Tier1 or HSMP? (Updated)

rajesh9pl · Post by **rajesh9pl** » Fri Apr 25, 2008 4:11 pm

Hi there,

Indian passport holder working in France since Oct 07 and would be applying HSMP/Teir1 soon. Can someone confirm If I am eligible for Tier1 or HSMP.

You can only apply for Tier 1 (General) - highly skilled worker now if you are:

in the United Kingdom and want to make an initial application for the Tier 1 (General) - highly skilled worker category;

already in the United Kingdom under Tier 1 (General) - highly skilled worker and want to extend your permission to stay within your existing category;

already in the United Kingdom under the Highly Skilled Migrant Programme, want to extend your permission to stay and are eligible to switch into Tier 1.

applying in India for permission to enter the United Kingdom (known as 'entry clearance') in the Tier 1 (General) - highly skilled worker category.

Last point indicates I will fall into Tier1 category as I will have to apply for EC in India. Correct?

Thanks.[/b]

hsmpinuk70 · Post by **hsmpinuk70** » Sat Apr 26, 2008 3:33 am

Depends on whether you apply from France or India !! If from France, you can still apply for HSMP before UK HO decides to close the scheme in France and introduce Tier 1 instead. You cannot apply for HSMP from India anymore - you will have to apply for Tier 1.

Whether you can (or cannot) apply for HSMP from France will depend on your French visa.

regards

rajesh9pl · Post by **rajesh9pl** » Mon Apr 28, 2008 9:01 am

The last point suggest it should be Tier-1 because EC is always applied in home country, except unknow exceptional circumstances.

I still have more than a year long validity of French visa. I would be claiming Earning points on wages/salary received in France.

Cheers!

hsmpinuk70 · Post by **hsmpinuk70** » Mon Apr 28, 2008 5:43 pm

If you are in France on a WP, you should be able to apply for EC from France itself.

rajesh9pl wrote:The last point suggest it should be Tier-1 because EC is always applied in home country, except unknow exceptional circumstances.

I still have more than a year long validity of French visa. I would be claiming Earning points on wages/salary received in France.

Cheers!

rajesh9pl · Post by **rajesh9pl** » Mon Apr 28, 2008 5:56 pm

I have learnt that EC is always applied in home country. Can you please substantiate your understanding on this? That would be a great help.

Cheers!

WoodieG · Post by **WoodieG** » Mon Apr 28, 2008 5:59 pm

The application should be 'made to the post in the country or territory where the applicant is living'.

Paragraph 28 of the Immigration Rules.

http://www.ukba.homeoffice.gov.uk/polic ... les/part1/
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hsmpinuk70 · Post by **hsmpinuk70** » Mon Apr 28, 2008 6:18 pm

If you read through the HSMP guidance notes under "The application process for those currently living outside the United Kingdom", it is clearly stated that:
The entry clearance application should be submitted to the British Embassy, High Commission or Consulate in either your country of origin or country of residence at the time you make your HSMP application. You will not normally be allowed to submit an application for entry clearance in a country where you are based as a visitor or other temporary basis. Where there is no UK mission in your country of residence or where the nearest mission does not issue entry clearances, another mission will have been designated to handle applications. If you are not sure where to apply, any UK mission will be able to advise you.

rajesh9pl · Post by **rajesh9pl** » Mon Apr 28, 2008 6:20 pm

This is an eye opener, completly opposite to my understanding. Thanks for your reply. I need to study the guidelines more.

Cheers!.

hsmpinuk70 · Post by **hsmpinuk70** » Mon Apr 28, 2008 6:27 pm

rajesh9pl wrote:This is an eye opener, completly opposite to my understanding.

Assumption

.. not understanding !!

rajesh9pl wrote:I need to study the guidelines more.

You bet

Suggest you get your paperwork sorted out and apply asap ... before HO closes the HSMP scheme in France !!

regards

UKbound · Post by **UKbound** » Mon Apr 28, 2008 6:30 pm

I can't find it now, but I also thought that I read somewhere that you have to be legally resident in your country of application for a year, or you have to apply from your home country.

Hmm... I might be getting that confused with Canada though.

rajesh9pl · Post by **rajesh9pl** » Mon Apr 28, 2008 7:18 pm

The information available on website is confusing

.
Tier1 (http://www.ukba.homeoffice.gov.uk/worki ... sedsystem/) says:
If EC will be applied in India then Tier1.

EC guidelines on HSMP manual is:
The entry clearance application should be submitted to the British Embassy, High Commission or Consulate in either your country of origin or country of residence. You will not normally be allowed to submit an application for entry clearance in a country where you are based as a visitor or other temporary basis. Where there is no UK visa issuing post in your country of residence or where the nearest post does not issue entry clearances, another UK visa issuing post will have been designated to handle applications. If you are not sure where to apply, any UK mission will be able to advise you.

Does Country of residence means PR holders or it also includes WP holders?

HSMP (http://www.ukba.homeoffice.gov.uk/workingintheuk/hsmp/)
If you are in a country other than India, you will be able to make an application to the HSMP up to the date on which we close HSMP completely and replace it with Tier 1 (General) of the points-based system. This will be in the next few months.

Can someone help me to decide between these two categories.?

Many Thanks.

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Tier1 or HSMP? (Updated)

Tier1 or HSMP? (Updated)