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

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Vanadil
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Posts: 526
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Location: London, UK

Post by Vanadil » Tue Feb 24, 2009 3:37 pm

It would be unfair for those currently on HSMPs I do agree. Even to an extent for those who have recently got their Tier 1's before this was announced. (that is of couse if it isn't lowered again by the time they come for thier extensions)

However this change is part of the point of introducing the whole PBS. The Home Offices intentions were clearly stated when it was implemented that they could Raise or lower the bar at will depending on the UK's situation. This is exactly what they have done and it's not really that surprising. I think it will get pushed back for now, but I wouldn’t hold out much hope for the end of the year.

Could someone please explain how people’s human rights are being affected? (Not in an aggressive tone, I'm genuinely interested)

nionlight
Member of Standing
Posts: 441
Joined: Sat Sep 29, 2007 4:51 pm

Post by nionlight » Tue Feb 24, 2009 3:46 pm

Vanadil wrote:It would be unfair for those currently on HSMPs I do agree. Even to an extent for those who have recently got their Tier 1's before this was announced. (that is of couse if it isn't lowered again by the time they come for thier extensions)

However this change is part of the point of introducing the whole PBS. The Home Offices intentions were clearly stated when it was implemented that they could Raise or lower the bar at will depending on the UK's situation. This is exactly what they have done and it's not really that surprising. I think it will get pushed back for now, but I wouldn’t hold out much hope for the end of the year.

Could someone please explain how people’s human rights are being affected? (Not in an aggressive tone, I'm genuinely interested)
its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home. and there are specific qualification and at that time you know the qualification you need for extension. now just before few months of extension if the rule says you need a masters to extand your visa, how in da world you will get it in given time? whenever a new law comes you have provide sufficient time and resource to allow people to abide by that rule. now for example lets say, government make a rule " from tomorrow, only people who are 7 feet tall can live in this country rest of the people has to lave the country". then how in da world will you feel? if there is a new law, sufficant time or resourc must be given to fullfill the law. you cant just simply introduce any law and make it mandatory from that day to abide by the law. and that is called violtion of human rights

CoolestGuyC
Member of Standing
Posts: 396
Joined: Wed Jan 16, 2008 7:01 pm

Post by CoolestGuyC » Tue Feb 24, 2009 3:52 pm

confusedhsmp wrote:If it was the case that the new rules would apply to HSMP (75points) and not HSMP (65 point), I believe it may well apply to future Tier 1 extension applications. In such a case, current Tier 1 holder’s extensions would be next due in 2010-2011.
That is precisely what I think.
As per my understanding, only people who got HSMP before Nov06 are immune to the future changes (due to the court ruling).

UKBA can kick out the following people category of people:
- Who got HSMP after Nov-06
- Who have new Tier 1 (not an extension).
if they so want, by raising the bar so high that they cannot achieve sufficient points for their extensions.

Finally, I do think that UKBA intends to apply the "Master's" rule only to new applicants who apply for Tier 1 after Apr-09, and not to extension applications. This is because the news clearly says that "For the new applicants" and not "For all/extension applicants".
(Also, note that I say "intends", because UKBA may well change their stance).

So moral of the story is that
- UKBA can do anything they want with new HSMP/Tier 1 applicants.
- We do not know what precisely they want to do(need to wait for more news)
- We can very well "request" them they do not apply the rules retrospectively. (By writing to MPs, petitions, etc.)


confusedhsmp wrote: AND if masters was now required, they may have to start studying fulltime instead of working, which makes them ineligible for ILR as they won’t be economically active in their period of leave to remain. OTHERWISE they could start it part-time (starting September 2009, next session) but would not be able to get hold of their degree as on a part-time mode it takes 2 and ½ years when the extension arrives. You get stuck in both ways.

