Switching from WHM to Tier1 within UK

[tommyben]

Hi,

I've read conflicting information regarding this.

Is there any definite information about whether an individual on a working holiday maker can switch into the Tier 1 from March 1 within the UK?

Also I work under an Umbrella company scenario would I be classed as an Independant Contractor or Self Employed?

Regards,

Ben

[Markie]

Hi ...based on the statement of intent for TIER 1 and I quote: People with leave as Working Holidaymakers, or to take the PLAB test or on Clinical Attachment will not be able to switch into any Highly Skilled subcategory... end of quote.

Hi,

I've read conflicting information regarding this.

Is there any definite information about whether an individual on a working holiday maker can switch into the Tier 1 from March 1 within the UK?

Regards,

Ben

[tommyben]

Thanks.

I have just a few more questions, my passport expires Aug 2009. My understanding is to be considered for HSMP a passport has to be valid at least 6 months from application.

I wish to submit an application next week so that I'm assessed under the HSMP rules so as to not return back to Australia to submit for Tier 1.

Qtn 1: If the HSMP is approved and they stamp my current passport, what happens when I renew my Australian passport after HSMP approval / stamp. Do I have to go through the entire HSMP application again (i.e. pay all the fees) to get a stamp on my new passport after cancelling the old one?

Qtn 2: I arrived and started working in the UK from end of July last year to present - almost 7 months by the time I submit application. I have not quite met the band of £23K for 20 points but if I use previous earnings of my Australian income say for the period March 07 - June 07 I will meet this. My problem is because the tax year ends April I have not received my first P60. Will it still be okay to submit wage slips that show proof of PAYE taxes paid without the P60?

Qtn 3: I also work under an Umbrella company situation - does that class me as independent contractor or self employed?

[Markie]

Hi tommyben...pointers on your questions....

Thanks.

I have just a few more questions, my passport expires Aug 2009. My understanding is to be considered for HSMP a passport has to be valid at least 6 months from application.

I wish to submit an application next week so that I'm assessed under the HSMP rules so as to not return back to Australia to submit for Tier 1.

Qtn 1: If the HSMP is approved and they stamp my current passport, what happens when I renew my Australian passport after HSMP approval / stamp. Do I have to go through the entire HSMP application again (i.e. pay all the fees) to get a stamp on my new passport after cancelling the old one? there is no need to transfer the stamp to your sticker. Just bring it along always with the new one. You can transfer it but it will cost you again a few more £££

Qtn 2: I arrived and started working in the UK from end of July last year to present - almost 7 months by the time I submit application. I have not quite met the band of £23K for 20 points but if I use previous earnings of my Australian income say for the period March 07 - June 07 I will meet this. My problem is because the tax year ends April I have not received my first P60. Will it still be okay to submit wage slips that show proof of PAYE taxes paid without the P60? You will a need a second proof for your earnings. Bank statements will do and/or a letter from your company stating your YTD earnings (if ok for them to issue such letter). Also you may tick the box with extra ordinary case so you can explain further that you do not have your P60.

Qtn 3: I also work under an Umbrella company situation - does that class me as independent contractor or self employed?
It's a bit tricky...you can solicit other feedback on this one...

[tommyben]

Thanks Markie

Re: Point 3, I work for a client on a contract basis through a finance agency - Marks Sattin. I submit my timesheets to my client who then approve to my agency. My umbrella company invoices the agency and the umbrella company does all the payroll and pays me. There are no dividends involved like the limited company scenario. I've read those that work through a limited company are classed as self employed, is the umbrella company setup the same or am I assessed as independent contractor?

Regarding The letter from employer stating YTD earnings should I get that from my client or agency or umbrella company? My Payslip from my umbrella company shows YTD earnings. Would this be acceptable. I have a document from my agency which shows the contract length and rate per hr only. Would I need to get YTD earnings from both agency & client?

Also re point 2. instead of using combined Australian income for first 5 months it would be easier to pro-rata my UK income of 7months to 12 months wouldn't it? for example say I;ve earnt £18K for the past 7 months in UK can I pro rata this out to 12 months to show that it would equate to £30K? Is that acceptable. (I'm assuming to be considered for pro rata I will still have to submit Australian tax return ending July 07 plus Australian wage slips??)

I'm hoping there is no issue not having a P60 yet! I will declare in exceptional circumstance as you suggested. Thanks

[tommyben]

I've just got off the phone with a person at the border & immigration agency.

He spoke with the Further to leave remain department.

From 1st March, Working holiday makers will still be able to switch into the Tier 1 from within the UK. That is good news.

[moose]

That's amazingly good news, though I remain sceptical until we see the new documentation etc.

My situation is very similar to yours (though I'm not contracting), and I had hoped to apply under HSMP before Tier 1 began using Australian income but won't be able to get the relevant documentation together in time...

