosenaik]

"The points threshold for extensions will, however, be raised to 100 for those who were required
to score 100 points when they were originally granted Tier 1 (General) leave".

I am ubsure what this means? Is it saying that those whom were required to score 100 will still need to score 100? That would mean that all of us whom were granted Tier 1 G will automatically qualify for the extension!! Am I correct...?

[geriatrix]

INDEFINITE LEAVE TO REMAIN (SETTLEMENT)

On the 23 November 2010, the Home Secretary set out the Government’s intention to restrict settlement and to end the link between temporary migration for work or study and staying in the UK permanently. As a first step towards achieving these objectives, there will be some preliminary tightening of the settlement rules from April 2011 which will affect those submitting applications for settlement on or after 6 April.

We will consult later in the year on further settlement reforms. However, those making applications for leave to enter or who are already in the UK and apply to switch into an alternative route on or after 6 April 2011 should be aware that the opportunity to apply for settlement and the
requirements for applicants may change. Applicants will need to meet the rules in place at the time of their application for settlement.

CHANGES TO THE SETTLEMENT RULES FROM APRIL 2011
Rules and guidance changes effective from April 2011 will:
• introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement;
• amend the Knowledge of Language and Life in the UK requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders; and
• clarify the criminality test applied to all applicants for settlement.

Income requirement
We will introduce a new income requirement for Tier 1 (General), Tier 2 (General) and Work Permit holders applying for settlement. Although granted leave to enter or remain with the intention that they should undertake skilled or highly skilled work, these groups currently are not required to demonstrate this at the settlement stage. An income requirement will help ensure that these migrants have continued
to work in skilled or highly skilled occupations by confirming their income is at least the level stipulated when they were last granted leave.
From April, we intend to apply the same income criteria for settlement as we do when an applicant applies for further leave to remain. We will clearly set out these requirements in the forthcoming Statement of Changes to the Immigration Rules and in guidance, however, in general terms:
• Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;
• Tier 2 (General) and Work Permit migrants will need to be paid the appropriate salary for the occupation as set out in the relevant Code of
Practice for sponsored skilled workers.

English language
Those here under Tier 1 and Tier 2 of the Points Based System and as Work Permit holders who apply for settlement are required to demonstrate a Knowledge of Language and Life in the UK prior to being granted settlement. From April, they will be able to meet this requirement only by completing the Life in the UK Test. They will no longer be able to rely on taking an English for Speakers of Other Languages (ESOL) with citizenship course.

This will ensure that all Tier 1, Tier 2 and Work Permit migrants meet at least English level B1 of the Common European Framework of Reference
for languages, as this is the level at which we set the Life in the UK Test. Dependants of Tier and Tier 2 migrants will be unaffected by this change.

Criminality test
We will reform the current criminality threshold for settlement to bring it more in line with that for citizenship (naturalisation) applicants. All migrants (except refugees) will need to be free of unspent convictions when applying for settlement. Those who are not, and have no other legitimate basis of stay here, will be expected to leave the UK.

regards

[viki83]

Can anyone make sense out of this paragraph. Its worrying me alot as I don't understand if they mean 100 points for everyone or 95 points for those who initially had 95 points:

"The Tier 1 (General) route will remain open in
order to enable those with existing leave to enter
or remain under Tier 1 (General), or its pre-PBS
predecessor categories2 to extend their leave. The
points threshold for extensions will, however,
be raised to 100 for those who were required
to score 100 points when they were originally
granted Tier 1 (General) leave. The points
requirements will otherwise be unchanged."

[wf]

Can anyone make sense out of this paragraph. Its worrying me alot as I don't understand if they mean 100 points for everyone or 95 points for those who initially had 95 points:

"The Tier 1 (General) route will remain open in
order to enable those with existing leave to enter
or remain under Tier 1 (General), or its pre-PBS
predecessor categories2 to extend their leave. The
points threshold for extensions will, however,
be raised to 100 for those who were required
to score 100 points when they were originally
granted Tier 1 (General) leave. The points
requirements will otherwise be unchanged."

It is obvious from the statement you have quoted that if you require 95 points for an extension if you originally qualified with 95 points.

Also, do not double post.

[orphean]

i'm assuming it means that folks who got their initial tier-1 application after the 5th of april 2010, that required a 100 points to qualify, will need to show a 100 points again, to qualify for an extension.

[T1_Mainframe]

• Tier 1 (General) migrants will need to score points against the same criteria as their last application as set out in Appendix A of the
Immigration Rules;

My take:
last application means extension, and extension is always based on initial application. My conclusion and hope is - extension and settlement will have to meet same income requirement as was set out in initial application.

Your thoughts please!

[geriatrix]

"The points threshold for extensions will, however, be raised to 100 for those who were required
to score 100 points when they were originally granted Tier 1 (General) leave".

I am ubsure what this means? Is it saying that those whom were required to score 100 will still need to score 100? That would mean that all of us whom were granted Tier 1 G will automatically qualify for the extension!! Am I correct...?

