Has ILR been phased out after July 2011?

ps1234 · Post by **ps1234** » Sun Jul 17, 2011 12:48 pm

Hi all,

I have a pretty big confusion - does ILR still remain after July 2011?

I have read too many posts/boards saying that something is happening after July 2011 and ILR will be phased out. I have also seen emails from various employers saying 'please submit your ILR applications before July 2011.' What is happening/was supposed to happen in July 2011?

I entered UK in Sept 2009 under Tier II (General) and switched to Tier I (General) in March 2011. I should be eligible for ILR in 2014.

What is the current status of ILR now? Does it still exist for people whose ILR is due in 2012/13/14 etc?

Can anyone please provide a link of an official announcement about it being phased out after July 2011?

All I have read on the UKBA website is that there were some changes made to ILR in April 2011 (criminality, income, english language requirements) - nothing about July 2011.

So in 2014, will there still be an ILR to apply to (as things stand now) or will it be Provisional citizenship?

Post by **vinny** » Sun Jul 17, 2011 1:08 pm

Cancelled

ps1234 · Post by **ps1234** » Sun Jul 17, 2011 8:06 pm

vinny wrote:Cancelled

Thanks Vinny. So does it mean that till the govt comes out with a new order, ILR remains as usual?

''If people enter this country saying that they will only stay here temporarily, then it is obvious that they should only stay here temporarily. Working in Britain for a short period should not give someone the right to settle in Britain." This sounds pretty ominous for Tier 1/2 holders..!!

Aryan2013 · Post by **Aryan2013** » Mon Jul 18, 2011 3:47 pm

ps1234 wrote:
vinny wrote:Cancelled
Thanks Vinny. So does it mean that till the govt comes out with a new order, ILR remains as usual?

''If people enter this country saying that they will only stay here temporarily, then it is obvious that they should only stay here temporarily. Working in Britain for a short period should not give someone the right to settle in Britain." This sounds pretty ominous for Tier 1/2 holders..!!

That's right, they will stop the journey from "temp" to "perm".

ps1234 · Post by **ps1234** » Tue Jul 19, 2011 1:13 pm

Aryan2013 wrote:
ps1234 wrote:
vinny wrote:Cancelled
Thanks Vinny. So does it mean that till the govt comes out with a new order, ILR remains as usual?

''If people enter this country saying that they will only stay here temporarily, then it is obvious that they should only stay here temporarily. Working in Britain for a short period should not give someone the right to settle in Britain." This sounds pretty ominous for Tier 1/2 holders..!!
That's right, they will stop the journey from "temp" to "perm".

I spoke with my company's immigration solicitor and she said that since my Tier 1 (General) was granted before April 2011 (after which it was closed), that will be treated as permanent rather than temporary. All new visas given are being counted as temporary. Not sure if this is correct.

Do we have any clear definition/idea of what is permanent and what is temporary? What happens to all the existing Tier 1 and 2 (general) visa holders - which bucket do they get put in?

Aryan2013 · Post by **Aryan2013** » Wed Jul 20, 2011 3:32 pm

All visa's are temp, full stop.

There's no point guessing the outcome of the consultation, just wait for the govt. to propose the changes.

dimsav · Post by **dimsav** » Thu Jul 21, 2011 12:54 am

Aryan2013 wrote:All visa's are temp, full stop.

WRONG - In the context discussed, "temporary" means "re-branding" Tier 2 (mostly) into a "temporary" category not leading to settlement automatically, though the settlement route will still be available as a subcategory of Tier 2 (with further details to follow in Autumn).

Importantly, all these changes will affect only 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, as is clearly said in the written ministerial statement.

@ps1234: Your company's immigration solicitor was right, and you should be fine...

arsenal49 · Post by **arsenal49** » Thu Jul 21, 2011 1:09 pm

LEGALLY speaking... as of today (21 July 2011) Tier 2 is NOT a "Temporary" Visa for ILR purposes...

True or False?

Aryan2013 · Post by **Aryan2013** » Thu Jul 21, 2011 1:42 pm

I'll wait for the govt. to announce the new rules.

dimsav · Post by **dimsav** » Thu Jul 21, 2011 3:20 pm

arsenal49 wrote:LEGALLY speaking... as of today (21 July 2011) Tier 2 is NOT a "Temporary" Visa for ILR purposes...

My understanding of the written ministerial statement is such that if you get your Tier 2:

- before 6 April 2011 then you will retain the automatic right to apply for ILR in 5 years;

- after 6 April 2011 then you wont have such right per default, but will have two options while extending your initial stay (after 3 years):
- - either stay in the same "temporary" status for up to 2 years and then leave the country (so, the total stay is going to be limited by 5 years);
- - or switch into a subcategory of Tier 2 that will give you the right to apply for ILR (after 5 years in total).

arsenal49 wrote:True or False?

See above -- the choice of answer is yours...

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Has ILR been phased out after July 2011?

Has ILR been phased out after July 2011?