Immigrationboards.com

Hi All
New Govt has announed that they will introduce new ILR rules from April 2011. Check the Link below, at the bottom we have settlement section:


http://www.ukba.homeoffice.gov.uk/sitec ... ual-limits

If you know any further details about it , please post here.

I'm on Work Permit Visa from past 5 years. Will the new rules apply for Work Permit Holders as well.
Because they mentioned it for Highly Skilled & Skilled Workers.
Is Work Permit same as Skilled workers (Tier 2) implemented from Nov 2008.

Most of the changes affect people who haven't entered the country yet. They are the new rules for getting the visa to come in. At the bottom is a list of three rules that affect anyone (work permit included) that is applying for settlement. The third one, passing the 'Life in the UK' test, isn't new.
Having no unspent convictions and the salary criteria are the new bits.

Will this govt change the rules for sure from April 2011 or is it just a proposal ???

Will they have consultation for these new rules before implementing ???

@genorp : Will the traffic offences come under these convictions???

The rules on that page are the rules. No consultation. There was a consultation regarding students but nothing about those rules.

As far as traffic, that's tricky. A traffic conviction is considered a criminal conviction. Logically it's odd to think that they would turn someone down because of a speeding ticket but I don't know how strictly they'd enforce it, or if the case worker will have any discretion, considering the rules aren't in effect yet, we just don't know.

There is a chance that a fixed penalty notice for a traffic violation, if paid within the allotted time and not contested, is not considered a conviction. I'd read that on various legal web pages but not on any national government page. But that would be something to check with a legal or immigration professional.

genorp wrote:The rules on that page are the rules. No consultation. There was a consultation regarding students but nothing about those rules.

Was there no consultation when the previous government changed the ILR rules (period of continuous stay from 4 yrs to 5 yrs) from April 2006?

However, there was an elaborate consultation (that lasted probably for 4 months) on the Earned Citizenship Act, which this govt. would not be pursuing.

Manas wrote:

genorp wrote:The rules on that page are the rules. No consultation. There was a consultation regarding students but nothing about those rules.

Was there no consultation when the previous government changed the ILR rules (period of continuous stay from 4 yrs to 5 yrs) from April 2006?

No. In fact, UKBA said the change "is not regarded as controversial"!

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

genorp wrote:Most of the changes affect people who haven't entered the country yet. They are the new rules for getting the visa to come in. At the bottom is a list of three rules that affect anyone (work permit included) that is applying for settlement. The third one, passing the 'Life in the UK' test, isn't new.
Having no unspent convictions and the salary criteria are the new bits.

Is there any reason why this rule is announced as new? Or they are actually referring to something different from the current test?

====

will these new rule for settlement apply to people who are on verge of settlement.

for e.g. conviction can happen anytime...traffic offence in court is a conviction, but then someone who is on verge of getting ILR will have all his years wasted?

@Thaman:
I have driving conviction which went to court. I'm due to get ILR in may 2011. if these new rules be implemented then i wont be eligible for ilr. hope the new rules will not be implemented in april 2011 by gods grace.

York123 wrote:@Thaman:
I have driving conviction which went to court. I'm due to get ILR in may 2011. if these new rules be implemented then i wont be eligible for ilr. hope the new rules will not be implemented in april 2011 by gods grace.

Hi York, am in the same boat...had drink & drive offence this month....1st in my life when I have my ilr due in july 2011. I am yet to get the result..may eb driving ban (which will be through court)

hopefully new rules are not implemented on people who are already nearing there ilr as it will clearly mean waste of 5 years & very wrong! also, as per HSMP -JR, HO has to honour the rules that were applicable at the time of hsmp (pre nov 2006), & rules then state that one can get settlement if unspent conviction is there....naturalization will take longer...so i believe people like us shld be fine...but lets see how it goes...


also if they don't give ilr Then will they extend our visa's like hsmp/tier 1 till next 5years? but again tier1 is ending in april as well! its more confusing....

Hi guys.

I am in residing in UK on Tier 1 (General) Visa.

If the Government closes the Tier 1 (General) Visa would it affect people like me (I need to have my visa extended next year) or is this only for the new applicants trying to get UK immigration?

Thanks

Ali

@ ali,

i believe HO will make some arrangements for tier 1 extenmsion as there will be many in situation like yours..but hopefully april 2011 chanegs are sensible & not retrospective...

actually on 2nd thoughts...both closing of T1 and new ILR rules should not be applied on existing migrants as otherwise it opens a case for anothe rJR...same as earlier.....legitimate expectations and being retrospective in nature....hope good sense prevails!

Dear Thaman

Thanks for the reply. I agree with you.

