Consultation on changes to employment-related settlement

mulderpf · Post by **mulderpf** » Sat Jul 02, 2011 9:11 am

It doesn't apply to anyone - it is just a consultation. It is not meant to define in absolute detail the exact ins and outs.

venksy26 · Post by **venksy26** » Sun Jul 03, 2011 7:44 pm

Does this new consultation (proposed) to include applicants switching from WP to T2 gen according to transitional arrangements as well? I am on a old stlye WP which is due to expire in Feb 2012 (issued May 2007 - 4 years and 9 mths - just short of 90 days ILR).

I am planning to switch to tier 2 (transitional arrangements) this december and want to know whether I will be affected by the proposed changes.

Many Thanks in advance
Venksy

dms_sbs · Post by **dms_sbs** » Sun Jul 03, 2011 10:05 pm

No It will not.
Read my previous post and listen to BBC interview by Mr. Green.

tier_Graduate · Post by **tier_Graduate** » Mon Jul 04, 2011 4:37 pm

Does this apply for those who enter the UK using the 20,700 Tier 2 visas from outside the UK or doe it apply for all who switch into tier 2 even inside the UK also starting April, 2011??

Can anybody answer.

Aryan2013 · Post by **Aryan2013** » Thu Jul 14, 2011 2:34 pm

barbie1 wrote:
madona587 wrote:
barbie1 wrote:
madona587 wrote: As much as i hate the fact I can't settle in UK

Oh, so now it's a fact we can't settle and not a speculation?!
Sorry its still a speculation but my gut feeling is it will be implemented.
As long as they don't abolish the 10 year continuous residence I don't care, I need 4 years to reach that (4 student + 2 post study work = 6 so far) and would need 5 years on work visa (just got tier 2) so that option never interested me as much in the first case...

Barbie1, Long Residence rule may or may not survive that long.

http://www.immigrationboards.com/viewtopic.php?t=82340

barbie1 · Post by **barbie1** » Fri Jul 15, 2011 10:46 am

Aryan2013 wrote:
barbie1 wrote:
madona587 wrote:
barbie1 wrote:

Oh, so now it's a fact we can't settle and not a speculation?!
Sorry its still a speculation but my gut feeling is it will be implemented.
As long as they don't abolish the 10 year continuous residence I don't care, I need 4 years to reach that (4 student + 2 post study work = 6 so far) and would need 5 years on work visa (just got tier 2) so that option never interested me as much in the first case...
Barbie1, Long Residence rule may or may not survive that long.

http://www.immigrationboards.com/viewtopic.php?t=82340

For starters, I thought it was 10 years continuous residence, not 14......first time I hear this.

Are the suggested changes going to apply to people who got their tier 2 after April 2011 by applying within the country?

I really haven't got a clue what changes they're actually proposing but how can genuine people settle in this country permanently? I came here when I was 18 and I'm 24 now. I have studied and now working without a break all this time and will continue to. I would like to remain here and I know I will on work visas year after year, but seriously how long will this go on? All my life?! Jokes.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Fri Jul 15, 2011 11:13 am

Hi barbie

The 10 years long residence visa rule still exists...atleast aas of now.

Loosely speaking:

10 years long residence is for people who have had leave to remain legally

14 years long residence is for those who may not have legal residence, so applies to those who may be illegal status.

Aryan2013 · Post by **Aryan2013** » Fri Jul 15, 2011 2:56 pm

barbie1 wrote: For starters, I thought it was 10 years continuous residence, not 14......first time I hear this.

As stated by SM, both rule exist as of now.

Are the suggested changes going to apply to people who got their tier 2 after April 2011 by applying within the country?

Yes.

I really haven't got a clue what changes they're actually proposing but how can genuine people settle in this country permanently?

Marry a British or an EU person.

I came here when I was 18 and I'm 24 now. I have studied and now working without a break all this time and will continue to. I would like to remain here and I know I will on work visas year after year, but seriously how long will this go on? All my life?! Jokes.

The govt. is very very clear with its intentions, they don't like immigrants nor do they like ethnic minorties. I think it will be fair to say that they don't like poor, disable, etc etc...... people as well.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Thu Aug 18, 2011 12:10 pm

Just responded to the consultation.
I hope you guys have done it too.
If not, then pls spend your precious 5 mins and get your voice heard:
http://www.ukba.homeoffice.gov.uk/work- ... nsultation

Thanks

cpq.hims · Post by **cpq.hims** » Sat Aug 20, 2011 8:01 am

I responded to the survey as well...

looks like they are planning to close the tier 1 settlement as well, thats the feel i got while answering the question:(

cpq.hims · Post by **cpq.hims** » Sat Aug 20, 2011 8:47 am

I meant ever for the people who came on tier 1 before april 2011, lets see what they come up with...

timarli · Post by **timarli** » Sun Aug 28, 2011 9:47 am

Has anyone got any infromation on what's going to happen to those on Work Permit but switching to Tier 2 yet?

