English requirements for those with HSMP after December 2006

[steve10]

Hello guys,

As per the IND guidance (Paragraph 161 to 163), applicants who were granted permission to stay under the Highly Skilled Migrant Programme under the immigration rules which came into force on 5 December 2006, and want to apply for an extension under a Tier 1 category automatically meet the English language requirements.

but to get the 10 points required for the English language in the self assessment tool, applicant should either:

• Pass an English language test on their list of approved English language tests: or
• Hold a degree (should be on their list of approved degrees) that was taught in English and is equivalent to a UK bachelor's degree or above.

The self assessment tool in IND website does no provide the option for those with HSMP visa obtained after 05 December 2006 and want to extend their leave to remain under tier 1.

I have obtained leave under HSMP in early 2007. At that time I provided letter from my university confirming that the degree was taught in English. Now I noticed that my university is not in their list in the self assessment tool.

I am slightly confused and worried. Do I need to pass a test to comply with the English requirements in the self assessment tool? Or stick to what is given in the guidance and the application form which does not require me to provide any further proof for English proficiency? If so, why the self assessment tool does not reflect that?

If I apply for extension on the basis of having HSMP visa afetr december 2006, would they accept my application and award me the 10 points, knowing that the degree now is not in their list in the self assessment tool?

Please help. Thanks in advance.

[push]

You do not need to check for English Language Qualification Tool at all as you already qualify for the same. Just menation this in your cover letter and you should be fine.

Claiming Points – All Applications

161. Applicants meet the English language requirement if:
• they were last granted leave under a Tier 1 category
(other than Investors, where there is no English language
requirements) and are applying for an extension; or,
• they were last granted leave as a Highly Skilled Migrant
which was granted under the Immigration Rules which
came into force on 5 December 2006 and are applying for
an extension under a Tier 1 category.
162. As these applicants will have already provided evidence of
their English Language ability in a previous application they
are not required to provide further evidence.

As to why the points calculator does not have the name of your institution my guess is anyone graduating from your institution/course would not be automatically assumed to have met the English Language Criteria (Initial applicants only and not those who were first granted leave after Dec 2006). They will have to either write one of the tests or apply to Naric for comparability+get a letter from the Institute etc. (This is mentioned on the self assessment page itself - when you reach to the English Language section).

Hope this helps.

Kind regards,

push_hsmp

[steve10]

push_hsmp,

Thanks for your quick reply,

To be honest, i was wondering why self assessment tool does not have the option like a tick box for those who have got initial HSMP approval after December 2006. this is just to reflect what is there in the guidance and to avoid any confusion.

Regards

Steve10

[geriatrix]

What do you mean when you say "obtained leave" in early 2007? Do you mean Entry Clearance or the initial approval?

I have obtained leave under HSMP in early 2007. If I apply for extension on the basis of having HSMP visa afetr december 2006

When your visa (EC) was granted has nothing to do with your extension. It will make things a bit clearer if you can tell us as to when you filed your HSMP application and when was the HSMP approval issued. Because AFAIK, all applicants after Dec. 06 had no way out but to take one of the exams (or am I wrong??).

regards

[push]

Ya, the clause "they were last granted leave as a Highly Skilled Migrant which was granted under the Immigration Rules which came into force on 5 December 2006 and are applying for an extension under a Tier 1 category" applies to people who applied the for HSMP (Application) after the changes were introduced in Dec 2006. I have assumed the same for you. If that is not the case i.e. original HSMP was approved under the earlier rules (in force before the Dec 2006 changes) and you just obtained EC after the date then things would be different.

Kind regards,

push_hsmp

[steve10]

What do you mean when you say "obtained leave" in early 2007? Do you mean Entry Clearance or the initial approval?

Thanks for your reply,

Just to make it clear, everything was done in early 2007 under the Immigration Rules which came into force on 5 December 2006.

Unfortunately I don’t remember the exact dates, but filing the HSMP application, getting the approval and then applying for EC all was done between Jan and May 2007.

At that time, for the English requirements, applicants could either take one of the exams or get a letter from the university confirming that the course was taught in English.

There was no definitive list of universities for the English requirement. As long as the degree was equivalent to UK bachelor degree, a letter from the university would be acceptable.

Thanks

[geriatrix]

Since you filed your HSMP application after Dec '06 and received approval means that you automatically meet the requirements, as has already been suggested to you earlier by push_hsmp.

Choose the appropriate option in the form, and provide an explanation in the cover letter. Nothing to worry about !

regards

[steve10]

Since you filed your HSMP application after Dec '06 and received approval means that you automatically meet the requirements, as has already been suggested to you earlier by push_hsmp.

Choose the appropriate option in the form, and provide an explanation in the cover letter. Nothing to worry about !

regards

Many Thanks to you, sushdmehta.