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Queries (About Switching from HSMP to Tier 1)

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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RAW
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Location: Essex, UK

Queries (About Switching from HSMP to Tier 1)

Post by RAW » Mon Jun 23, 2008 2:02 am

Dear Friends,

I am having a valid HSMP EC issued to me on 21st August 2007 valid till 20th August 2009. I have made my first entry to UK on 11th November 2007 for a month timeframe and now I again have arrived back on 25th May 2008 on permanent basis.

Since I already have spent around 10 months out of UK and now have only 14 months left in finding job and showing valid earning for my FLR (in other words switching to Tier 1 as per new rules). I am now thinking of switching to Tier 1 as I can easily get the required points to qualify for Tier 1 with my previous job earning.

As per the Tier 1 guideline, I only loose 5 bonus points of UK experience. Apart from the point scoring criteria, following areas are still vague to me

* As per previous HSMP scheme, person can apply for FLR a month before his valid HSMP expires. Is this condition applies to switching as well?? Or a person can switch from his current valid HSMP to Tier 1 category at any time??

* Regarding maintenance factor, since I arrived UK a month ago. Do I have to show funds of GBP 2800 or GBP 800??


Anyone can help me in this regard.

Thanks,
RAW

RAW
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Post by RAW » Tue Jun 24, 2008 12:08 am

inputs requested pls!!!

geriatrix
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Post by geriatrix » Tue Jun 24, 2008 2:47 am

You are asking someone to comment on a situation where an HSMP holder wants to make a fresh application to HSMP (again). Though HO has given a new name to it (Tier 1), but the essence of what you wish to do remains the same.

Well, there seems to be no rule that says you cannot do it, and at the same time, there seems to be no rule which says you are allowed to do it. Best that you check with UKBA directly before you decide to risk 750 pounds.

Coming to your questions:
1. UKBA recommends that you make an application within 28 days of expiry of your current leave.
2. UKBA would expect you to *extend* your leave to remain in UK by making an extension application near the time your current leave expires (as above).
3. Since you are now based in UK, you will need to show 800 pounds. You will find the details in the Tier 1 policy guidance on the UKBA website.


regards
Last edited by geriatrix on Tue Jun 24, 2008 12:21 pm, edited 2 times in total.
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WoodieG
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Post by WoodieG » Tue Jun 24, 2008 7:24 am

The immigration rules do not seem to prevent one from doing this.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
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Last edited by WoodieG on Tue Mar 08, 2011 5:06 pm, edited 1 time in total.

RAW
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Location: Essex, UK

Post by RAW » Tue Jun 24, 2008 10:12 pm

well thanks Sushdmehta and WoodieG for your comments.

I already have gone through the homeoffice site and Tier 1 guidance, but you are right that its not explicitly defined that you can either switch to Tier 1 or not, having your valid HSMP visa with you. I also mailed HO two days back and received below response. HO still have not responded to my original queries.
Dear RAW,

Thank you for your email.

The Immigration Rules allow an extension of stay as a Tier 1 (General) - highly skilled worker to be granted for a period 'not exceeding three years'. However, in light of the changes to the Immigration Rules which came into effect on 3 April 2006, which increased the qualifying period for settlement from four to five years, applicants may be granted a four year extension.

Therefore the extension periods are as follows:

Successful Tier 1 (General) extension applications for Highly Skilled Migrant Programme (HSMP) holders where initial leave was granted for either, two years, or one year with a 3 year extension, will be granted for a further three years.

For Tier 1 (General) – highly skilled worker extension applications where initial leave was granted for three years, successful Tier 1 (General) extension applications with be granted for a further two years.

Are assets or shares acceptable as evidence for Maintenance (Funds)?

No, the funds must be available in the form of cash savings.

Are agreed overdraft facilities acceptable as evidence for Maintenance (Funds)?

No, applicants must actually have the funds in their account. The balance of the account must always be at least £800 in the 3 month period immediately preceding the application.

Are Trust Funds acceptable as evidence of Maintenance (Funds)?

Yes, Trust Funds will be considered where the applicant is able to provide satisfactory evidence as specified in the Tier 1 (General) policy guidance.

Will funds held in a joint bank account be accepted as evidence of Maintenance (Funds)?

Yes, funds held in a joint bank account are acceptable as evidence of funds providing the applicant is able to supply satisfactory evidence as specified in the Tier 1 (General) policy guidance.

Will funds held in a bank account overseas be accepted as evidence of Maintenance (Funds)?

Yes, funds held in a bank account overseas will be considered as evidence of funds providing the applicant is able to supply satisfactory evidence as specified in the Tier 1 (General) policy guidance. Where the funds held in the overseas account are demonstrated in foreign currency then Assessing officers will convert the amount to pounds sterling using the closing spot rate which appears on www.oanda.com based on the date of the bank statement.

How many pieces of evidence should applicants provide to demonstrate they meet the Maintenance (Funds) requirement?

Applicants should ensure that they provide evidence that covers the total amount of funds required, over the entire 3 month period immediately preceding their application. This may take the form of a single specified document covering the full amount of funds for the 3 month period. Alternatively a combination of specified documents are also acceptable provided that together they cover the full amount of funds for the 3 month period required.

Is there any concession for students with regards the maintenance funds?

No.

Can ISAs be used for maintenance funds?

Yes but they must be FSA regulated.

Can loans be used?

No.


Yours sincerely

Ian Chestnut
Customer Service Advisor

Work Permits
Border and Immigration Agency
Home Office
P.O Box 3468
Sheffield
S3 8WA

Tel: 0114 207 4074
Fax: 0114 207 4000

geriatrix
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Post by geriatrix » Wed Jun 25, 2008 11:48 am

Seems a standard template to me ... and as expected, only talks of extensions ... because that's the normal course of action for existing HSMP visa holders.

It's going to be difficult to get a customized reply from HO, but you have to try and make the impossible (getting HO to reply specifically to a specific query) possible :wink: .

Reply to their message and explain that your query still remains unanswered and you want someone to provide a precise and concise answer to your questions. Try what you can to escalate the matter up the chain.

regards
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sanram
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Post by sanram » Tue Jan 13, 2009 10:12 am

so one can switch to tier 1 from hsmp at anytime??....not necessarily extend it??....

paulmu
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Post by paulmu » Tue Jan 13, 2009 11:29 am

I very much doubt that you can - but it could be a first?
PM

sanram
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Post by sanram » Tue Jan 13, 2009 1:14 pm

can any senior member clarify tht?

MyHSMPApplication
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Post by MyHSMPApplication » Wed Jan 14, 2009 9:59 am

Just to add to the confusion, I had asked the same question in this post

http://www.immigrationboards.com/viewtopic.php?t=33807

And I still believe that there is no reason why one shouldn't apply well in advance be it, extension or new application.

The 5 week time is just a recommended time line by the home office this isn't set in stone.

I have known cases where one has applied for extension 3 - 6 months before the expiry of their LTR and have successfully obtained extension.

Cheers
PG

MyHSMPApplication
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Post by MyHSMPApplication » Wed Jan 14, 2009 10:00 am

Just to add to the confusion, I had asked the same question in this post

http://www.immigrationboards.com/viewtopic.php?t=33807

And I still believe that there is no reason why one shouldn't apply well in advance be it, extension or new application.

The 5 week time is just a recommended time line by the home office this isn't set in stone.

I have known cases where one has applied for extension 3 - 6 months before the expiry of their LTR and have successfully obtained extension.

Cheers
PG

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