Regards

''Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay''
Does it mean its going to be very difficult if ppl operate via limited company??

thaman wrote:@ ali,

i believe HO will make some arrangements for tier 1 extenmsion as there will be many in situation like yours..but hopefully april 2011 chanegs are sensible & not retrospective...

actually on 2nd thoughts...both closing of T1 and new ILR rules should not be applied on existing migrants as otherwise it opens a case for anothe rJR...same as earlier.....legitimate expectations and being retrospective in nature....hope good sense prevails!

Post Nov '2006 HSMPian signed a undertaking that he/she is aware of any changes of immigration rule will affect them.

[quote="algin8"]''Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay''
Does it mean its going to be very difficult if ppl operate via limited company??[/quote]

If they change the rules as per announcement then, i guess, it might be a problem if some can not show their income equal to the one they showed during the last extension time. Anyway if you are operating a real limited company then you should earn enough I hope, problem will be for those who opened up VISA company.

algin8 wrote:''Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay''
Does it mean its going to be very difficult if ppl operate via limited company??

Whetehr you operate througha limited company or not shouldnt matter. It depends on your visa. If you have visa which you obtained by claiming (and subsequently meeting the criteria) to be a skilled / highly skilled then you need to meet this condition/

xyz123 wrote:

algin8 wrote:''Skilled and highly skilled migrants will need to meet the income criteria that applied when they last extended their permission to stay''
Does it mean its going to be very difficult if ppl operate via limited company??

Whetehr you operate througha limited company or not shouldnt matter. It depends on your visa. If you have visa which you obtained by claiming (and subsequently meeting the criteria) to be a skilled / highly skilled then you need to meet this condition/

Another curiosity in the upcoming changes: under current rules, skilled workers (WP/Tiers 2) are not allowed to show a reduction in their salaries. So nothing new here.

====

willnotbackHSMP wrote:

thaman wrote:@ ali,

i believe HO will make some arrangements for tier 1 extenmsion as there will be many in situation like yours..but hopefully april 2011 chanegs are sensible & not retrospective...

actually on 2nd thoughts...both closing of T1 and new ILR rules should not be applied on existing migrants as otherwise it opens a case for anothe rJR...same as earlier.....legitimate expectations and being retrospective in nature....hope good sense prevails!

Post Nov '2006 HSMPian signed a undertaking that he/she is aware of any changes of immigration rule will affect them.

but what about pre nov 2006, like me...may 2006...at that rules were:

1. no salary requirment for extension (which we got) & ILR
2. ILR will be granted on stay of 5years in hsmp (T1)...even if unspent conviction (criminal offence...traffic or any). Only think is citizenship will be delayed.

so both the above needs to be honoured! what say?

thaman wrote:

willnotbackHSMP wrote:

thaman wrote:@ ali,

i believe HO will make some arrangements for tier 1 extenmsion as there will be many in situation like yours..but hopefully april 2011 chanegs are sensible & not retrospective...

actually on 2nd thoughts...both closing of T1 and new ILR rules should not be applied on existing migrants as otherwise it opens a case for anothe rJR...same as earlier.....legitimate expectations and being retrospective in nature....hope good sense prevails!

Post Nov '2006 HSMPian signed a undertaking that he/she is aware of any changes of immigration rule will affect them.

but what about pre nov 2006, like me...may 2006...at that rules were:

1. no salary requirment for extension (which we got) & ILR
2. ILR will be granted on stay of 5years in hsmp (T1)...even if unspent conviction (criminal offence...traffic or any). Only think is citizenship will be delayed.

so both the above needs to be honoured! what say?

In that case you are cover by HSMP JR ( ILR) : http://www.ukba.homeoffice.gov.uk/worki ... review-09/

tier 1 holders need to meet the income criteria?

i was on T2 and converted to T1. So does that mean I have to show that income level(best 12 months from last 15 months) again during ILR?

[quote="eager2learn"]tier 1 holders need to meet the income criteria?

i was on T2 and converted to T1. So does that mean I have to show that income level(best 12 months from last 15 months) again during ILR?[/quote]

if the rule change in April 2011 then yes.

Yeah...even i am hoping my ILR goes safely...i got drink & drive offence in jan 2011....result of conivction yet to be declared (will be through court) will declare in the form...but as rules in 2006 (JR) had no issue with ilr being granted even if one had unspent conivction...i suppose there would be many like me......


hopefully things go fine....

Hi,
I today received letter from police station stating "cancellation of bail" for drink & drive. I am not required to attend police station (surrender to bail) on the day asked earlier. They had taken sample of my blood for analysis and i hope it came clear.

I believe this means the case is closed. any one who has gone through similar situation? I am filing my ilr in july 2011

@Thaman
Congrats..Thats gud.. Anyway the immigration minister said on Feb 1st that they will start consultation on settlement in Spring..
Hope ILR rules doesn't change before JUle 2011 by Gods grace