Changing from working holiday to HSMP/Tier 1

[petenz]

Hello,

I am considering entering the UK from NZ on a working holiday visa as the wait time is considerably shorter.
If I was to enter with the working holiday visa, what would be involved in changing to the HSMP or Tier 1 while in the UK?

I understand I would have to return to NZ at some point - which part of the process is this for and for how long would I have to be in NZ? I'd look at coming back in February 2009 to do this.

Thanks in advance.

[push]

Hello,

I am considering entering the UK from NZ on a working holiday visa as the wait time is considerably shorter.
If I was to enter with the working holiday visa, what would be involved in changing to the HSMP or Tier 1 while in the UK?

I understand I would have to return to NZ at some point - which part of the process is this for and for how long would I have to be in NZ? I'd look at coming back in February 2009 to do this.

Thanks in advance.

In my opinion. you can not switch into Tier-1 from within UK if you are on a WHM VISA and as Tier-1 is a single stage process, that means you cant apply for Tier-1 from withing UK. There are some people who believe, othrwise. I am basing my understanding on the following guidance on the BIA website:

Switching is permitted from applicants who currently hold leave as:• as a Highly Skilled Migrant,
• as a Tier 1 (General) Migrant,
• as an Innovator,
• as a Participant in the Fresh Talent: Working in Scotland Scheme,
• as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
• as a Postgraduate Doctor or Dentist,
• as a Student,
• as a Student Nurse,
• as a Student Re-Sitting an Examination,
• as a Student Writing-Up a Thesis, or
• as a Work Permit Holder.

Clearly, WHM is not listed as one of the eligible categories which permit switching into Tier-1 from within UK.

Kind regards,

push_hsmp

[republique]

Hello,

I am considering entering the UK from NZ on a working holiday visa as the wait time is considerably shorter.
If I was to enter with the working holiday visa, what would be involved in changing to the HSMP or Tier 1 while in the UK?

I understand I would have to return to NZ at some point - which part of the process is this for and for how long would I have to be in NZ? I'd look at coming back in February 2009 to do this.

Thanks in advance.

In my opinion. you can not switch into Tier-1 from within UK if you are on a WHM VISA and as Tier-1 is a single stage process, that means you cant apply for Tier-1 from withing UK. There are some people who believe, othrwise. I am basing my understanding on the following guidance on the BIA website:

Switching is permitted from applicants who currently hold leave as:• as a Highly Skilled Migrant,
• as a Tier 1 (General) Migrant,
• as an Innovator,
• as a Participant in the Fresh Talent: Working in Scotland Scheme,
• as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
• as a Postgraduate Doctor or Dentist,
• as a Student,
• as a Student Nurse,
• as a Student Re-Sitting an Examination,
• as a Student Writing-Up a Thesis, or
• as a Work Permit Holder.

Clearly, WHM is not listed as one of the eligible categories which permit switching into Tier-1 from within UK.

Kind regards,

push_hsmp

What does tier being a single stage process have to do with not being able to apply in country to switch. Why would that make a difference if it is one stage or 20? Where are you getting this from?

[push]

What does tier being a single stage process have to do with not being able to apply in country to switch. Why would that make a difference if it is one stage or 20? Where are you getting this from?

FYI, this was in response to the part-II of the query of petenz, as below:

I understand I would have to return to NZ at some point - which part of the process is this for and for how long would I have to be in NZ? I'd look at coming back in February 2009 to do this

Under HSMP (when it was still open to those applying from UK) a person could apply for HSMP approval while in UK and if he did not happen to be on a VISA which did not permit switching into HSMP as an in country applicant (e.g. those on Student VISA but still waiting for award of their degree) they had to go back to their country and apply for EC.

Now, Tier-1 not being a 2 stage (or 20 for that matter) process does not offers that luxury. This is where I am coming from and getting at.


kind regards,

push_hsmp

[petenz]

So the entire Tier 1 process, including entry clearance, would need to be done from New Zealand? I.e. about 20 weeks at the moment?

[push]

So the entire Tier 1 process, including entry clearance, would need to be done from New Zealand? I.e. about 20 weeks at the moment?

NZ is still not on for Tier-1. Its just those who apply from UK and from India who need to compulsorily apply underTier-1. If you are applying from NZ then you will have to apply under HSMP.

