Proposed changes to settlement
Proposed changes to settlement
Proposed changes to settlement
The UK Border Agency has announced that the rules for settlement may change on 6th April 2011, subject to parliamentary scrutiny. The current settlement criteria will be tightened to reflect the below changes:
Criminality Threshold- The introduction of this would mean that all Applicants must be clear of unspent convictions when an application for settlement is made
Income Requirement- This will apply to all Tier 1 (General) applicants and they will need to satisfy the income requirement that applied to them when a previous extension application was made. Those under Tier 2 (General) or Tier 2 (Intra company transfer) and those who held work permits must be paid the relevant rate as stated in the codes of practice.
Tier 2 (General) and Tier 2 (Intra company transfer)- Codes of Practice
The minimum skill level for all jobs under Tier 2 category is Level 3 of National or Scottish Vocational Qualification (NWQ or SVQ). This remains so until 5th April 2011. Although the codes of practice for this will be updated in the near future, it is advised to continue using the 2010/2011 codes of practice.
However, as of 6 April 2011 any jobs undertaken by migrants who are applying to Tier 2 from abroad, or those applying to switch into Tier 2 from a different immigration category, are required to be at graduate level or above.
English Language Requirement- This change applies to Applicants under Tier 1, Tier 2 and the predecessor routes will be required to pass the Life in the UK test instead of the ESOL with citizenship course.
The following categories will be required, under the proposed changes, to complete a knowledge of life in the UK test
Outside the points-based system
Work permit
Highly skilled migrant programme
Representatives of overseas newspapers, news agencies and broadcasting organistaions
Sole representatives
Private servants in diplomatic households
Domestic workers in private households
Overseas government employees
Minsters of religion, missionaries, members of religious orders
airport based operational ground staff of overseas owned airlines
UK Ancestry
Dependent spouses or civil partners of people in any of the above categories
Those applying for Indefinite leave to remain under part 6 of the Immigration Rules
Persons intending to establish themselves in business
Innovators
persons intending to establish themselves in business under the provisions of the EC association agreements
investors
writers, composers and artists
Dependent spouses or civil partners of people in any of the above categories
Points-based system categories
tier 1 (General) migrants
tier 1 (Entrepreneur) migrants
tier 1 (Investor) migrants
tier 2 migrants
Dependent spouses, civil partners, unmarried partners or same-sex partners of people in any of the above categories
dependent children of people in these categories aged 18 or over
Other categories
persons exercising the rights of access to a child resident in the UK
spouses or civil partners of persons who have or have had leave in the UK as retired persons of independent means
long residence
spouse or civil partner of a settled person
unmarried or same-sex partners of a settled person.
The following categories will not be required, under the proposed changes, to complete a knowledge of life in the UK test
victims of domestic violence
foreign and Commonwealth citizens on discharge from HM Forces, including Gurkhas
Dependent spouses, civil partners, unmarried partners or same-sex partners of people in any of the above categories
bereaved spouses, civil partners, unmarried partners or same-sex partners
parents, grandparents and other dependent relatives of persons present and settled in the UK, even if they are aged between 18 and 64
retired persons of independent means
European nationals and their non-European Economic Area family members applying under the free movement of persons provisions. These people would need the knowledge of life requirement if they applied under the Immigration Rules.
Turkish nationals applying under the EC association agreements
Those applying following five years in the UK as refugee
Those applying for indefinite leave following six years of discretionary leave
Persons applying for indefinite leave following four years of exceptional leave
Those applying for indefinite leave following three years of humanitarian protection
All persons applying for indefinite leave outside the Immigration Rules
Dependent children of people settled in the UK, even if they are aged 18 or over
Dependent children of people in the following categories do not need to meet the knowledge of life requirement, even if they are aged 18 or over:
work permit
highly skilled migrant programme
representatives of overseas newspapers, news agencies and broadcasting organisations
sole representatives this category was replaced by representatives of overseas
Accelerated route- This will be available for Applicants under Tier 1 (Investors and Tier 1 (Entrepreneurs), Applicants must however meet the required enhanced criteria.
The UK Border Agency state that they will publish the changed policy guidance for their staff members once the Immigration Rules change; this is currently awaiting Parliament's approval.
Further details can be found on the statement of changes to the Immigration Rules (HC 863) which holds all details as to the changes due to take place on 6th April 2011.
16th March 2011
For further information or for a case specific evaluation, please contact us on 0207 569 3035 or alternatively at info@ergensharif.co.uk .
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