The Home Office should be sensible enough to not introduce the Masters for current HSMPians or Tier 1 holders as it totally goes against the logic and indeed human rights to be treated fairly, the grounds that were used by HSMPFORUM LTD. Even if they are introduced I, unlike Gordon, believe that the HO may want to have transitional arrangement.
It’s quite pathetic time for the whole UK society when I read entries on this forum. It’s the whole issue of TRUST that is lacking in between migrants and the HO. If I don’t trust HO I may well leave this country then gamble with my precious time.


Personally, I could get a masters degree this summer by fast tracking my Dissertation but for me, my education is more important and I think I need to balance it rightly. I want to spend time in Dissertation as its going to be the topping of my degree which I don’t particularly want to put to waste.
You need to keep following things in mind:

1. Full time studies are not allowed in uk when you are on Tier 1 (You need student visa for any kind of full time study in uk).
2. I also think that part time masters degree is not eligible for getting points(that is, it needs to be full time for you to be awarded points for it).

Kaff
Member of Standing
Posts: 273
Joined: Mon Jan 29, 2007 1:43 am

Post by Kaff » Tue Feb 24, 2009 3:53 pm

Guys, what are we doing? watching this thead to grow with nothing coming out of it.. panic and panic everywhere!!!
Try to come up with action plan what to next....in case it come in force and effect every extension application.

I would suggest wait for the complete guide lines first and then do something to stop this happening for exisitng applicant..
But till then please stay focus on your current workplace, you don't don't want to loose your job in this current situation do you?

Good luck and hope for the best.
Kaff

confusedhsmp
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Joined: Thu Apr 05, 2007 11:30 pm

Post by confusedhsmp » Tue Feb 24, 2009 3:58 pm

its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home
Just to correct you Nionlight. We declared that UK is our MAIN HOME.

Lets not be worried and follow Kaff's advice. Just panic here. Come with something constructive, which we cant until we get new policy in writing.

CoolestGuyC
Member of Standing
Posts: 396
Joined: Wed Jan 16, 2008 7:01 pm

Re: Can any1 decipher this for me?

Post by CoolestGuyC » Tue Feb 24, 2009 4:06 pm

simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

That said, they always have the liberty to tighten the points system, so that they can stop people from extending their visa(or in other words, kicking them out of UK).

unfairworld
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Posts: 27
Joined: Sun Feb 22, 2009 6:28 pm

Post by unfairworld » Tue Feb 24, 2009 4:07 pm

aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.

I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.

My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).

Appreciate if friends let me know if I have mis-understood anything here.

or maybe you can "switch" into tier 1 before April.. then still you get 3 years.. and your hsmp period wd still count towards ILR just incase if rules are applied for HSMP extension. But applying 5 weeks earlier than due date, I personally think is risky, as you are giving the matter in case worker hands to either accept your application earlier or return it to you, and in current circumstances I don't think they will be very flexible,

by the way I am in the same boat. my hsmp due on May 21 and am only bachelors degree.. all eyes on what HO says OFFICIALLY

nionlight
Member of Standing
Posts: 441
Joined: Sat Sep 29, 2007 4:51 pm

Post by nionlight » Tue Feb 24, 2009 4:09 pm

confusedhsmp wrote:
its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home
Just to correct you Nionlight. We declared that UK is our MAIN HOME.

Lets not be worried and follow Kaff's advice. Just panic here. Come with something constructive, which we cant until we get new policy in writing.
thanks for correcting me confused. now its even more clearer what is called human right violation when some one wants kick people out from MAIN HOME.
i think we all should be stand united and file a law suit to stop this dirty, cowardly act of HO office changin law reterospectively. no where in da world has this law for immigrants. look in canda, usa, australia, no where... all the new laws they introduce is just for the new people. UK is the only country where they an change it for all. they need to stop it for ever. i think we need to contact HSMP forum who has experience in this. if we cant stop this reterospective thingi.. then HO can change it any time even before appplying for ILR. ho can make it 15 years or whatever. so they just have to stop it once for all!!!!!!!!!!!!

carrera4
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Post by carrera4 » Tue Feb 24, 2009 4:26 pm