Re WHM, I read this interesting message and you might want to follow up on this (as well as take up with HO). If its true, then it will make sense for you to come to UK and apply under Tier-1 .

kind regards,

push_hsmp

[republique]

What does tier being a single stage process have to do with not being able to apply in country to switch. Why would that make a difference if it is one stage or 20? Where are you getting this from?

FYI, this was in response to the part-II of the query of petenz, as below:

I understand I would have to return to NZ at some point - which part of the process is this for and for how long would I have to be in NZ? I'd look at coming back in February 2009 to do this

Under HSMP (when it was still open to those applying from UK) a person could apply for HSMP approval while in UK and if he did not happen to be on a VISA which did not permit switching into HSMP as an in country applicant (e.g. those on Student VISA but still waiting for award of their degree) they had to go back to their country and apply for EC.

Now, Tier-1 not being a 2 stage (or 20 for that matter) process does not offers that luxury. This is where I am coming from and getting at.


kind regards,

push_hsmp

this reasoning still doesn't support why or doesn't connect the basis for no incountry switiching for WHV to the one stage process. The one stage process is for administrative ease, nothing more. The decision to stop incountry switching from WHV is simply a policy move not a consequence of the one stage process as you are trying to suggest.

[push]

This is what I had said:

"In my opinion. you can not switch into Tier-1 from within UK if you are on a WHM VISA and as Tier-1 is a single stage process, that means you cant apply for Tier-1 from withing UK. "

I will make it easy for you to understand. The first part of the statement above says that the applicant is not eligible to switch into Tier-1 from within UK if he is on WHM VISA - I have provided a reference to the relevant section on BIA website (please go back to my message and see the highlighted section).

The second part is in response to the misconception that the applicant has about the tier-1 that he will have to go back to NZ to get the EC stamped after getting the Tier-1 approval. So my statement says that this is not possible as Tier-1 is not a 2 stage process and he can not apply for Tier-1 from within Uk assuming this arrangement (that he will apply for it and then go back to NZ to get the VISA stamped).

Is there anything else that you want further clarification on/ you want to enlighten us about?

[republique]

This is what I had said:

"In my opinion. you can not switch into Tier-1 from within UK if you are on a WHM VISA and as Tier-1 is a single stage process, that means you cant apply for Tier-1 from withing UK. "

I will make it easy for you to understand. The first part of the statement above says that the applicant is not eligible to switch into Tier-1 from within UK if he is on WHM VISA - I have provided a reference to the relevant section on BIA website (please go back to my message and see the highlighted section).

The second part is in response to the misconception that the applicant has about the tier-1 that he will have to go back to NZ to get the EC stamped after getting the Tier-1 approval. So my statement says that this is not possible as Tier-1 is not a 2 stage process and he can not apply for Tier-1 from within Uk assuming this arrangement (that he will apply for it and then go back to NZ to get the VISA stamped).

Is there anything else that you want further clarification on/ you want to enlighten us about?

First of all, I KNOW that there is no incountry switiching from WHV to Tier 1 If you review my former comments, I quoted this info to someone else which seems to me you have now copied to make it look that it has been done by your own research. Meanwhile, you constantly demand others to provide proof whereas you make many comments without substantiating your ideas.
Second, your repetition of not being able to do incounty switching and the one stage process has not explained why it being a one stage process prevents in country switching because clearly there are other categories that can switch in country.
Third, your distortion of information and failure to address the points being made indicates a certain lack of understanding of the information you purport to be versed in. My impression is that you read previous posts and repeat them to others like parrots. You repeat the sounds but don't actually understand what you are saying so I find it hard to reason with you. Further, you take a tone of somehow being aggrieved or alternatively a skeptical doubter which neither helps the OP or the forum.
I have provided my opinion on the basis of the one stage process so perhaps you can simply answer why you think Tier 1 has become a one stage process.

[push]

First of all, I KNOW that there is no incountry switiching from WHV to Tier 1 If you review my former comments, I quoted this info to someone else which seems to me you have now copied to make it look that it has been done by your own research.

oh really !! Did you say you KNOW that there is no in country switching from HMV to Tier 1!! Then what is this, if I may ask??

A case of selective amnesia, I suppose??

Meanwhile, you constantly demand others to provide proof whereas you make many comments without substantiating your ideas.