IMHO, when applying for entry clearance, if an applicant required 80 (attributes) + 10 (maintenance funds) + 10 (English language) = 100 points then the same applicant will now require to score 100 (attributes) points to qualify for extension.

(Attributes = Age + Qualifications + Previous earnings + UK Experience + qualifying MBA under transitional arrangements).

Therefore, this change/statement seems to affect only those migrants who applied on/after 19-July-10.

IMHO ....

regards

[chosenaik]

Thats great!! We all must have scored 100 points then! So we should automatically qualify!!

[bandit_1250]

I personally think that the points statement needs some clarification.

Also, (possibly a stupid) question to all but are those point only 'attributes' or do they mean total points i.e. 'english' and 'maintenance' included.

I truly hope it's the latter else I am in trouble.

Thanks

Forgot to add, I applied before April'2010 and was required to meet 75 points for attributes.

[orphean]

Thats great!! We all must have scored 100 points then! So we should automatically qualify!!

correct. i'm quite happy with this. they have been reasonable.

[faru22]

i got my tier-1 visa in oct 2010,will i be qualified for extension in 2012?wht will be my income points required for extension??
plzz help

[pgaitonde]

Thats great!! We all must have scored 100 points then! So we should automatically qualify!!

correct. i'm quite happy with this. they have been reasonable.

When the new government set out the rules it was sometime in July 2010 where new applicants had to score 100 points (including maintenance and english language skills). Before that people applied had to score 95 points..

If you check the below point from statement of intent it clearly states that those who had to score 100 points in initial application has to score 100 otherwise it remains unchanged.

The Tier 1 (General) route will remain open in order to enable those with existing leave to enter or remain under Tier 1 (General), or its pre-PBS predecessor categories 2 to extend their leave. The points threshold for extensions will, however, be raised to 100 for those who were required
to score 100 points when they were originally granted Tier 1 (General) leave. The points requirements will otherwise be unchanged

[pgaitonde]

i got my tier-1 visa in oct 2010,will i be qualified for extension in 2012?wht will be my income points required for extension??
plzz help

@faru22 - it will remain the same as u applied during oct 2010

[faru22]

but i applied on july 15th 2010,and got the stamped visa on july 17th.
july 19th new points system came along.soo where do i stand nw:(wht will be my extension point level??

[pgaitonde]

but i applied on july 15th 2010,and got the stamped visa on july 17th.
july 19th new points system came along.soo where do i stand nw:(wht will be my extension point level??

So when u applied did u submit ur application with the score 95 or 100..if its 95 then you have to score 95 or otherwise.

[viki83]

"We will consult later in the year on further
settlement reforms. However, those making
applications for leave to enter or who are already
in the UK and apply to switch into an alternative
route on or after 6 April 2011 should be aware that
the opportunity to apply for settlement and the
requirements for applicants may change. Applicants
will need to meet the rules in place at the time of
their application for settlement."

Does this mean requirement for settlement will only change in future for those who switch into some category after Aprill 2011? I assume they mean there won't be huge changes for those who already have a leave pre April 2011? Can experts shed light on this issue please?

[manojk005]

but i applied on july 15th 2010,and got the stamped visa on july 17th.
july 19th new points system came along.soo where do i stand nw:(wht will be my extension point level??

Did you score point for english language requirement? If yes then you should not be asking this type of question.

[pgaitonde]

"We will consult later in the year on further
settlement reforms. However, those making
applications for leave to enter or who are already
in the UK and apply to switch into an alternative
route on or after 6 April 2011 should be aware that
the opportunity to apply for settlement and the
requirements for applicants may change. Applicants
will need to meet the rules in place at the time of
their application for settlement."

Does this mean requirement for settlement will only change in future for those who switch into some category after Aprill 2011? I assume they mean there won't be huge changes for those who already have a leave pre April 2011? Can experts shed light on this issue please?

@Viki83
It means that people applying for leave to enter or switching into alternative route from 6 April 2011 for them the rule for settlement will be different...

[faru22]

it waz 95.be4 july 19th 2010

[pgaitonde]

it waz 95.tht means age+degree+earnings=75
and english + fund= 20

So you have to score 95 points during ur extension..

[geriatrix]

For the less aware, attributes = Age + Qualifications + Previous earnings + UK Experience + qualifying MBA under transitional arrnagements.

See clause/para 50 of the policy guidance.


regards

[faru22]

from where does mba come,i had nt got masters,just bachelors but still i got my tier-1.
applied after rules changed after april 6th 2010.i applied on july 15th ,got visa on july 17th

[pgaitonde]

from where does mba come,i had nt got masters,just bachelors but still i got my tier-1.
applied after rules changed after april 6th 2010.i applied on july 15th ,got visa on july 17th

@faru22 - you needn't worry..u will have to score 95 points...

[faru22]

thanx pgaitonde,
thanx for ur patience in answering my queries:)