[neelish]

I've just got off the phone with a person at the border & immigration agency.

He spoke with the Further to leave remain department.

From 1st March, Working holiday makers will still be able to switch into the Tier 1 from within the UK. That is good news.

Hi this is pretty good news - I am a NZer and I will be cutting in fine to earn the correct amounts before the end of Feb - I would have only worked 9.5 months by that stage. I was all set up to get the HSMP until they changed the rules..

[tommyben]

Also found out that Working Holidays Makers cannot apply for their further leave to remain until they've been in the UK for a minimum of 12 months. WHM can apply for the HSMP/Tier 1 but won't be able to get the FLR until 12 months has elapsed

[tommyben]

Still no definite information out there regarding this which is very frustrating

TNT's magazine issue 1277 Feb 18 on page 81 had an article today which stated:

"Big changes are on the way for people appying to live and work in the UK. Anyone in the UK on a working holidaymaker visa who wants to switch to a highly skilled visa will have to leave the UK to do so from February 29...the application will not be able to be lodged in the UK and the visa will have to be approved abroad before the holder can enter the UK on that visa..."

I rang the Border & Immigration agency and received two different opinions. One said yes WHM can switch within UK from Feb 29 another official said no WHM residing in UK wanting to switch to Tier 1 must apply from outside UK . Seems like no one has any idea what's going on.

[neelish]

Well that is just typical of how efficient things are here in the UK isn't it.

I was surprised to see that WHM can't apply for HSMP until they have been here 12 months??? If so I am stuffed as 12 months will be March 14th 2008 for me.

[tommyben]

An Article on Tier 1 Switching

http://www.voyagerelocations.com/Text/1 ... 2276-8132/

Not the news we want to hear...

[tommyben]

And another article..

http:// www. Named OISC advisers.com/ uk_immigration/ tier_1_visa___general.html

at the bottom of the page...

"Switching into tier 1 will also be permitted for qualifying tier 2 or tier 4 students however, tier 1 will not be accessible from tier 3, tier 5 or from candidates present in the UK on a working holidaymaker visa."

This is really disappointing, don't understand the rationale. Significant inconvenience for people holding WHM visas, employers and the like...

[ EDIT: by Admin.

Sorry. Broke the link. Folks ... just copy the link into a web browser & remove the extra spaces.

This is a hostile competitor. I'm happy to leave the resource in place for people who need it, but we draw the line at helping them with their google ranking by leaving a functioning click-through link.

Without going into the whole story .., relations with this organization revolve around our copyrighted content being 'borrowed' without permission in the past. Among 'other' issues.

]

[jacko_]

I'm dubious in believing anything reported by companies that have a vested interests in the changes
ie. those that provide Visa Application Services(ie. FirstContact, Voyage, TNT etc)

Has anyone spoken to B&I in the last few days? What is their most recent opinion on whether WHM must leave the country to switch to Tier 1 after Feb 29th?

[tommyben]

I called the border & immigration agency today. The statement of intent is what the government intends to do and it is more than probable that WHM will have to return to origin of country with the new rules.

If you have submitted your HSMP and awaiting an approval letter the recommendation is to submit the FLR application with your passport before the 28th February otherwise you will be assessed under the new rules and will have to return to origin of country.

If you have not submitted your HSMP and want to switch within the UK before the new rules take place I strongly recommend submitting both the HSMP/FLR forms before the 28th Feb.

[Jayray]

Hi, dont know if this is relevant now, as the last post was before 28 Feb. Got some info from a couple of different consultants. The latest HSMP criteria to be phased out by summer in UK for the rest of the world after India, states that initial application can be done in UK for those in the UK. Its the Entry Clearance, where the passport is stamped, that has to be done overseas. You have up to 6 mths once initial HSMP application is approved. This would explain why in country UK switching (the EC part)is no longer allowed, as the passport stamped is done overseas. WHen in summer, June/July/Aug, no one has a clue when it will take place for Aus, NZ, SA etc before Tier 1 comes into effect. If someone has a different opinion please post. Hope thats clear.

TommyBen, Im under an Umbrella Company as well. Im under GIANT, and they are able to sign and stamp my payslips (which are printed online), and write a reference letter detailing my gross salary, NI, tax paid. However they will be issuing P60 end of May, which is way to close to summer and am not taking chances. I intend to apply at end of March.

Under GIANT policies and HMRC status, Im their employee. NOT contractor or self employed. U should read up on MarK Sattin/Payroll company and see what employment status you are. Hope this helps.

Thanks for the tip Markie about ticking exceptional consideration regarding P60. I can definitely provide alternative documentation - bank statements and letter from GIant.