No one seems to be complaining except you? Any sore point with you??

Second, your repetition of not being able to do incounty switching and the one stage process has not explained why it being a one stage process prevents in country switching because clearly there are other categories that can switch in country.

I cant help you if you cant understand statements written in plain English. This is not the mandate of this board so please don’t expect me to help you on this.

Third, your distortion of information and failure to address the points being made indicates a certain lack of understanding of the information you purport to be versed in.

I never claimed that am a Guru here. I provide information as I know and understand. If you are overwhelmed by my knowledge and understanding, its your problem, not mine.

My impression is that you read previous posts and repeat them to others like parrots. You repeat the sounds but don't actually understand what you are saying so I find it hard to reason with you. Further, you take a tone of somehow being aggrieved or alternatively a skeptical doubter which neither helps the OP or the forum.

The statement is too personal and seems to have roots in of some kind of behavioural problem/ inability to express properly/ bottled up emotions /personal vendetta - so I am completely disregarding this - I cant stoop down to the levels, unbecoming of an Educated person (or a Highly Skilled Migrant, should I say).

I have provided my opinion on the basis of the one stage process so perhaps you can simply answer why you think Tier 1 has become a one stage process.

This discussion is about whether or not the person who started this thread can switch from WHM to Tier -1 and not about analysing the British Immigration Policy and the underlying reasons of why Tier-1 has become a one stage process. It’s all in the Details dear Details.... read the lines/ read the posts before you leap on your keyboard to write a fiery message, especially directed against me.

Bbtw. I really laughed out loud when I read your conspiracy theory regarding me and SushDmehta and me being one and the same persons..... or may be we are... there is money to be minted out here by posting more and more messages and it improves one's chances if he uses two handles !! That was good. Really appreciate the humorous side of you. Does it come naturally to you??

Warmest Regards,

push_hsmp

[petenz]

I see what you're saying - the only possible course of action, in your view, is to return to NZ for the entire Tier 1 process, which is what it would be in February next year?
At the moment, obviously it'd be HSMP in NZ.

[republique]

First of all, I KNOW that there is no incountry switiching from WHV to Tier 1 If you review my former comments, I quoted this info to someone else which seems to me you have now copied to make it look that it has been done by your own research.

oh really !!
Yes Really. See http://www.immigrationboards.com/viewto ... hlight=whv

A case of selective amnesia, I suppose??
A case of you not comprehending nuances.

The rest of your stuff bores me so I don't bother with you anymore

As I expected from you. A continuation of your Non sequitur Reasoning.

[push]

First of all, I KNOW that there is no incountry switiching from WHV to Tier 1 If you review my former comments, I quoted this info to someone else which seems to me you have now copied to make it look that it has been done by your own research.

oh really !!
Yes Really. See http://www.immigrationboards.com/viewto ... hlight=whv

A case of selective amnesia, I suppose??
A case of you not comprehending nuances.

The rest of your stuff bores me so I don't bother with you anymore

As I expected from you. A continuation of your Non sequitur Reasoning.

I sincerely apologise for not following what you have been saying. This has happened because of the lack of my understanding of the Tier-1 1 and HSMP process.

Now I have started making some sense of your postings, just like the one you have referred above:

republique wrote:

Thats a shame that your employer won't help you out.
It was big news that swiching from WHV to Tier 1 country in country would no longer be allowed. You will have to leave the country to do so. However most people can apply with an out of country applicaition and still remain in the country until the decision is made and then you will have to fly home and pickup the visa in your home country
I hope that helps.

So you are saying that someone who is in UK on WHM can ACTUALLY apply for Tier-1 as an out of country applicant. But did not they say that you need to send your passport along with your Tier-1 application. So if you dont have the passport how do you fly to your own country "to pickup your VISA"??

Well, pardon my ignorance if I have again failed to understand the nuances here, but on the other hand if you are saying that one does not need to send the passport - then you are talking about HSMP aren't you- which is not what we are discussing here.

And lastly, if indeed you are talking about Tier-1 and saying that one needs to send his passport with the application and that he will receive his passport back in UK itself then aren't you talking about switching into WHM?? - which incidentally seems to be not permitted at the moment (you have yourself endorsed it above)

See, I understand that my queries/responses are not worthy of responses from you, especially so when you find yourself in an uncomfortable situation, but still for the benefit of others can you kindly explain the mechanics of the process, as described by you in the box above?

warm regards,

push_hsmp

[geriatrix]

I see what you're saying - the only possible course of action, in your view, is to return to NZ for the entire Tier 1 process, which is what it would be in February next year?
At the moment, obviously it'd be HSMP in NZ.

