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HSMP & Studying in UK

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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daylebo5
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HSMP & Studying in UK

Post by daylebo5 » Mon Jan 28, 2008 1:41 pm

this is a very interesting forum with lots of useful info.. I just had one query relating to HSMP.

Assuming I do get HSMP (which according to new rules will be for 3 years) and travel to UK. Now assuming after 2 years of working I want to do some studies in UK for a year eg MBA. So,

1. Firstly can I study on an HSMP visa or is a student visa mandatory?
2. What would studying for a year affect my HSMP extension possibilities ?
3. Finally can this 1 year count to the five years i need for ILR ?

long story and multiple qts .. but hope someone can help me... Thanks...
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gordon
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Post by gordon » Mon Jan 28, 2008 2:50 pm

1) Yes, you can study while on HSMP and do not need to switch to a student visa.
2) If you need earnings points to qualify for the HSMP extension, then studying (rather than working) during the 15 months prior to submission of your extension application might affect your ability to accrue sufficient earnings points toward the threshold.
3) If you remain on HSMP for that study year, then it counts toward ILR.
AG
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daylebo5
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Post by daylebo5 » Tue Jan 29, 2008 8:22 am

hey gordon thanks for the reply... i just found another post where you'll were talking about a similar situation... http://www.immigrationboards.com/viewtopic.php?t=21684

So I just want to clarify...
If I do my studies in the 3rd year of my HSMP... I would have a problem with my FLR since I need to show earning in this year... (i.e. unlike the initial HSMP.. I can't show earnings in the earlier year and exempt the third year)

have i understood this right ??
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gordon
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Post by gordon » Tue Jan 29, 2008 8:41 am

That's it, exactly, since, as you've indicated, you'll need earnings points to qualify for an extension of leave, and studying during the allowed claimed earnings period prior to extension may inhibit your ability to garner sufficient earnings points to re-qualify.

For extension applications, there appears to be no exemption for full-time study, according to the current regs. This is not to say that this may not change with the new PBS, so you might want to keep your eyes peeled for possible changes that may, in the end, offer you more flexibility in that regard.
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kmehta
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Post by kmehta » Tue Jan 29, 2008 10:01 am

What about HSMP dependent? Whether they can study full/part time with/without scholarships in any university in UK?
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daylebo5
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Post by daylebo5 » Tue Jan 29, 2008 10:24 am

kmehta wrote:What about HSMP dependent? Whether they can study full/part time with/without scholarships in any university in UK?
it should'nt be a problem since an HSMP dependent can study or work in the UK....
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daylebo5
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Post by daylebo5 » Tue Jan 29, 2008 10:32 am

thanks again gordon ... but what about another way ...
Suppose i get hsmp (3 years) and then also get FLR (I assume this would be 2 year.. am i right ??)..

After getting FLR, I do one year of studying...
would there be an problems later.. i.e when applying for ILR ??

sorry :wink: about the other situation too.... just want to see what are the possible ways i can do an full time mba in uk...
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pantaiema
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Post by pantaiema » Tue Jan 29, 2008 6:49 pm

Yes they could study, work, doing business, etc.
Keep in mind it is the main applicant need to qualify, not dependant. Once themain applicant qualify the dependant just follow.
kmehta wrote:What about HSMP dependent? Whether they can study full/part time with/without scholarships in any university in UK?
Pantaiema
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pantaiema
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Post by pantaiema » Tue Jan 29, 2008 7:00 pm

daylebo5

Also, just be aware there is no guarantee that the rule is not going change. In the future. The new rule might come in the middle of your study which prohibits HSMP to use their LTR to study. The new rule might be applied retrospectively; in this case you might be in trouble.

Keep in main point of HSMP is UK economics interest. They will not get it if people on HSMP use their LTR to study.


daylebo5 wrote:hey gordon thanks for the reply... i just found another post where you'll were talking about a similar situation... http://www.immigrationboards.com/viewtopic.php?t=21684

So I just want to clarify...
If I do my studies in the 3rd year of my HSMP... I would have a problem with my FLR since I need to show earning in this year... (i.e. unlike the initial HSMP.. I can't show earnings in the earlier year and exempt the third year)

have i understood this right ??
Pantaiema
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gordon
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Post by gordon » Tue Jan 29, 2008 9:27 pm

What evidence might be offered to suggest that a new introduction of an explicit ban on study would even be a possibility under HSMP/Tier 1 ?
pantaiema wrote:Also, just be aware there is no guarantee that the rule is not going change. In the future. The new rule might come in the middle of your study which prohibits HSMP to use their LTR to study. The new rule might be applied retrospectively; in this case you might be in trouble.

Keep in main point of HSMP is UK economics interest. They will not get it if people on HSMP use their LTR to study.
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daylebo5
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Post by daylebo5 » Thu Jan 31, 2008 5:50 am

I don't think there is any info to expect an explicit ban.. but since HSMP is in 'UK economics interest'... pantaiema is assuming that they will ban it if they find too many people studying on HSMP...
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pantaiema
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Post by pantaiema » Thu Jan 31, 2008 1:46 pm

daylebo5

Theat is true.

The HSMPwere not explicitly intended to be used as a student visa. They want people to pay a huge amount of taxes, NI contribution, etc. That is why it is called HSMP. What do they get if people use it for full time study?
Also, for study there is already student Visa available for this.

At the moment, they do not take measure for this (I believe) because there have not been too many people are doing this. But things might change in the future if the number of people are significant.

Just imagine what you were going to do if you were the people who designed HMSP and you know there are a loophole where many people use it to study ??.

We have learnt from the past, they might change the rule without given people reasonable time to prepare. This is just a possibility.

At the moment, it is true, people could use HSMP LTR to study, personally know a person who have done this.
daylebo5 wrote:I don't think there is any info to expect an explicit ban.. but since HSMP is in 'UK economics interest'... pantaiema is assuming that they will ban it if they find too many people studying on HSMP...
Pantaiema
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daylebo5
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Post by daylebo5 » Sun Feb 03, 2008 6:32 am

pantaiema wrote:daylebo5

At the moment, it is true, people could use HSMP LTR to study, personally know a person who have done this.
So I assume currently there a loophole and there should no prob (with the current rules) for studying after FLR...

Further.. I a confusion... with the new HSMP rules you get a 3 years and then you apply for FLR which is for 2 years... assuming you travel initally to UK 6 months after getting EC stamp... thus after your FLR expires you would have 4 1/2 years in UK and you still won't be able to apply for ILR.. what happens in this situation ?
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herts
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Post by herts » Sun Feb 03, 2008 8:58 am

Hello friends,
I have taken up a six month course in a college, evening course once a week. The college considered me a local student as I have been here for more than 3 years and paying fees that a local student would pay. I was just wondering would that be allright with my ILR application next year.
I suppose that is not considered a public fund if I am paying loacal fees.
Please advise.
Thanks
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pantaiema
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Post by pantaiema » Mon Feb 04, 2008 6:51 pm

The fact that you pay home feee is not under defintion of public fund.

I do not know what do you mean with "be allright with my ILR application next year ". I believe you aware , to get, ILR for I student (currently) you need to reside for at least 10 years (without gap). It will probably change when the new tier is introduced in March this year.
herts wrote:Hello friends,
I have taken up a six month course in a college, evening course once a week. The college considered me a local student as I have been here for more than 3 years and paying fees that a local student would pay. I was just wondering would that be allright with my ILR application next year.
I suppose that is not considered a public fund if I am paying loacal fees.
Please advise.
Thanks
Pantaiema
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