Today:changes to the system managing highly-skilled migrants

[hsmp2010]

ex123

As u have mentioned that u also read in BBC statement of intent that settlement can be after 2 years. can u plz tell us page no of this pdf document where u read this sentence.

[SYH]

ex123

As u have mentioned that u also read in BBC statement of intent that settlement can be after 2 years. can u plz tell us page no of this pdf document where u read this sentence.

No it probably says or means 2 year is the term of the first leave, it is not the number of years for settlement
but common sense using current events will tell you that if they changed it last year from 4 to 5, and people are going to court due to the change, then it certainly isnt' whittled down to 2.

[smiley82]

I think he is referring to the BBC link that I posted, not the actual statement of Intent.

[hsmp2010]

I think new system is good because

1. It will take account for people who have applied before point based extension system although they have to show 75 marks
2. it will take account same age marks when applied for initial approval
3. letter from university for english
4. transitional arrangements r still there.

I dont know if i get initial leave for 2 years now after system will they give me subsequent leave of 2 years ?
this is bad thing

[gordon]

The SoI makes three points that I found particularly interesting:
- initial leave will in fact be three years, rather two, which strikes me as very practical (para 22)
- the MBA provision has been eliminated, which is no great surprise (p10)
- there's mention of a new provision to amalgamate HSMP time with WP time if one applies for settlement from WP (tier 2) (p17), which neatly avoids resetting of the ILR clock for those who go from HSMP to WP (if I read the statement correctly).

I'm not sure where the BBC got that line about settlement after two years; I couldn't find anything about it in the SoI.

AG

[VictoriaS]

I'm reading it as you can't switch from Tier 1 to Tier 2 (WP), but the table seems contradictory.

Victoria

[VictoriaS]

The have also clarified the funds needed. Clarification is a good thing, but funds needed for someone coming on their own will be:

£400 start up costs plus £800 per months subsistance, available for at least 3 months at the time of application = £2800

Plus more for dependents - £534 per month for the first dependent, £267 per month for each following dependent.

(this is different for those switching in country from another category)

Victoria

[gordon]

I thought those in tier 1 were permitted to switch (at least according to the table on p16) into any other sub-category of tier 1, or into tier 2 (WP), which didn't seem inconsistent with the transitional-arrangements table on p17. Or have I missed something ?

I'm reading it as you can't switch from Tier 1 to Tier 2 (WP), but the table seems contradictory.

Victoria

[hsmp2010]

and ofcourse u dont need to show these funds finqures already in UK applying for extension.

[hsmppune]

Hi All,

This question might put a lot of minds to rest.

I got approval in November, and am planning to apply for EC in December end.

Does this change mean I will be granted an initial visa for 3 years and then I will have to apply 2 years extension and later ILR?

Looking forward to guidance.

Regards
hsmppune

[suresh-hsmp]

Intresting point --- only single application --does that mean no EC for out of country ?????

14. There will be a single application process,
whether in or outside the UK. There will also be
a single application fee for principal applicants.
We will set fees for the points system by
balancing the need to recover the full cost of
providing our services while maintaining the
global competitiveness of the UK.

[VictoriaS]

Ah, no, you are right, you CAN switch to tier 2. Mea culpa.

Question - can you switch to PSW, as in one box it says you can, but in another it says you can't? That's the inconsistency.

Victoria

(NB REALLY useful thread. It's great swapping thoughts so early on in the process.)

[VictoriaS]

Intresting point --- only single application --does that mean no EC for out of country ?????

14. There will be a single application process,
whether in or outside the UK. There will also be
a single application fee for principal applicants.
We will set fees for the points system by
balancing the need to recover the full cost of
providing our services while maintaining the
global competitiveness of the UK.

That's my main problem...assessments will be made by ECO's in the country of application.


Victoria

[hsmp2010]

I think now there is no need for EC under new system because u have to show passing marks in maintenance funds which was the primary concern for ECO. Now this has been covered by Tier1.
So what will ECO asses? nothing

So I think HO will directly grant biometric visas to applicants. no need of EC

[Hiro]

Ofcourse EC is still there but the two stage system (stage 1 for the 6 months HSMP approval letter and stage 2 for the visa) will be removed which is brilliant. I always thought the two stage system was a complete rip off. However, no appeal for refused EC...

Intresting point --- only single application --does that mean no EC for out of country ?????

14. There will be a single application process,
whether in or outside the UK. There will also be
a single application fee for principal applicants.
We will set fees for the points system by
balancing the need to recover the full cost of
providing our services while maintaining the
global competitiveness of the UK.

[SYH]

The have also clarified the funds needed. Clarification is a good thing, but funds needed for someone coming on their own will be:

£400 start up costs plus £800 per months subsistance, available for at least 3 months at the time of application = £2800

Plus more for dependents - £534 per month for the first dependent, £267 per month for each following dependent.

