Changing from working holiday to HSMP/Tier 1

[republique]

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.

I disagree. There is nothing that says they can not apply from here. I think they can apply and carry on with their WHV until they approved. When they are approved, they would have to back to australia to get their EC. It says they can't switch, meaning they can't remain in the UK but leave and come back to start their Tier 1 visa. Granted it is a bit complicated to do but it doesn't make sense that you cant apply from here when you are here, what happens if you don't get it, then you left for nothing when you could have at least finished out your WHV.
Try http://www.immigrationboards.com/viewto ... 45&start=0
http://www.fastukpermit.com/hsmp/changes/
http://us.mc551.mail.yahoo.com/mc/compo ... 68321&uc=1
http://www.immigrationboards.com/viewto ... 29&start=0
And it sounds like now that they have now officially instituted new rules to begin the 30th, sounds like you still have a bit of leeway if you are WHV if you apply by the 29th of the month

[geriatrix]

Your manners and language of your posts seem to have taken a more respectable tone. Good for everyone on this forum who reads your posts and hope it lasts for a while. And thank you for becoming sober. See, I even thanked you.

Anyhow, I would have appreciated if you had read my earlier post carefully. I have highlighted something in the quote below for your benefit and my understanding is based on the underpinning other understanding (or assumption, if you want to call it that) that non-switchable visa categories' applicants cannot apply for Tier 1 from within UK.

As before, I still do not believe it's healthy for anyone to get into an argument with you. And I am least concerned whether you agree with me or not.

regards

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.

[20nelson]

I wonder if anyone here can clear this up for me. Apologies if it has been discussed before.

I am currently here on a working holiday makers visa which is due to expire on July 15th. Back in January I applied for the HSMP visa and recieved my letter in March to say that this was successful, after which I applied for leave to remain. This has been rejected on the grounds that you can no longer switch from WHM to HSMP within the UK.

I will therefore need to return to NZ to apply for entry clearance and obviously will need to leave before my current visa expires within the next month.

My questions are:

Will I be able to apply for just the EC after 1 July when the Tier 1 scheme comes in or will I have to return to NZ and apply before 30 June in order to not go through the whole process again?

Does anyone have any idea/experience on how long the above is likely to take?

Alternatively my partner is here in the UK on the old HSMP scheme and I would have no problem proving that we have been cohabitting for much longer than 2 years in order to prove unmarried partner. Is it still possible to do the premium one-day service for this type of visa at the Croydon centre or would I still have to return to NZ anyway?

I appreciate any help you can give on this.

Thanks

[republique]

Your manners and language of your posts seem to have taken a more respectable tone. Good for everyone on this forum who reads your posts and hope it lasts for a while. And thank you for becoming sober. See, I even thanked you.

Anyhow, I would have appreciated if you had read my earlier post carefully. I have highlighted something in the quote below for your benefit.
As before, I still do not believe it's healthy for anyone to get into an argument with you.

regards

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.

Sush Do not address me anymore. I do not bother with you or push anymore. I think you are have no right running around telling people to not double post. You and push complain to the admin when someone doesn't agree with your assessment or confronts the lack of vigour in your analysis. You demand others to find proof when you don't live up to your own standards. I have nothing more to say to you and will not respond to any of your questions since you think you know better, then please answer your own questions but do not bother me because you upset me.

[geriatrix]

Will I be able to apply for just the EC after 1 July when the Tier 1 scheme comes in or will I have to return to NZ and apply before 30 June in order to not go through the whole process again?

You can apply for EC as long as your HSMP approval is valid. The HSMP approval is valid for 6 months from the date of issue. Please read the approval letter and you will probably note the time limit being mentioned there (or something to that effect). Even if Tier 1 is implemented in NZ, you will apply for EC only - but you will need to fulfil all conditions of EC under Tier 1 as prescribed by local BHC (e.g.- maintenance funds). Please view Tier 1 scheme on UKBA website for details.

Does anyone have any idea/experience on how long the above is likely to take?

Only a NZ applicant will be able to comment on this.

Alternatively my partner is here in the UK on the old HSMP scheme and I would have no problem proving that we have been cohabitting for much longer than 2 years in order to prove unmarried partner. Is it still possible to do the premium one-day service for this type of visa at the Croydon centre or would I still have to return to NZ anyway?