Please correct me if I'm wrong, but my perception is that the UK does not regard us as immigrants, but as migrants. They always choose their words carefully. A green card in the US implies permanent residence. Qualifying for the points systems of Australia and Canada results in, basically, permanent residence after a certain period. There is never the need to re-qualify. The UK specifically uses the term migrant (The Tier 1 visa in my passport reads "Tier 1 - General Migrant") because "immigrant" implies someone that is here to stay, while migrant implies, someone that moves around from time to time, as in "migrant labourer" ;) And the system of having to re-qualify after a certain period in the country is there specifically so that they can kick you out later if they want :) In essence they just regard it as a temporary work permit, that does not require a sponsor, because you will probably be able to find one in-country with your qualifications. This system is packaged very nicely to seem attractively similar to the other systems mentioned (Aus, Canada etc) but this is a form of deception, it is not the same thing AT ALL. A bit cynical to think of it this way but let's call a spade a spade...

simar
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Posts: 239
Joined: Tue Sep 16, 2003 2:01 am
Location: cambridge

Re: Can any1 decipher this for me?

Post by simar » Tue Feb 24, 2009 4:49 pm

CoolestGuyC wrote:
simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

That said, they always have the liberty to tighten the points system, so that they can stop people from extending their visa(or in other words, kicking them out of UK).
I fully agree with you my friend. All I was trying to convey was to make clear ,"cleverly" written e-mail reply. People here are claiming all sort of memos or telephonic talks , but none can get confirmed e-mail reply from HO on whether extension applications will be effected or not with new rules.

The only reply that people get was clear that new rules will apply on extension applications. People get confused with “ re-applyâ€

Gob00st
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Posts: 164
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Re: Can any1 decipher this for me?

Post by Gob00st » Tue Feb 24, 2009 5:03 pm

Hi Simar,

I think the only email confirmation we got from HO has been proven contradicting to itself.
Why you mention "The only reply that people get was clear that new rules will apply on extension applications."

Please correct me if I misunderstood you.

Regards,
Gob00st
simar wrote:
CoolestGuyC wrote:
simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

That said, they always have the liberty to tighten the points system, so that they can stop people from extending their visa(or in other words, kicking them out of UK).
I fully agree with you my friend. All I was trying to convey was to make clear ,"cleverly" written e-mail reply. People here are claiming all sort of memos or telephonic talks , but none can get confirmed e-mail reply from HO on whether extension applications will be effected or not with new rules.

The only reply that people get was clear that new rules will apply on extension applications. People get confused with “ re-applyâ€

willnotbackHSMP
Member
Posts: 139
Joined: Sat Aug 11, 2007 9:39 pm
Location: UK

Post by willnotbackHSMP » Tue Feb 24, 2009 5:08 pm

[quote="confusedhsmp"]


Being migrants, we are strong stake holders in the UK society and the HO should be protecting our interests. The problem is we are not united as a pressure group even though we hold some key senior positions in our organisations, and when you line us all we are one strong part of new emerging UK. I would request my seniors to start a community where we can be represented with set goals and objectives.

quote]

You are right 100%.

Though I'm not on the same boat, but I can easily understand the present mental condition as well as stress of HSMPians after Nov ' 06. The same mental condition and uncertainity I felt when the HO put unfair criteria for FLR. However, all of us know the all history and the much talked JR judgment which saved us . Hopefully upcoming ILR JR will be successful.

Where our's HSMP guide clearly said that any new criteria wont be applicable for us, there HO tried itself put extra bar for us. So, at that time we all HSMPians ( Before Nov 06 ) thought that HO can take any step for its interest in future, lawfully or unlawfully ! Present announcement has proved it.


However, as Confusedhsmp said we all immigrants need a common platform as a pressure group for our own protection. It may be by contact with ' Other' group or making federation within all kinds immigrant's forums.

We seriuosly need a common platform for our own interest.

Just my thought..
Last edited by willnotbackHSMP on Tue Feb 24, 2009 5:10 pm, edited 2 times in total.

simar
Member
Posts: 239
Joined: Tue Sep 16, 2003 2:01 am
Location: cambridge

Re: Can any1 decipher this for me?

