possible rules for Teir 1 applicants to bring family members

[Administrator]

.


I'd like to get this information out for people to be aware of.


FIRST: people, please PLEASE understand that this information is NOT finalized! It is the best guess at what SEEMS to be likely policy, or what the policy will be similar to, in the coming weeks/months.

I am only providing it here as a basis to investigate and to monitor developments as finalized announcements become the new policies.


That said,

From some private emails received from professionals in the immigration community in the UK, the following ESTIMATES for changes SEEM to be coming during March / by the beginning of April:

• a would-be highly skilled migrant "needs" to have "cash up-front" (assets) to bring family members

• these assets are intended to "prove the ability" to support themself, plus dependants

• the Home Office is using "salary bands" for countries of origin to scale points for salary

• for a rough estimate, in some cases a family of 4 or 5 may be asked asked to put up what the Home Office deems to be "the equivalent" of £80,000

the Admin

[sunny9675]

probabily / 99 % you are correct

[Administrator]

.

Thus the reason I posted it. As the Admin & a representative of workpermit.com, I do have to be careful with my exact wording.

Since the Home Office hasn't published this, exactly and clearly as I have presented it, it has been inferred from their publications combined with private correspondences. I emphasize, by people other than myself .. but people who I trust and who I know are in direct contact with HO officials.

This may not be the exact picture ... but it looks to be quite close.

the Admin

[Arif]

Hmm...thats probably whats going to happen. Makes sense what u have said. However, I did not understand the salary band thing. When u say the equivalent of £80,000, does this mean I find out what £80,000 corresponds to using the earnings calculator? For e.g earning of £40,000 = 45 points in the UK. For a Band D country, £7500 = 45 points. So, by analogy, £40,000=£7500 (Band D Country) and therefore £80,000=£15000.

And hence, in the given situation, to bring in 4-5 dependants, a potential HSMP candidate from a Band D country needs to have £15,000 in the kitty.

Just to make it clear that this is all speculation. But am I correct in the speculating example, administrator?

[gainvidya]

I am not quite sure what the administrator meant for that last statement about £80000

[flanker]

From some private emails received from professionals in the immigration community in the UK, the following ESTIMATES for changes SEEM to be coming during March / by the beginning of April:

• a would-be highly skilled migrant "needs" to have "cash up-front" (assets) to bring family members

• these assets are intended to "prove the ability" to support themself, plus dependants

• the Home Office is using "salary bands" for countries of origin to scale points for salary

• for a rough estimate, in some cases a family of 4 or 5 may be asked asked to put up what the Home Office deems to be "the equivalent" of £80,000

This is inconsistent with the proposed changes in HC321:


Appendix E:

A sufficient level of funds must be available to an applicant applying as the Partner or Child of a
Tier 1 (General)Migrant. A sufficient level of funds will only be available if the requirements below
are met.
(a) Where the Tier 1 (General) Migrant to whom the application is connected is outside the
UK, or has been in the UK for a period of less than 12 months, there must be £1,600 in
funds.
(b) Where the Tier 1 (General) Migrant to whom the application is connected has been in the
UK for a period of 12 months or more, there must be £533 in funds.
(c) Where the applicant is applying as the Partner of a Tier 1 (General) Migrant, the relevant
amount of funds must be available to either the applicant or the Tier 1 (General) Migrant.
(d) Where the applicant is applying as the Child of a Tier 1 (General) Migrant, the relevant
amount of funds must be available to the applicant, the Tier 1 (General) Migrant, or the
applicant’s other parent who is Lawfully present in the UK or being granted entry
clearance, or leave to enter or remain, at the same time.
(e) Where the Tier 1 (General)Migrant is applying for entry clearance or leave to remain at the
same time as the applicant, the amount of funds available to the applicant must be in
addition to the level of funds required separately of the Tier 1 (General) Migrant.
(f) The applicant must provide the specified documents.â€

[Arif]

Flanker, can you please post a link to this document?

[flanker]

Flanker, can you please post a link to this document?

Here you go.....

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary


Also note paragraph 55 of the proposed changes for funds required for the migrant himself/herself: £2800 for entry clearance and £800 for leave to remain.

This will come into effect 29 Feb 2008 for those already in the UK and 1 April for those from India. Ppl from other countries will still be assesed under the existing HSMP until around summer.

[EdgeHillMole]

Can't help wondering if that £80K change will be applied "retrospectively" ("Retrospectively" = Anyone already in the UK under HSMP at the time of any HSMP extensions)

Not that it affects me - I came here by myself, no dependents. I've never even used the free education or NHS here.