Don't get the question here, but will try. Can you switch to dependent of your HSMP partner from within UK? - No, a dependent application also needs to be an out-country application.

regards

[20nelson]

Thank you for your help, that is largely what I thought. What a long frustrating process this has been. I sometimes wonder whether living and working in the UK is at all worth it.

Cheers

[geriatrix]

See this which you failed to find earlier. That's proof (by your definition), just like your links above.

Sush Do not address me anymore. I do not bother with you or push anymore. I think you are have no right running around telling people to not double post. You and push complain to the admin when someone doesn't agree with your assessment or confronts the lack of vigour in your analysis. You demand others to find proof when you don't live up to your own standards. I have nothing more to say to you and will not respond to any of your questions since you think you know better, then please answer your own questions but do not bother me because you upset me.

1. Honestly, I would be the last one on earth to communicate with you directly. The only reason I addressed you was because *you* raised a question to my earlier reply - not just once but twice. I had not responded to it before 'coz of the obnoxious tone of your responses on the forum. When I noticed a change for the better, I thought it sensible to respond. But the change hasn't lasted for long, I can see that.

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

I want to know where he found that one

2. Didn't know there was a complaint. . Assuming there was one indeed, it wasn't from my end - for sure. Got better things to do.

3. When I request people to not double post, I am only promoting a rule defined by the administrators / moderators. Look here. Knowledgeable as you are, surprised that you didn't realize the true reason. Since your only aim is to accuse others, it is no wonder that you leave no opportunity to pick up the pettiest and most baseless excuse to say something against them.

Unfortunately, your tone is back to where it was earlier - disrespectful, accusing and *self-praising*. . As I have mentioned, there was no complaint from my end earlier but this time around (or next) I might be tempted to complain formally because there is nothing in my earlier post to warrant such an obnoxious response (as above) from your end. So please be very careful on how you communicate with people on the forum.

You don't need me or push or anyone else for character assassination. The way you respond to people and the underlying tone do the needful on their own.

There's a saying that we use very often in our trade - People do not resist change, they resist changing themselves. Think about it.

regards

[WoodieG]

'The HSMP will undergo a phased closure during 2008. As part of this process, on 29 February 2008 we stopped taking initial applications from people who are already in the United Kingdom. Initial HSMP applications should now only be made by people outside the United Kingdom. If you are currently in the United Kingdom, you should apply under Tier 1 (General) of the new points-based system. If you are in the United Kingdom and make an initial application to the HSMP now, it will be rejected, even if you intend to return to your home country and continue the application process from there. However, if you made your application before 29 February 2008, it will be processed as normal and, if you meet the requirements, you will receive an HSMP approval letter.'

Taken from: http://www.ukba.homeoffice.gov.uk/worki ... igibility/
________
Zx14 Vs Hayabusa

[geriatrix]

In an effort to put to rest this uncertainity on the matter, I had written to UKBA on Friday (20-Jun) to get a confirmation from their end and here's what they said in their response today.

-----
Dear S D,
Thank you for your email.

Working Holidaymakers are no longer entitled to switch to the Tier 1 (General) within the UK. Those who have current leave to remain under the Working Holidaymaker scheme and wish to apply for Highly Skilled Migrant Programme are required to leave the UK before submitting their application. Please note: Working Holidaymakers are not eligible to apply for the Tier 1 (General) scheme (until said scheme is available at one’s country of residence).

If a Working Holidaymaker applied for the HSMP before February 29 2008 they can stay in the UK until they receive the decision (subject to their existing visa’s validity). Upon receiving the decision, one is required to return to one’s country of residence with their approval letter in order to make an application for UK Entry Clearance.

If one requires information regarding the Entry Clearance process we ask that one contacts either UK Visas or a UK diplomatic post in one’s home country.

UK Visas
Foreign and Commonwealth Office
London
SW1A 2AH

Tel: 0845 010 5555
Fax: 0207 008 8359
Web: www.ukvisas.gov.uk

Application Forms: 0207 008 8308

I hope this is helpful.

yours sincerely
XYZ
Customer Service Advisor
Customer Contact Centre
UK Border Agency
PO Box 3468
Sheffield
S3 8WA

Telephone: 0114 207 4074
Fax: 0114 207 4000
-----

Hope this clarifies all doubts on the issue (whether anyone in UK under a non-switchable visa category can apply for Tier 1 from within UK or not) .... at least until such time that they decide to shift the goal-posts yet again.


regards