Post by simar » Tue Feb 24, 2009 5:08 pm

Gob00st wrote:Hi Simar,

I think the only email confirmation we got from HO has been proven contradicting to itself.
Why you mention "The only reply that people get was clear that new rules will apply on extension applications."

Please correct me if I misunderstood you.

Regards,
Gob00st
simar wrote:
CoolestGuyC wrote:
simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

That said, they always have the liberty to tighten the points system, so that they can stop people from extending their visa(or in other words, kicking them out of UK).
I fully agree with you my friend. All I was trying to convey was to make clear ,"cleverly" written e-mail reply. People here are claiming all sort of memos or telephonic talks , but none can get confirmed e-mail reply from HO on whether extension applications will be effected or not with new rules.

The only reply that people get was clear that new rules will apply on extension applications. People get confused with “ re-applyâ€

Vanadil
Senior Member
Posts: 526
Joined: Wed Oct 29, 2008 11:58 am
Location: London, UK

Post by Vanadil » Tue Feb 24, 2009 5:09 pm

nionlight wrote:
Vanadil wrote:It would be unfair for those currently on HSMPs I do agree. Even to an extent for those who have recently got their Tier 1's before this was announced. (that is of couse if it isn't lowered again by the time they come for thier extensions)

However this change is part of the point of introducing the whole PBS. The Home Offices intentions were clearly stated when it was implemented that they could Raise or lower the bar at will depending on the UK's situation. This is exactly what they have done and it's not really that surprising. I think it will get pushed back for now, but I wouldn’t hold out much hope for the end of the year.

Could someone please explain how people’s human rights are being affected? (Not in an aggressive tone, I'm genuinely interested)
its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home. and there are specific qualification and at that time you know the qualification you need for extension. now just before few months of extension if the rule says you need a masters to extand your visa, how in da world you will get it in given time? whenever a new law comes you have provide sufficient time and resource to allow people to abide by that rule. now for example lets say, government make a rule " from tomorrow, only people who are 7 feet tall can live in this country rest of the people has to lave the country". then how in da world will you feel? if there is a new law, sufficant time or resourc must be given to fullfill the law. you cant just simply introduce any law and make it mandatory from that day to abide by the law. and that is called violtion of human rights

Thanks for not being patronising!!!! :D

My question is... although you say "and at that time you know the qualification you need for extension.", Was it not also clear that the bar and points required were subject to change at the UKBA's disgretion? I have already said, for those on HSMP I sympathise and do not think is should apply to them, but for those on a Tier 1 the rules were there and in place.

z00ps00p
Junior Member
Posts: 54
Joined: Fri Aug 08, 2008 12:06 am
Location: Blighty
Contact:
United Kingdom

Post by z00ps00p » Tue Feb 24, 2009 5:13 pm

I think what the email states is that people who already have Tier 1 visas will not be subjected to the rule, i.e. their status has not been invalidated and they're still permitted to stay and work in the UK at least until the visas run out.

However, a new application (and an application for Further Leave to Remain made later this year would be a new application for a Tier 1 visa) would be subject to the rules, and people may run into trouble getting their extensions.

That's what the reading of the messages from multiple WP customer service personnel posted in this thread suggested to me−when they said people who are already on Tier 1 visas are not subject to the new rules, they weren't talking about extensions, they were talking about our current Tier 1 visas that are already stamped.

Given that the UKBA has taken a declaration from us effectively waiving our "human rights", I don't think we have much recourse at the present point. Maybe we can organise and initiate a civil action, but things are more cut and dry this time around, so it's less likely that we would gain a ruling in our favour, since it can be said that we should have expected this already. (Not that we shouldn't try, but it will take time, money and effort, and the result is even farther from certain this time around.)