(this is different for those switching in country from another category)

Victoria

I think that is important that they give a figure they are looking for, I know I came up with half that amount as my estimate for London. i wasnt wrong because I had friends for accommodtions which is where the bulk of the cost will go anyway. However I think the figure they have come up with is correct to live on for LONDON if it was for the Dorset region, you would need less

[VictoriaS]

Okay, it is not a case of NO entry clearance, it is a case that the whole points+ EC requirements are assesed in one, so only one application, only one payment, only one person deciding on it all.

With regard to finances, I agree that it is good it is clarified, but it is a lot of money, especially for people from developing countries.

With regard to appeal rights, there are none from overseas, but there is still administrative review, which in-country applicants won't have, as they will still have the right of appeal, but as is now, with no further documents sent.

WRT language, GCSE grade C english seems to be grade 6.0 IELTS, so not bad at all.

Victoria

[VictoriaS]

The switching table on p16 is clearer than the one at the front. transitional arrangements are also outlined there. And it looks as though the current transitional arrangements will continue.

And yes, it looks as though they will now count all HSMP to WP time as being towards settlement. Wow! (tentatively)

Victoria

[hsmp2010]

so what do u think ppl applying for extension will now b granted for 2 years instead of 3 yrs

[Hiro]

The elimination of the two stage system (with the introduction of the one system) means that EC from some countries will now take much longer because they will have to verify to the letter all documents submitted and its now a matter of luck that the EC officer is in a good mood if all your paperwork checks out. If you qualify, I suggest you do it now and not later (if you are putting all your hopes on a 3 year instead of a 2 year VISA which is really a minor issue).

The new system also means that immigration consultants have now lost half their business and revenue streams...

Okay, it is not a case of NO entry clearance, it is a case that the whole points+ EC requirements are assesed in one, so only one application, only one payment, only one person deciding on it all.

With regard to finances, I agree that it is good it is clarified, but it is a lot of money, especially for people from developing countries.

With regard to appeal rights, there are none from overseas, but there is still administrative review, which in-country applicants won't have, as they will still have the right of appeal, but as is now, with no further documents sent.

WRT language, GCSE grade C english seems to be grade 6.0 IELTS, so not bad at all.

Victoria

[raviktiwari]

Hi All,

I think we should avoid these legal jargons and get to the crux of this new change. So I am repeating the question that HSMP-Pune asked:

If I got my approval in November and I apply for my EC in December end, will this change mean I will be granted an initial visa for 3 years and then I will have to apply 2 years extension and then the ILR?

My understadning is that after 1 yr. of ILR, I can get the citizenship. So overall time that I need before I ask for Britich citizenship will be 6 yrs. Right?

Looking forward for a quick response.

Regards
Ravi

[Hiro]

Ravi, the changes have just been announced and we are all checking the documents and news. If you are inpatient, I suggest you contact the people who made these changes and call the Home Office directly. Maybe they will help you with an immediate answer.

Hi All,

I think we should avoid these legal jargons and get to the crux of this new change. So I am repeating the question that HSMP-Pune asked:

If I got my approval in November and I apply for my EC in December end., will this change mean I will be granted an initial visa for 3 years and then I will have to apply 2 years extension and then the ILR?

Looking forward for a quick response.

Regards
Ravi

[Edelweiss]

Are all these changes/rules definite or is this another Statement of Intent which could change again before it is implimented?

Mention was made of the fact that there will be a one step application. Does this mean that original documents will no longer need to be sent from overseas countries to the UK and then hope they get sent back to a correct address - which doesn't always happen?

Where is this information (that you are quoting from) published?

Thanks all for your input on this

[SYH]

With regard to finances, I agree that it is good it is clarified, but it is a lot of money, especially for people from developing countries.

Better they know upfront before they apply and waste their money and cry foul that the HO is playing favourites

[gordon]

Question - can you switch to PSW, as in one box it says you can, but in another it says you can't? That's the inconsistency.

I've gotten tripped up on the annex A table, which suggests that one can't go from highly skilled to PSW in the top row (receiving categories), and then says that highly skilled categories can be source categories for PSW in the bottom row.

But then the switching table on p16 suggests to me that PSW can go into tier 1 sub-categories, tier 2, and tier 4; but that those already in tier 1 can't switch into PSW.

So I'm not sure where that leaves us.

And re the language, while GCSE grade C might be equivalent to IELTS 6.0, that seems inconsistent with the CEFR C1, which Cambridge ESOL suggested was equivalent to IELTS 6.5 or 7.0 (while IELTS 6.0 actually fell into CEFR B2, which in Nov07 had been proposed as the requirement for tier 2).

AG