[tarquin2008]

I am in the same situation (Australian on WHM, currently employed but the 12month working allowance ends in April so I want to apply for the HSMP).

I have just received this official response from a Customer Service Advisor at the Work Permits Customer Contact Centre (Border and Immigration Agency):


Working Holidaymakers are no longer entitled to switch to the Highly Skilled Migrant Programme within the UK. However, those who have current leave to remain under the Working Holidaymaker scheme and wish to switch to the HSMP are entitled to submit their initial HSMP applications from inside the UK.

If this application is then approved the applicant will then be required to return to their home country with their approval letter in order to make an application for UK Entry Clearance.


So I plan to apply for the HSMP as soon as I have earned the 23k (end of March) and will then have to go out to Australia to get the entry clearance part sorted as soon as I get the approval letter...... that's as long as they don't change the rules again before then.

[lilylily]

Jayray:

I'm also working under Giant, and am getting a bit stressed about applying for my HSMP for a number of reasons. I can only work for 2 more months on my WHM so need to apply soon, and couldn't get any straight answers prior to when the changes came in, and still can't.

The main issue I have is that I only just scrape in with earnings based on what I thought I was "earning", but when I finally managed to decipher my payslip from Giant, my gross earnings are a lot less than my contract earnings (I believe they do this to reduce the tax and NI) therefore I think that my application would be rejected if I sent it in. Giant have assured me that "heaps of their staff/contractors apply for the HSMP and have no issues", however of course I'm wary of just accepting this advice. I've also just read a clause on their site that states "if you are asked to provide copies of your payslip to any official body you should only include the statutory payslip from the top of the page". But if I do this it shows a gross rate a lot less than the contracted rate which is only reflected in the bottom part.

I've also received some advice from B&I different to others on this board, that I could apply for HSMP while still in the UK by simply specifying my Australian contact address, then when I receive (if at all) the approval letter, just go home for the entry clearance part. They also told me that if you won't have a P60 to submit then it should be fine to do bank statements as well as payslips.

In answer to someone else's question, I believe I would be deemed an employee of Giant (umbrella co), but maybe people should get this advice directly from their umbrella company.

Would appreciate some feedback if anybody's been in a similar situation with umbrella companies and how B&I calculate your earnings points.

[nate922]

lily:

when you're saying "australian address" - does that mean that Home office will send your letter to your aussie address rather than your uk?

Cheers.

[lilylily]

Nate:

Yeh, that's what I understood. Fortunately I can use my mum's address, and I can just ask her to open my mail to let me know when it's arrived. I'd have to go home to get the entry clearance anyway, so I can just get the approval letter then.

[Jayray]

Latest news and its SHOCKING!!! Been on to other similar forums, and apparently Home Office has decided that you CANNOT apply initially for existing HSMP anymore. Meaning you PHYSICALLY HAVE TO BE OUTSIDE THE UK and cant just put an Australian address. Reasoning is that the EC is done overseas, might as well make the whole process to be done overseas. So previous advice about initial application in UK, then EC overseas - may no longer be valid. This is utter bulls*** and defies any common sense. Brown is running this country into the ground!

If someone else hears anything please post, because this affects lots of us on WHV. I'll check out the latest updates from the other forums.

[ktnphgmal]

Hi all,

I am also on the same boat as I am on dependent visa which does not allow me to switch to Tier 1 in UK.

I engaged a solicitor for my application. He asked BIA and BIA replied that they will be able to come back to him on Monday.

Jayray, may I know from which forum you knew about the shocking news that it was confirmed that all 'other' categories i.e. WHV holder or etc have to go home to make the intial application?

Please let me know. Thanks.

[Jayray]

Hi Tommy Ben,

Heres the link, have to register as a member just like this board. Thats all the latest I got from now, but things still up in the air.

http://www.ukresident.com/forums/index. ... 5&start=75

[griff1044]

Hi,

I'm in a very frustrating situation as I applied for HSMP on 08 Feb but did not send in my leave to remain application as I had a flight booked back to my home country Canada for a two week trip and needed my passport. My intention was to apply for leave to remain when I got back to the UK and received my HSMP approval letter, to ensure I was not paying both application fees if the first was rejected. After arriving back in London I learnt about the new rules and am now told I have to go back to Canada to apply for entry clearance. I suppose I should have been more informed as you all seem to have been aware of the up and coming changes. Not only did I have to pay the 400 pound HSMP application fee but now I have to buy another plane ticket home, and pay whatever processing fee they require. And I cannot find any information online as to the application process for entry clearance in Canada. Anyone else in a similar predicament?

Cheers!

Griff

[jacko_]

Anyone have any experience with this since the new rules have come into effect? I'm looking at applying in the next few weeks and am unsure whether I need to return home just for Entry Clearance, or for the entire application?