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As said before thats my fear and understanding of this new release.nnj10 wrote:Guys,
Can you look at Page 10 of Tier-1 (General) guidance, it says the leave to remain is granted for 3 year, when the previous grant of leave is not under T1G, and then it refer it as Switching.
The PBS HSMP is (was) 2 + 3 Year system,
The new Tier-1 is 3 + 2, but any one who is on HSMP applying to extend the leave (under Tier-1 (general)), is given the leave for 3 years,
So does this mean, anyone with HSMP is applying for (extension of HSMP), but switching to Tier-1 (General) to gain 3 years of leave, and hence he/she is affected by the new rules at the link.
I hope, I am 100% wrong in saying above, but I (and I guess many of us), do expect that HO will play it dirty this time again....
Indeed!confusedhsmp wrote:I think that probably does conclude our discussion on this issue.
Ben White is from policy department and would be the most credible source to get accurate information. Cleary he has done justice by explaining that extension application wont be treated as first term applications.
This is what we were looking for and we finally got.
Thank you to everyone who participated and the guys who actually did something by writing emails and signing petitions.
according to a previous post any application not approved will be dealt with under the new rules! i dont know how this is possible as it would be unlawful.confusedhsmp wrote:what do you mean? clarify please. Thanksdfurletti wrote:Oh well, there goes my life, i was planning on going home to apply this weekend. THere goes that idea?!
good point. Didnt think about that!jmll wrote:But he didnt mentioned if he regarded HSMP extension application as a T1 extension or a new application ... Forgive my paranoid although I am already convincedI can confirm that we will not treat applications to for extensions as applications for a first period of leave under Tier 1 (General).
That's the very one we are talking about ! Good work jimmy !jimmymcad wrote:Good afternoon to all of you . Hi i got his reply too:
Dear Sir,
My name is XXX and i work under HSMP visa valid from September 2007 to september 2009. I will need an extension to Tier 1 - General Migrant to get 3 years FLR before 5 weeks of my expiry date i.e. before Sep 2009.
I have gone through the "Statement of Changes in Immigration Rules" document in details released on the UKBA website.
Based on the following paragraph document , i have few queries in my mind.
"Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave."
1. Will it effect the existing HSMP migrant who wishes to extend their application in Tier 1 - General Migrant? I am confused because there is no where mentioned about the HSMP Migrants. . Please confirm
2. Will I be applying for extension from HSMP to Tier 1 General under the same old rule and will not judge by the new critera which is going to be implemented in April 2009?.
I am sorry that i am confused. Please if you can write few comments on my query. I look forward to hearing from you soon.
Many thanks,
XXXX
His Reply To my EMAIL
RE: Query regarding the "Statement of Changes in Immigration Rules"Tuesday, March 10, 2009 2:57 PM
From: "White Benjamin" <Benjamin.White33@homeoffice.gsi.gov.uk>Add sender to ContactsTo: "XXX
Dear XXX
Thank you for your enquiry about the HC314. I can confirm that we will not treat applications to switch from HSMP into Tier 1 (General) as applications for a first period of leave under Tier 1 (General). This means that the new requirements will not apply to switchers. This will be catered for in revised guidance to be published on 31 March.
Regards
Ben
Ben White
Immigration Policy
United Kingdom Border Agency
11th Floor
Apollo House
Croydon
Tel 020 8760 8635
All applications once you are in the uk is an "extension" of leave to remain. Anyway when i spoke to Mr.White on the phone earlier he didnt know either and said he would find out and get back to me. Still waiting. = (confusedhsmp wrote:I am afraid but i doubt they would treat Tier 1 (Post STudy) to Tier 1 (General) as extension.static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh
From what you said and the post above yours, I think you may well not be treated under new rules as the new email reply says that it wont effect switchers!static_restart wrote:All applications once you are in the uk is an "extension" of leave to remain. Anyway when i spoke to Mr.White on the phone earlier he didnt know either and said he would find out and get back to me. Still waiting. = (confusedhsmp wrote:I am afraid but i doubt they would treat Tier 1 (Post STudy) to Tier 1 (General) as extension.static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh
I guess we will know more clearly in the coming weeks. I really think someone needs to work on their drafting skills at the HOconfusedhsmp wrote:From what you said and the post above yours, I think you may well not be treated under new rules as the new email reply says that it wont effect switchers!static_restart wrote:All applications once you are in the uk is an "extension" of leave to remain. Anyway when i spoke to Mr.White on the phone earlier he didnt know either and said he would find out and get back to me. Still waiting. = (confusedhsmp wrote:I am afraid but i doubt they would treat Tier 1 (Post STudy) to Tier 1 (General) as extension.static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh
So good news for you for now.