I'm not sure we can claim a sense of entitlement, either. After all, the UK isn't our country (yet−technically it's only the Queen's country, although British subjects clearly are granted a permanent, unconditional right to remain), and we don't have any such fundamental right to reside within the UK if we aren't British subjects. We have received permission to stay in the UK for two or three years, and anything after that needs to be renegotiated via a fresh application. Obtaining a Tier 1 visa doesn't entitle us to an extension, it enables us to apply for an extension. If the extension were turned down due to any defect in the application or unmet standards, even as per today's rules, would we have the same sense of entitlement?

It's unfortunate for us, it's harsh, but unfortunately for us we do not have the right to vote in the United Kingdom, with the result that the government doesn't need to care about our desires and needs, just that of its constituents. Of course, a number of us are eventually going to end up UK citizens and our votes will matter then, but I suppose Labour is willing to risk losing our future votes (to whom?) in favour of the British subjects, who clearly vastly outnumber us.

I guess what I'm trying to say is, this shouldn't bother us so much that we go up in arms claiming human rights violations or similar. It is more important for us to come up with Plans B, and follow through on those plans, such as getting immigration into a country that is less mercurial regarding immigration policies and provides permanent residence (or at least something more substantial than what is effectively just a time-bound work permit that doesn't require employer sponsorship, no more, no less) up front.

If the UK doesn't want migrant workers, so be it. There are other fish in the sea, so to speak. Later when the economy improves, maybe the UK will consider streamlining and sanitizing their migrant programmes, maybe they won't. Maybe we won't have to care by that time, one way or another.

I for one hope to apply for immigration elsewhere. Canada closed its doors to programmers last year (we're no longer on the list of shortage occupations). Australia, maybe? I haven't investigated.

There's a whole lot more effort involved in applying for immigration elsewhere, but the end result of a successful application is much more concrete−permanent residence in a developed nation with a high quality of life.
Last edited by z00ps00p on Wed Feb 25, 2009 6:44 am, edited 4 times in total.

aaammmiii
Newbie
Posts: 45
Joined: Wed Apr 19, 2006 12:14 am

Post by aaammmiii » Tue Feb 24, 2009 5:16 pm

unfairworld wrote:
aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.

I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.

My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).

Appreciate if friends let me know if I have mis-understood anything here.

or maybe you can "switch" into tier 1 before April.. then still you get 3 years.. and your hsmp period wd still count towards ILR just incase if rules are applied for HSMP extension. But applying 5 weeks earlier than due date, I personally think is risky, as you are giving the matter in case worker hands to either accept your application earlier or return it to you, and in current circumstances I don't think they will be very flexible,

by the way I am in the same boat. my hsmp due on May 21 and am only bachelors degree.. all eyes on what HO says OFFICIALLY

Well you can apply anytime, there is nothing stopping you to apply now as you are moving from HSMP to Tier1 (extension) you will get the LTR for 3 years from the time it is approved. It was the case in HSMP extension the you could apply more than 6 weeks prior to the expiry date. (I have confirmed this more than once calling 0870 606 7766) not the case now for HSMP to Tier1(extension).

May be we can help each other with the application.
I am kinda stuck because of the Maintenance Funds I have to wait until I get to the 3 months mark.

bonvivz
Junior Member
Posts: 77
Joined: Mon Aug 13, 2007 2:58 pm

Im in the same boat!

Post by bonvivz » Tue Feb 24, 2009 5:41 pm

aaammmiii wrote:
unfairworld wrote:
aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.

I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.

My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).

Appreciate if friends let me know if I have mis-understood anything here.

or maybe you can "switch" into tier 1 before April.. then still you get 3 years.. and your hsmp period wd still count towards ILR just incase if rules are applied for HSMP extension. But applying 5 weeks earlier than due date, I personally think is risky, as you are giving the matter in case worker hands to either accept your application earlier or return it to you, and in current circumstances I don't think they will be very flexible,

by the way I am in the same boat. my hsmp due on May 21 and am only bachelors degree.. all eyes on what HO says OFFICIALLY

Well you can apply anytime, there is nothing stopping you to apply now as you are moving from HSMP to Tier1 (extension) you will get the LTR for 3 years from the time it is approved. It was the case in HSMP extension the you could apply more than 6 weeks prior to the expiry date. (I have confirmed this more than once calling 0870 606 7766) not the case now for HSMP to Tier1(extension).

