Ending the Link between Economic Migration and PR

[nskumar]

The next settlement reform would be Ending the Link between Economic Migration and PR as per the Coalition Government. What does this mean. Is it for new comers or is it for people already here in the UK. When would this change come.

[[iD]]

The next settlement reform would be Ending the Link between Economic Migration and PR as per the Coalition Government. What does this mean. Is it for new comers or is it for people already here in the UK. When would this change come.

Source please?

[nskumar]

The Prime Ministers speech yesterday
http://www.bbc.co.uk/news/uk-politics-13083781

I want Britain to continue to attract the best workers.

But it cannot be right that people coming to fill short-term skills gaps can stay long-term.

As the Cross-Party Balanced Migration Group has argued, it is essential we break that link between temporary visas and permanent settlement.

They are right - that's what this Government is determined to do…

…and we will consult on how best to proceed on this in the coming months.

[geriatrix]

…and we will consult on how best to proceed on this in the coming months.

The who, how and when can only be answered when the government announces its strategy.

If the government hasn't yet decided, how do you expect anyone else to know?

[nskumar]

When people entered UK 4 or 5 years ago, there had been no mention that the Settlement rules will change or the opportunity to settle in UK would be removed. The Settlement rules are subject to change was a text in UKBA which was brought in or around June 2008. however it does not mention that there would be no opportunity to apply for settlement.

Do we not have any grounds to file a JR based on this, because many people were counting the years by paying proper taxes and following the rules in UK hoping to get settlement in UK and with a legitimate expectation.

If this had been known to us before starting the migrant journey, many people would have chosen a different country. I entered this country expecting to Settle. I also do not understand the term work visas are temporary skill gaps. We have come to UK with a Permanent Job offer in a UK WorkPermit. The Job offer does not specify it as a contract. How come this can be treated as people come to UK just for short term work.

[geriatrix]

IIRC, WP holders have already lost a legal challenge that they launched on the assumption of "legitimate expectation" to fight the increase in residential qualification period from 4 years to 5 years.

In context of economic migrants:
WP migrants can still apply for settlement, so can Tier 1 (General) migrants. Likewise, Tier 2 (General) migrants and a section of Tier 2 (ICT) migrants also can.
Those who are no longer eligible for settlement are the ones that entered the PBS system in 2010 or later (e.g. - Tier 2 (ICT) from 06-Apr-10).

While it is easy for a person with no legal understanding to come to a conclusion that "because xyz condition was not mentioned in a said document when I applied so I have a ground for JR", the fact is that legal interpretation and scope of such statements (or absence thereof) in such documents can only be done by people qualified to do such legal interpretation(s) and analysis.

Also, HSMP JRs seem to have become a "convenient precedent" for anyone irritated / frustrated by the changes to immigration rules since then but it is absolutely important that people first clearly understand the basis on which those challenges were launched and won.

I believe a JR must be initiated within 3 months of the changes being implemented, so there is ample time for legal consultation(s) ... whoever wishes to take the route. Do take into account the fact that JRs are expensive business .... and really really expensive if you lose!

[geriatrix]

Please note that the speech refers to breaking the link between "temporary workers" and "settlement", but your argument (in the second post of yours) refers to you as a "WP migrant" - a category that (still) leads to settlement.

No link between the question in your opening post and your present circumstances.

[nskumar]

Please note that the speech refers to breaking the link between "temporary workers" and "settlement", but your argument (in the second post of yours) refers to you as a "WP migrant" - a category that (still) leads to settlement.

No link between the question in your opening post and your present circumstances.

I have interpreted that the speech refers to all economic routes(Tier1 & Tier2) as temporary visas.[/quote]

[nskumar]

But the most significant route to permanent settlement is the economic migration route.

Last year, 84,000 people who initially came on a work visa got the right to settle here.

I want Britain to continue to attract the best workers.

But it cannot be right that people coming to fill short-term skills gaps can stay long-term.

This is what has been mentioned in the speech which made me interpret as all economic routes(Tier1 and Tier2)

[geriatrix]

If you read carefully, you'll note that your interpretation is flawed.

[Aryan2013]

Please note that the speech refers to breaking the link between "temporary workers" and "settlement", but your argument (in the second post of yours) refers to you as a "WP migrant" - a category that (still) leads to settlement.

No link between the question in your opening post and your present circumstances.

I have interpreted that the speech refers to all economic routes(Tier1 & Tier2) as temporary visas.

[/quote]

All visa's are TEMPORARY, for your kind information.

[nskumar]

If you read carefully, you'll note that your interpretation is flawed.

I know that you have a very good understanding as I have gone through most of your comments. May I request you to please provide clarification related to the flaw in my interpretation. Atleast it would help me to still continue hoping for ILR as I am due in mid October this year

[geriatrix]

If you are a WP migrant / Tier 2 (General) / HSMP migrant / Tier 1 (General) migrant / pre-06-Apr-10 Tier 2 (ICT) migrant, you may apply for settlement as and when you fulfil the settlement requirements.

[nskumar]

If you are a WP migrant / Tier 2 (General) / HSMP migrant / Tier 1 (General) migrant / pre-06-Apr-10 Tier 2 (ICT) migrant, you may apply for settlement as and when you fulfil the settlement requirements.

Well. This is the current status. My argument was regarding the speech of PM which states as below

it is essential we break that link between temporary visas and permanent settlement

Temporary Visas (Tier1 and Tier2)

[geriatrix]

The current status applies until such time the status is changed. Unless a change in status is announced, how can you expect anyone to tell you one way or the other!