Changes announced to the Immigration Rules

nnj10 · Post by **nnj10** » Tue Mar 10, 2009 1:29 pm

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....

confusedhsmp · Post by **confusedhsmp** » Tue Mar 10, 2009 2:00 pm

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....

As said before thats my fear and understanding of this new release.

The only reason to be optimistic are the emails and telehone confirmations! and i really do hope HO plays fair game.

ashik_a_s · Post by **ashik_a_s** » Tue Mar 10, 2009 2:11 pm

For all users who are confused abt the new rules and also abt extending from HSMP to Tier 1.... here is the answer i have received from the guy who have written the rule......

ppl like confusedhsmp and nionlight calm down atleast now.....

Dear a****

Thank you for your enquiry. The change will not affect migrants who already have leave under tier 1 and are seeking an extension of that leave. Therefore these changes will not be applicable to you.

Regards

Ben

Ben White

Immigration Policy

United Kingdom Border Agency

11th Floor

Apollo House

Croydon

Tel 020 8760 8635

- Hide quoted text -
-----Original Message-----
From: a**** as [mailto:a****.as@gmail.com]
Sent: 10 March 2009 8:52 AM
To: White Benjamin
Subject: Query regarding change in Immigration Rules

Hi,

With regards to the recent announcement of changes in Tier 1 from April 2009 as seen on http://bia.homeoffice.gov.uk/siteconten ... oughertest and also with document published on 09 March 2009 Statement of Changes in Immigration Rules

on Page 40

Amendments to Tier 1 of the Points Based System

7.14 Tier 1 of the Points Based System caters for highly skilled migrants and was fully launched on

30 June 2008. This Statement of Changes makes a number of amendments to it, of which the key

ones are:

Applicants under yy the Tier 1 (Post-Study Work) route will receive no points for post graduate
certificates and diplomas other than UK Postgraduate Certificates of Education.

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 Â£20,000. This change will not
affect migrants who already have leave under Tier 1 and are seeking an extension of that
leave.

My HSMP was approved on 28-Nov-2007 and i have the leave to remain until Feb 2010. So when i am applying for FLR(further Leave to Remain) in Feb 2010, I will be applying leave under Tier -1 Category so that the changes that have neen made effective from April 1st, 2009 ( like Master's Degree and ) will not be applicable to me?....

Because the Statement is not clear and it needs to be addressed regarding the people who are already under HSMP (after Dec 2006).

Request you to please answer my above query.

Thanks,

a****

hardraj · Post by **hardraj** » Tue Mar 10, 2009 2:16 pm

Hello Ashik,

Unfortunately - Ben has only reiterated what is already there - he clearly has not mentioned HSMP holders - only made a mention to Tier 1 holders and as nionlight and confusedhsmp have already pointed - this is the source of the problem.

confusedhsmp · Post by **confusedhsmp** » Tue Mar 10, 2009 2:22 pm

Yes it doesnt help at all! I mean he is repeating what is already contained in the new policy sheet.

WHAT we want to know is about current HSMP holders.

Ashik_a_s your email does confuses the reader to think that you are under tier 1 visa, in a way atleast.

We clearly do not have leave under Tier 1 and i think we might be affected.

bad day.

ashik_a_s · Post by **ashik_a_s** » Tue Mar 10, 2009 2:22 pm

I have clearly mentioned that i am on HSMP (after Dec 2006) and when i am applying for FLR it comes under Tier -1 .... so finally you will not be afftecetd if you are a HSMP Holder....

If you still want to argue on that you can and finally you will get a clear picture when they publish thier rules on website...

And it will be very clear to you and the answer will be a HSMP HOLDERS WILL NOT BE AFFECTED

jmll · Post by **jmll** » Tue Mar 10, 2009 2:36 pm

I agree with ashik_a_s, I guess the reason they mentioned T1 all the time but not HSMP is because they treated T1 as an HSMP replacement rather than different category. I think we've got enough evidence that HSMP is not gonna be affected (emails, calls...), but we still cannot convince ourselves because we havent seen the actual words on paper

dfurletti · Post by **dfurletti** » Tue Mar 10, 2009 2:38 pm

Oh well, there goes my life, i was planning on going home to apply this weekend. THere goes that idea?!

confusedhsmp · Post by **confusedhsmp** » Tue Mar 10, 2009 2:42 pm

dfurletti wrote:Oh well, there goes my life, i was planning on going home to apply this weekend. THere goes that idea?!

what do you mean? clarify please. Thanks

umanghere · Post by **umanghere** » Tue Mar 10, 2009 3:03 pm

I got reply too from Mr Ben

Hi Ben,
My name is Umang and I have visa under HSMP which is valid till Sep 2009.I have to apply extension for leave to remain under Tier One.
wrt the statement of changes inimmigration rules published as below
http://www.ukba.homeoffice.gov.uk/sitec ... /hc314.pdf

Page 40
'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 Â£20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.'

Can you please confirm that these changes will also NOT affect people currently on HSMP and seeking extension under Tier 1.