[gainvidya]

Can't help wondering if that £80K change will be applied "retrospectively" ("Retrospectively" = Anyone already in the UK under HSMP at the time of any HSMP extensions)

Not that it affects me - I came here by myself, no dependents. I've never even used the free education or NHS here.

Although I dont see much use of NHS but no reason why cant we use it (at least in theory), we pay national insurance and income tax as any citizens do.

[EdgeHillMole]

Although I dont see much use of NHS but no reason why cant we use it (at least in theory), we pay national insurance and income tax as any citizens do.

Aye.

But when I stand in front of the Tribunal Court and the Home Office on my Day of Judgement, I want to be able to honestly say I always paid all my taxes, including Council, I broke no laws, I didn't use any of the UK's free medical or education services, didn't bring anyone into the country, I paid all bills on time, had money left over for savings at the end of each month, never used public funds, and was gainfully employed during the entire 4 3/4 years I've been here (With constant rises, promotions, and praise).

I can't ask for anything more than that.

[gordon]

Is the demonstration of assets for dependants meant to be a new and separate qualifying category, distinct from liquid funds for the transition at entry clearance ?

Is the argument, in effect, that two men each earning, say, £40,000 per annum (or its equivalent), should be considered materially differently if the first comes with no dependants while the second has, e.g., a wife and four children ? From a policy perspective, I wonder, perhaps cynically, whether this is meant as a way of filtering out migrant families who might be viewed as making demands on the socioeconomic infrastructure to a greater extent, relative to their perceived contribution.

AG

[flanker]

I am rather perplexed by most of the posts on this thread.

The Home Office has officially announced that HC321 will come into effect on 29 Feb 2008. And HC321 explicitly says you need £1600 per dependent if you have been here for less than 12 months and £533 if you have been here for more than that.

HC321 is pretty much in line their statement of intent published in Dec 2007.

People seemed convinced that the '£80k-rule' will be introduced in march/april, even though the Home Office have officially announce HC321. Am I missing something here?

[gordon]

You'll remember that before HC321, the immigration rules never specified what HSMP migrants needed to have in available funds (for short-term maintenance), and seemed to leave this largely to ECOs' discretion. Likewise, the fact that these further requirements (referring to long-term viability) may be absent from HC321 and the earlier SoI, does not preclude their being incorporated into ECOs' practice, quite apart from the short-term maintenance funds requirements explicitly laid out in HC321.
AG

[flanker]

Likewise, the fact that these further requirements (referring to long-term viability) may be absent from HC321 and the earlier SoI, does not preclude their being incorporated into ECOs' practice, quite apart from the short-term maintenance funds requirements explicitly laid out in HC321.
AG

Must admit i never realised there was an additional 'long-term viability' as well for EC (which i assume means "Entry Clearance")

What, then, is the point of specifying the funds in HC321 when the long-term viability fund is going to be so much larger than the £1600 specified in HC321? And it is going to be damn confusing as well.

Difficult to believe the Home Office has not thought about that.

[gordon]

The assessment of whether migrants were able to support themselves without recourse to public funds was always in ECOs' remit. The emphasis in the past was on short-term viability; the long-term viability was implicit and arguably secondary, perhaps until now. Now that HC321 has laid out requirements for short-term viability, perhaps they are now considering a pilot to evaluate long-term viability in practice, with a view to include such means in the immigration rules further down the line ?

I imagine that the HO have given this some thought; I just can't work out what's driving it. Have they gotten HSMP migrants who are claiming public funds after getting ILR, and seek to select out migrants fitting that profile before they get here ?

AG

[flanker]

HSMP participants have no access to public funds, so why should the government be concerned. With ID cards coming in, it's going to be much easier to make sure that they don't touch public funds. Any attempts to access public funds is a violation of their stay, hence issue them with deportation order straight away, problem solved.

Forcing ppl to show that they have a stash of cash in the bank has no practical meaning, as they only need to prove they have that amount of money during the application.

Highly-skilled people are generally well-educated, well-paid individuals who could earn a decent income anywhere in the world (hence the qualification and previous earning points being the most important criteria). The purpose of HSMP and Tier-1 is to attract those well-educated individuals to the UK. Whether you have £10 or £1million in the bank is irrelavant - You have no access to public funds! If you are unable to sustain yourself, then you will be forced by your own circumstances to leave the UK.