Best that you check with BIA on whether you can make an in-country application for Tier 1 as a WHM visa holder (a non-switchable visa category).

There is no clear information from the BIA (or substantiated by BIA) that's publicly available to suggest that applicants in UK in any visa category other than the switchable categories can make an in-country Tier 1 application. There is also no information publicly available to suggest that someone in UK in a visa category other than the prescribed switchable visa category can make a Tier 1 application and will be issued an approval letter by BIA to enable him to return to his country to apply for EC (which was usual practice under HSMP).

Whilst some people believe that it is do-able, there are others who believe it is not - so it would be best if you check with BIA directly and let them confirm it to you one way or the other.

And if you let us know through this forum what BIA has to say about the issue, it will be helpful to many.

regards

[petenz]

I've emailed the contact centre to find out what the current process is and how it will change when Tier 1 is introduced in New Zealand.

Fingers crossed the response is useful and timely.

[WoodieG]

Anyone in a non-switchable category cannot apply for Tier 1 (General) from within the UK, it's as simple as that. They have to leave the UK and apply under whichever route applies in the country they are applying from.
________
R850r

[petenz]

That much is clear. What the process will be during this transitional period, and how I'll be affected in NZ by the change to Tier 1 in NZ, is not.

Any idea whether one must apply from one's HOME country or just outside the UK?

[geriatrix]

Any idea whether one must apply from one's HOME country or just outside the UK?

Country of legal residence.
If you are in UK on a WHM visa, technically it would mean that UK is your country of legal residence but, as per my (limited) understanding, for purpose of Tier 1 application you cannot consider UK as country of legal residence if under any of the non-switchanble visa categories.

regards

[republique]

Any idea whether one must apply from one's HOME country or just outside the UK?

Country of legal residence.
If you are in UK on a WHM visa, technically it would mean that UK is your country of legal residence but, as per my (limited) understanding, for purpose of Tier 1 application you cannot consider UK as country of legal residence if under any of the non-switchanble visa categories.

regards

Where did you come up with that one? who said for nonswitch you can't use your country of legal residence.

[petenz]

He didn't say you can't use your country of legal residence, he said you have to.

[republique]

He didn't say you can't use your country of legal residence, he said you have to.

No you don't understand
he said if the UK is your country of legal residence you cant use it as your country of legal residence if you are in nonswitchable category, specifically WHV. I want to know where he found that one and what should WHV people do if they are here and want to apply?

[WoodieG]

He didn't say you can't use your country of legal residence, he said you have to.

No you don't understand
he said if the UK is your country of legal residence you cant use it as your country of legal residence if you are in nonswitchable category, specifically WHV. I want to know where he found that one and what should WHV people do if they are here and want to apply?

As HSMP is closed in the UK nobody can apply from here - whether this is their country of 'legal residence' or not. Anyone in a non-switchable category wanting to apply can go home & apply from there.
________
HERBAL HEALTH

[republique]

He didn't say you can't use your country of legal residence, he said you have to.

No you don't understand
he said if the UK is your country of legal residence you cant use it as your country of legal residence if you are in nonswitchable category, specifically WHV. I want to know where he found that one and what should WHV people do if they are here and want to apply?

As HSMP is closed in the UK nobody can apply from here - whether this is their country of 'legal residence' or not. Anyone in a non-switchable category wanting to apply can go home & apply from there.

The person can't switch.
They can apply here since the UK is indeed their country of legal residence BUT they would have to return to their home country for EC.

[petenz]

There is no separate EC for Tier 1.

I believe the process will be similar to the current Working Holiday process where there is not permit, just one application for the Visa as a whole.

[WoodieG]

They can apply here since the UK is indeed their country of legal residence BUT they would have to return to their home country for EC.

Apply for what? HSMP is shut for EVERYONE in the UK so all applications submitted from the UK are being rejected. If they file a Tier 1 (General) application it will be refused (at a cost of £750). Working Holidaymakers can't apply for anything from the UK anymore.