Изменения в правилах для получения ПМЖ (Settlement) для владельцев виз
Изменения в правилах для получения ПМЖ (Settlement) для владельцев виз Tier1 & Tier2
Ссылка на первоисточник: http://www.ukba.homeoffice.gov.uk/si...es?view=Binary
Сам текст:
Changes to the settlement rules from
April 2011
Rules and guidance changes effective from
April 2011 will:
• introduce a new income requirement for Tier
1 (General), Tier 2 (General) and Work Permit
holders applying for settlement;
• amend the Knowledge of Language and Life in
the UK requirement for Tier 1 (General), Tier 2
(General) and Work Permit holders; and
• clarify the criminality test applied to all
applicants for settlement.
Income requirement
We will introduce a new income requirement for
Tier 1 (General), Tier 2 (General) and Work Permit
holders applying for settlement. Although granted
leave to enter or remain with the intention that they
should undertake skilled or highly skilled work, these
groups currently are not required to demonstrate
this at the settlement stage. An income requirement
will help ensure that these migrants have continued
to work in skilled or highly skilled occupations
by confirming their income is at least the level
stipulated when they were last granted leave.
From April, we intend to apply the same income
criteria for settlement as we do when an applicant
applies for further leave to remain. We will clearly
set out these requirements in the forthcoming
Statement of Changes to the Immigration Rules
and in guidance, however, in general terms:
• Tier 1 (General) migrants will need to score
points against the same criteria as their last
application as set out in Appendix A of the
Immigration Rules;
• Tier 2 (General) and Work Permit migrants will
need to be paid the appropriate salary for the
occupation as set out in the relevant Code of
Practice for sponsored skilled workers.
English Language
Those here under Tier 1 and Tier 2 of the Points
Based System and as Work Permit holders who
apply for settlement are required to demonstrate a
Knowledge of Language and Life in the UK prior
to being granted settlement. From April, they will
be able to meet this requirement only by completing
the Life in the UK Test. They will no longer be
able to rely on taking an English for Speakers of
Other Languages (ESOL) with citizenship course.
This will ensure that all Tier 1, Tier 2 and Work
Permit migrants meet at least English level B1 of
the Common European Framework of Reference
for languages, as this is the level at which we set the
Life in the UK Test. Dependants of Tier and Tier 2
migrants will be unaffected by this change.
Criminality test
We will reform the current criminality threshold
for settlement to bring it more in line with that for
citizenship (naturalisation) applicants. All migrants
(except refugees) will need to be free of unspent
convictions when applying for settlement. Those
who are not, and have no other legitimate basis of
stay here, will be expected to leave the UK
Ссылка на первоисточник: http://www.ukba.homeoffice.gov.uk/si...es?view=Binary
Сам текст:
Changes to the settlement rules from
April 2011
Rules and guidance changes effective from
April 2011 will:
• introduce a new income requirement for Tier
1 (General), Tier 2 (General) and Work Permit
holders applying for settlement;
• amend the Knowledge of Language and Life in
the UK requirement for Tier 1 (General), Tier 2
(General) and Work Permit holders; and
• clarify the criminality test applied to all
applicants for settlement.
Income requirement
We will introduce a new income requirement for
Tier 1 (General), Tier 2 (General) and Work Permit
holders applying for settlement. Although granted
leave to enter or remain with the intention that they
should undertake skilled or highly skilled work, these
groups currently are not required to demonstrate
this at the settlement stage. An income requirement
will help ensure that these migrants have continued
to work in skilled or highly skilled occupations
by confirming their income is at least the level
stipulated when they were last granted leave.
From April, we intend to apply the same income
criteria for settlement as we do when an applicant
applies for further leave to remain. We will clearly
set out these requirements in the forthcoming
Statement of Changes to the Immigration Rules
and in guidance, however, in general terms:
• Tier 1 (General) migrants will need to score
points against the same criteria as their last
application as set out in Appendix A of the
Immigration Rules;
• Tier 2 (General) and Work Permit migrants will
need to be paid the appropriate salary for the
occupation as set out in the relevant Code of
Practice for sponsored skilled workers.
English Language
Those here under Tier 1 and Tier 2 of the Points
Based System and as Work Permit holders who
apply for settlement are required to demonstrate a
Knowledge of Language and Life in the UK prior
to being granted settlement. From April, they will
be able to meet this requirement only by completing
the Life in the UK Test. They will no longer be
able to rely on taking an English for Speakers of
Other Languages (ESOL) with citizenship course.
This will ensure that all Tier 1, Tier 2 and Work
Permit migrants meet at least English level B1 of
the Common European Framework of Reference
for languages, as this is the level at which we set the
Life in the UK Test. Dependants of Tier and Tier 2
migrants will be unaffected by this change.
Criminality test
We will reform the current criminality threshold
for settlement to bring it more in line with that for
citizenship (naturalisation) applicants. All migrants
(except refugees) will need to be free of unspent
convictions when applying for settlement. Those
who are not, and have no other legitimate basis of
stay here, will be expected to leave the UK
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Комментарии
ILPA сегодня прислала E-mail по поводу изменений в Settlement:
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Dear all
We were already aware that the Government intends to publish on or around 16 March 2011 the measures for Tiers 1 and 2 of the Points Based System and on students also to come into force in early April. The Statement of intent on tier 2 suggests that changes will be made to settlement at that time. Elements of these, such as a new approach to criminality, would appear to affect ALL applicants for settlement, see below. It is not clear from what is written whether those who do not qualify for settlement because they have a criminal conviction will be able to obtain further limited leave, or whether they will, as the Statement says “be expected to leave the UK.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/reports/soi-tier2/tier2-soi-transitional-measures?view=Binary
It would be sensible for clients who are now eligible to apply for settlement, or who will become eligible between now and April to consider their position.
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