I understand that HSMP is replaced by Tier 1, however its not clearly mentioned in the above statement.

Regards,
Umang

fromWhite Benjamin <Benjamin.White33@homeoffice.gsi.gov.uk>
toUmang xyz <email address>

dateTue, Mar 10, 2009 at 2:56 PM
subjectRE: Query :statement of changes in immigration rules-published on 9/3/09

Dear Umang

Thank you for your enquiry about the HC314.

I can confirm that we will not treat applications to for extensions as applications for a first period of leave under Tier 1 (General).
This means that the new requirements will not apply to extensions. This will be catered for in revised guidance to be published on 31 March.

Regards

Ben

---------

In my email i mentioned i am on hsmp and he confirmed that mine is NOT first period of leave under Tier one.
further he confirms that new req will not apply to extensions.

Regarding my question that this is not very clear he has said that it will come up in revised guidance.

confusedhsmp · Post by **confusedhsmp** » Tue Mar 10, 2009 3:11 pm

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.

jmll · Post by **jmll** » Tue Mar 10, 2009 3:15 pm

I can confirm that we will not treat applications to for extensions as applications for a first period of leave under Tier 1 (General).

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 convinced

Gob00st · Post by **Gob00st** » Tue Mar 10, 2009 3:19 pm

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.

Indeed!

dfurletti · Post by **dfurletti** » Tue Mar 10, 2009 3:26 pm

confusedhsmp wrote:
dfurletti wrote:Oh well, there goes my life, i was planning on going home to apply this weekend. THere goes that idea?!
what do you mean? clarify please. Thanks

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.

Please clarify!!

confusedhsmp · Post by **confusedhsmp** » Tue Mar 10, 2009 3:27 pm

jmll wrote:
I can confirm that we will not treat applications to for extensions as applications for a first period of leave under Tier 1 (General).
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 convinced

good point. Didnt think about that!

But yes if you read Ben's email in context of the orignal writers, it starts making sense.

Eventhough Ben hasnt mentioned HSMP applicants in his email, i think he implies it when he goes on to say "...not treat applications to for extensions as applications for a first period of leave under Tier 1 (General). "

And the only type of applications for extension are from Tier 1 to Tier 1 AND HSMP to Tier 1.

static_restart · Post by **static_restart** » Tue Mar 10, 2009 3:35 pm

I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh

confusedhsmp · Post by **confusedhsmp** » Tue Mar 10, 2009 3:42 pm

static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh

I am afraid but i doubt they would treat Tier 1 (Post STudy) to Tier 1 (General) as extension.

jimmymcad · Post by **jimmymcad** » Tue Mar 10, 2009 3:42 pm

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 Â£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

jmll · Post by **jmll** » Tue Mar 10, 2009 3:45 pm

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 Â£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

That's the very one we are talking about ! Good work jimmy !

static_restart · Post by **static_restart** » Tue Mar 10, 2009 3:46 pm

confusedhsmp wrote:
static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh
I am afraid but i doubt they would treat Tier 1 (Post STudy) to Tier 1 (General) as extension.

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 · Post by **confusedhsmp** » Tue Mar 10, 2009 3:48 pm

static_restart wrote:
confusedhsmp wrote:
static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh
I am afraid but i doubt they would treat Tier 1 (Post STudy) to Tier 1 (General) as extension.
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. = (

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!

So good news for you for now.

static_restart · Post by **static_restart** » Tue Mar 10, 2009 3:50 pm

confusedhsmp wrote:
static_restart wrote:
confusedhsmp wrote:
static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh
I am afraid but i doubt they would treat Tier 1 (Post STudy) to Tier 1 (General) as extension.
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. = (
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!

So good news for you for now.

I guess we will know more clearly in the coming weeks. I really think someone needs to work on their drafting skills at the HO

Tier1G · Post by **Tier1G** » Tue Mar 10, 2009 3:51 pm

static_restart wrote:I still haven't gotten any reply from White regarding .. "Tier 1 (post study) to Tier 1(general)" extensions. *sigh

I think extension here only means Tier 1 (general) or HSMP to Tier 1 (general). Tier 1 (Post-Study Work) belongs to switching route.

realitycheck · Post by **realitycheck** » Tue Mar 10, 2009 3:52 pm

lol poor guy he's probably wondering how everyone got hold of his direct email address

I love the way they're not planning to release the guidance until the 31st - after the new scheme has commenced! I wonder if there are any surprises in there that they don't want us to find out about... eg. something that would cause a great flood of extension applications if it was made public before the 31st

jimmymcad · Post by **jimmymcad** » Tue Mar 10, 2009 3:56 pm

Yes this "Tier 1" word was just putting me in doubt everytime therefore I intentionally used "HSMP" keywords many tims in my email so that atleast he could quote the exact HSMP word and he did:). And also for all other switchers, it seems a relief now.

His reply is different in different emails atleast he is not following/copying 1 template:)

Cheers,
Jimmy

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Changes announced to the Immigration Rules

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Re ashik_a_s response