About those 'new visa rules'

By 1st 4Immigration - #1 UK Immigration Experts -
Every day I am now asked by the concerned customers about the proposed 'new rules' on UK visas, especially settlement rights. I have spent a few hours carefully reading a 42-page consultation paper and here are the main points:

1) Main misunderstanding is that Tier 1 General (HSMP) visa holders will not be allowed to apply for an ILR (Permanent visa, Indefinite Leave to Remain). Wrong! All proposals are covering Tier 1 migrants who ENTERED Tier 1 since April 2011 (and does not cover those who entered it before that). This by definition excludes all Tier 1 General migrants because this category was closed altogether before April 2011 and no one entered it since then. Tier 1 General (HSMP) migrants should be able to apply for permanent residency (ILR) in the same as now (if proposals are not changed later).

2) Changes referring to 'Tier 1 migrants' cover those under the remaining sub-categories of Tier 1: Investor, Entrepreneur and Exceptional Talent. It does not refer to 'General' at all and Post-Study work will be closed in April 2012.

The proposals do not prevent Investors etc from applying for Settlement. They simply propose to limit those visas to total of 5 years. After that a person has to either apply for Settlement (ILR) if he/she qualifies - or leave the UK altogether. Maybe re-apply again from abroad and start 5 years all over again. This is in contrast with the current possibility of extending again and again without applying for settlement. Most people would find it strange but they are reasons for extending instead of applying for an ILR: one hasn't passed a Life in The UK Test or has accumulated too many absences or has an unspent conviction.

3) Note for nationals of  BULGARIA and ROMANIA applying under the old HSMP category (under the rules which were in place before November 2007 and which are still available to nationals of Bulgaria/Romania): the "new rules" proposals do not apply to you at all, the rules for European workers remain the same and are protected by the European law.

4) TIER 2 VISA HOLDERS. Tier 2 ICT does not lead to permanent residency already for those who entered it from April 2010.

However, major changes are proposed to stop Tier 2 (General) visa holders from settling in the UK. These proposals ask in the consultation whether the whole Tier 2 category should be made temporary (not leading to permanent residency status) and whether to allow some Tier 2 General migrants to switch to a "special" Tier 2 category which will be leading to settlement. Decision remains to be seen. 

5) To add to p4), the proposed changes also ask whether an employer should play a more active role in a settlement application for a Tier 2 migrant. Currently, Tier 2 General (work permit) migrants simply need a letter from employer (who sponsored them) to confirm they are still required for the job. However, nothing is stopping a worker to leave this job once an ILR has been granted. So, the new rules propose to involve employers more and in short, make sure employees do not leave the job that soon.

6) ANCESTRAL VISA holders: no changes proposed.

7) DOMESTIC WORKERS: this route is proposed to be closed altogether. Or to be reduced to a 6 months stay similar to a visitor visa.

8) SPOUSES/PARTNERS of British citizens: we will make a separate posting on that issue, there are going to be big changes comparing to the current system. In short: if eligible, apply now before it becomes way more complicated!

9) FINALLY, these are only proposals and we will only know for sure once the rules are formally introduced.

For more personal advice please contact us www.1st4immigration.com

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