All I got so far is generic responses, repeating the 'uncerainities' in the consultation paper.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Mon Oct 03, 2011 9:33 am

The media is hotting up :

http://www.dailymail.co.uk/news/article ... l?ITO=1490

Aryan2013 · Post by **Aryan2013** » Tue Oct 04, 2011 6:03 pm

They have already decided, its just a matter of time for the announcement of new rules.

arnonel · Post by **arnonel** » Mon Oct 10, 2011 1:50 pm

Ive been here for 3 years already on a PBS Tier 2 Work Permit.

Is there a chance now that I will not be able to settle?

Surely it will only apply either for new applicants, or worst case for those who apply after April 1st?

Response appreciated

arsenal49 · Post by **arsenal49** » Mon Oct 10, 2011 6:57 pm

@arnonel

worst-case: yes, you cant apply for ilr
best-case: no, you wont be affected by it

was my reply helpful to you? probably not because your question is a magnet for trolls as no one can say one way or the other until the ukba announces the change in law.

good day

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Wed Oct 12, 2011 12:11 pm

@Aresenal- good point...

But you do realise that everyone's worried as hell...

barker · Post by **barker** » Fri Nov 04, 2011 3:32 pm

http://www.ukba.homeoffice.gov.uk/sitec ... ent-report

The MAC report has been published on the UKBA site. Point 5 on page 5 clearly states that the routes in scope for their consultation are Tier 1 Exceptional and Tier 2 RLMT only. Also having had a quick read through the report it indicates that all changes that they are suggesting be applied would come be applicable to people who were entered these routes in post 6th April 2011 and would be applying for settlement in April 2016.

While this does provide some clarity on the ambiguity of T1 G holder pre April 2011, I am not sure if the govt consultation is limited to post April 2011 entrants.

Also towards the end of the document there is note stating that their report on Family Migration would be out at the end of October 2011. Will have to keep an eye out for this i guess.

Moderators, if we could please have your comments on this.

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Mon Nov 07, 2011 11:09 am

http://www.guardian.co.uk/uk/2011/nov/0 ... nt-workers

rajaram20 · Post by **rajaram20** » Mon Nov 07, 2011 8:34 pm

barker wrote:http://www.ukba.homeoffice.gov.uk/sitec ... ent-report

The MAC report has been published on the UKBA site. Point 5 on page 5 clearly states that the routes in scope for their consultation are Tier 1 Exceptional and Tier 2 RLMT only. Also having had a quick read through the report it indicates that all changes that they are suggesting be applied would come be applicable to people who were entered these routes in post 6th April 2011 and would be applying for settlement in April 2016.

While this does provide some clarity on the ambiguity of T1 G holder pre April 2006, I am not sure if the govt consultation is limited to post April 2006 entrants.

Also towards the end of the document there is note stating that their report on Family Migration would be out at the end of October 2011. Will have to keep an eye out for this i guess.

Moderators, if we could please have your comments on this.

There was no Tier 1 General back in 2006.

"We made a start in April this year by introducing some preliminary tightening of the settlement rules. Migrants in Tier 1 and Tier 2, and their predecessor routes, are now required to show they continue to earn an appropriate income; and they may no longer meet the knowledge of language and life in the UK requirement for settlement by obtaining an English for Speakers of Other Languages (ESOL) with citizenship qualification, instead they are required to take the Life in the UK Test.19 A new criminality test will mean that migrants with an unspent conviction will be refused settlement. Now we intend to embark on a more radical overhaul of the settlement rules to break the automatic link between coming to work and staying permanently. We propose to apply these new settlement criteria to those entering Tiers 1 and 2 from April 2011."

Source: UKBA Employment related settlement consultation document
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

barker · Post by **barker** » Tue Nov 08, 2011 9:08 am

Apologies rajaram20, that was a typo on my part. That should have read pre April 2011.

rajaram20 · Post by **rajaram20** » Tue Nov 08, 2011 9:05 pm

barker wrote:Apologies rajaram20, that was a typo on my part. That should have read pre April 2011.

No worries. I read the MAC report and they have suggested three option
1) Do nothing - As the current restriction will automatically reduce the numbers - not sure whether Government will listen to this

2) Income criteria - Â£31,000 - Â£49,000 Median is around Â£35,000. Lot of voices against this e.g. HSMP Forum Ltd and other Business communities.

3) Income criteria and a limit every month / year.

Just need to wait and see how the Government is going to proceed with this, it is just annoying with the pace of changes made in immigration by this Government and even the last Government.

HTH

barbie1 · Post by **barbie1** » Wed Nov 09, 2011 7:49 pm

Have any changes been made yet to the 10 year long residence rule? Will this continue to exist?

sys_sagar · Post by **sys_sagar** » Thu Nov 10, 2011 3:19 pm

so does it mean that it will also apply for T1 migrants applied before April 2011?

will it also effect legacy JR cases or they are protected?

ukswus · Post by **ukswus** » Thu Nov 10, 2011 4:09 pm

sys_sagar wrote:so does it mean that it will also apply for T1 migrants applied before April 2011?

and you are asking this question based on what exactly?

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