HSMP ot Tier 1?

[thirdwave]

I understand that the HO is proposing to replace HSMP with Tier 1 under the new point based system due to be introduced in 01/2008. Given the fact that Tier 1 would qualify for ILR after the initial 2 year period under the new system, would in not make sense for someone who qualifies for HSMP now to wait for a couple of months & apply under the PBS? What would be the status of current HSMP holders under the new system?Would they qualify for ILR, without having to apply for a further extension after the first 2 years? What was the rationale behind the changes to ILR rules for HSMP holders last year, when the HO is infact going back on its position by shortening the qualifying period from next year?

Also, I`ve heard that the long stay route for ILR would be abolished from 01/2008 as unskilled/students etc would not qualify for ILR hereafter. What happens to people who are just about to meet the residence requirements under the 10 year rule? Would there be a grace period for such applicants? I personally know of a few people who would qualify for ILR next year & it would be unfair if they are not allowed to apply just because of these changes in the rules in the 11th hour. Most of them would have qualified for HSMP when it was first introduced but had chosen to remain on their existing visas (permit free training) as, unlike the HSMP, those were issued free of charge. They were forced to switch to HSMP following the scrapping of PFT last year but it means that they have to wait for years to get ILR, unless the 10 year rule is left unchanged.

[avjones]

The general rule is that people do not have a right to the form of the Immigration Rules other than at the time of the application.

There may be arguments based on legitimate expectation in particular cases, however.

[iceman010899]

Where have you heard that the long residence rule will be abolished next year ? Is this a rumour ? Or do u have some sort of written proof ?

[thirdwave]

Where have you heard that the long residence rule will be abolished next year ? Is this a rumour ? Or do u have some sort of written proof ?

http://www.tier12345.co.uk/tier4.html

Check out tier 3 & tier 4 of the PBS.

However I`ve just realised that tier 3 & 4 would not be implemented in January next year so applicants under the 10 year rule might be safe until later on in the year..

[VictoriaS]

Given the fact that Tier 1 would qualify for ILR after the initial 2 year period ...

Really? And your source is?

Everything on that website is either based on the current system or is a bit of a guess. No final details have been released.

Victoria

[Siggi]

Victoria,
Yes I would say that the info on that site (UKvisa) is more than a little suspect and I would not believe anything in it until April 08.