May be we can help each other with the application.
I am kinda stuck because of the Maintenance Funds I have to wait until I get to the 3 months mark.
Im in the same boat as well stuck with maintenance fund! However from the email what i can understand is , no action required to be taken for the existing HSMP visa holders , until the time we apply for extension under tier-1 thats when she says extensions might be effected.

unfairworld
Newly Registered
Posts: 27
Joined: Sun Feb 22, 2009 6:28 pm

Post by unfairworld » Tue Feb 24, 2009 5:46 pm

aaammmiii wrote:
unfairworld wrote:
aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.

I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.

My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).

Appreciate if friends let me know if I have mis-understood anything here.

or maybe you can "switch" into tier 1 before April.. then still you get 3 years.. and your hsmp period wd still count towards ILR just incase if rules are applied for HSMP extension. But applying 5 weeks earlier than due date, I personally think is risky, as you are giving the matter in case worker hands to either accept your application earlier or return it to you, and in current circumstances I don't think they will be very flexible,

by the way I am in the same boat. my hsmp due on May 21 and am only bachelors degree.. all eyes on what HO says OFFICIALLY

Well you can apply anytime, there is nothing stopping you to apply now as you are moving from HSMP to Tier1 (extension) you will get the LTR for 3 years from the time it is approved. It was the case in HSMP extension the you could apply more than 6 weeks prior to the expiry date. (I have confirmed this more than once calling 0870 606 7766) not the case now for HSMP to Tier1(extension).

May be we can help each other with the application.
I am kinda stuck because of the Maintenance Funds I have to wait until I get to the 3 months mark.
well.. are you sure.. then why can't all these hsmpians be able to extend into tier 1 now then to wait until april, (ofcourse for you I understand the mntance problem) .. I still do believe that there are two routes for HSMP:

1- HSMP can "switch to Tier 1" anytime (but then they will get 3 years and due to incomplete 2 yrs on initial HSMP they might will have to extend tier 1 again to complete 5 yrs for ILR)

2- OR HSMP can complete their 2 years and at the end of visa "extend to Tier 1" and that way they get 2+3 which will take them to ILR without any further extension. But here ofcourse they have to wait until the end of their initial HSMP.

Please correct me if I am wrong, I understand option 1 is available but it has a catch if you know what i mean.. which is after 3 yrs time you again have to go for ext. and who knows what rules for ext. will be at that time.. ( any other person suggestion will be appreciated as well )

aaammmiii
Newbie
Posts: 45
Joined: Wed Apr 19, 2006 12:14 am

Re: Im in the same boat!

Post by aaammmiii » Tue Feb 24, 2009 6:04 pm

bonvivz,

may be you can explain your situation with the maintenance funds in the thread below:
http://www.immigrationboards.com/viewtopic.php?t=35711

rohitv
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Posts: 7
Joined: Mon Feb 23, 2009 9:09 pm

Post by rohitv » Tue Feb 24, 2009 6:06 pm

I don't think option 1 is possible, You can't extend HSMP before 45 days are left in visa expiry date. If that would have been possible you could always avoid the new rules by applying just before the rules are about to be announced.

You must wait for (Expiry Date - 45 days) before applying for extension.

InUkOnHsmp
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Posts: 740
Joined: Mon Feb 18, 2008 2:36 pm
United Kingdom

Post by InUkOnHsmp » Tue Feb 24, 2009 6:11 pm

Hi aaammmiii,

What you say there is intriguing.

I came to the Uk on an hsmp visa in January 2008, and my initial hsmp visa expires January 2010. Do you mean to say that I can apply for an extension in the first week of March 2009 and get a 3 years extension starting March 2009? Note that I am just a graduate.

From your post I got the impression that this would not have been possible earlier, as I would not have been able to apply more than 5 weeks before the expiry, but now it is perfectly possible! Please clarify.

I am asking you this as I have just lost my job to redundancy and going by the state of the job market, can foresee problems with earning criteria at the time of extension. However, if I can get an extension now, it would be the best way out.

Looking forward to your response.

Regards

unfairworld
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Posts: 27
Joined: Sun Feb 22, 2009 6:28 pm

Post by unfairworld » Tue Feb 24, 2009 6:25 pm

rohitv wrote:I don't think option 1 is possible, You can't extend HSMP before 45 days are left in visa expiry date. If that would have been possible you could always avoid the new rules by applying just before the rules are about to be announced.

You must wait for (Expiry Date - 45 days) before applying for extension.
you are right when you say.. "extending" but in OPTION one I am saying "switching" which essentially means you have switched from HSMP into part one of Tier 1 .. and this is perfectly valid as HSMP is one of the recognised category to switch into Tier 1.. see here..

http://www.ukba.homeoffice.gov.uk/worki ... s/#header1

plz correct me if I am wrong ..

unfairworld
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Posts: 27
Joined: Sun Feb 22, 2009 6:28 pm

Post by unfairworld » Tue Feb 24, 2009 6:32 pm

InUkOnHsmp wrote:Hi aaammmiii,

What you say there is intriguing.

I came to the Uk on an hsmp visa in January 2008, and my initial hsmp visa expires January 2010. Do you mean to say that I can apply for an extension in the first week of March 2009 and get a 3 years extension starting March 2009? Note that I am just a graduate.

From your post I got the impression that this would not have been possible earlier, as I would not have been able to apply more than 5 weeks before the expiry, but now it is perfectly possible! Please clarify.

I am asking you this as I have just lost my job to redundancy and going by the state of the job market, can foresee problems with earning criteria at the time of extension. However, if I can get an extension now, it would be the best way out.

Looking forward to your response.

Regards
well for you I would advise to switch to tier 1 right now as you might easily fulfill the criteria which may get dffcult laterz as you are redundant, I personally do believe you can switch to tier 1.. acc to:

http://www.ukba.homeoffice.gov.uk/worki ... s/#header1

any other experienced person suggstion will be appreciated

rohitv
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Posts: 7
Joined: Mon Feb 23, 2009 9:09 pm

Post by rohitv » Tue Feb 24, 2009 6:36 pm

apologies guys, Now i understand that i can switch to tier 1 anytime by sacrificing remaining time on initial hsmp visa.

maximux79
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Posts: 159
Joined: Mon Feb 23, 2009 3:09 pm

Post by maximux79 » Tue Feb 24, 2009 7:48 pm

I've just read the details mentioned in he link below....I found the following details in the same link

""It applies if you are in the United Kingdom in any category except as a highly skilled worker (Tier 1 General) or under the Highly Skilled Migrant Programme. If you are already in either of these two categories, you should read the section on extending your stay.

You should read the section on eligibility first, to make sure you meet the requirements to apply."""

This would clearly help....

unfairworld wrote:
InUkOnHsmp wrote:Hi aaammmiii,

What you say there is intriguing.

I came to the Uk on an hsmp visa in January 2008, and my initial hsmp visa expires January 2010. Do you mean to say that I can apply for an extension in the first week of March 2009 and get a 3 years extension starting March 2009? Note that I am just a graduate.

From your post I got the impression that this would not have been possible earlier, as I would not have been able to apply more than 5 weeks before the expiry, but now it is perfectly possible! Please clarify.

I am asking you this as I have just lost my job to redundancy and going by the state of the job market, can foresee problems with earning criteria at the time of extension. However, if I can get an extension now, it would be the best way out.

Looking forward to your response.

Regards
well for you I would advise to switch to tier 1 right now as you might easily fulfill the criteria which may get dffcult laterz as you are redundant, I personally do believe you can switch to tier 1.. acc to:

http://www.ukba.homeoffice.gov.uk/worki ... s/#header1

any other experienced person suggstion will be appreciated

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