Is The New Tier-1 Rule Clear Enough?

[nionlight]

Hello all,

What's your thought about the new Tier- 1 rule which is published yesterday. In the link

http://www.ukba.homeoffice.gov.uk/sitec ... hlyskilled



it says: The Tier 1 (General) changes will apply to migrants who are applying for permission to enter the United Kingdom in this category for the first time, or who are applying to switch into the Tier 1 (General) category from another category.



Now if you look at page 11 of guidance, Link is,



http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf



it says about the category who can switch in the Tier-1. and HSMP is there:



Switching is permitted by applicants who have, or were last granted, leave as :

a Highly Skilled Migrant;•
an Innovator;•

a Participant in the Fresh Talent: Working in Scotland • Scheme;

a Participant in the International Graduates Scheme (or • its predecessor, the Science and Engineering Graduates Scheme);

……

now what does it mean? Are we switching or extending? To make things more vague HO made 2 categories for HSMP and Tier-1 extension just for age ( may be its 2 different criteria that's why). Its in page 15 of guidance. Again for qualification, they don't mention neither HSMP nor Tier-1. it just talks about extension. Its in page 16.


Now my question to all of you, is it really very hard to publish a nice and clean Rule, rather then making all this confusion? or its just me who is lack of immigration knowledge? What's you thought about it? Are we switching or extending? And from the published rule can we say for Sure we HSMP holders are exempted from the new rule?

[Tier1_Bristol]

Hello all,

What's your thought about the new Tier- 1 rule which is published yesterday. In the link

http://www.ukba.homeoffice.gov.uk/sitec ... hlyskilled



it says: The Tier 1 (General) changes will apply to migrants who are applying for permission to enter the United Kingdom in this category for the first time, or who are applying to switch into the Tier 1 (General) category from another category.



Now if you look at page 11 of guidance, Link is,



http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf



it says about the category who can switch in the Tier-1. and HSMP is there:



Switching is permitted by applicants who have, or were last granted, leave as :

a Highly Skilled Migrant;•
an Innovator;•

a Participant in the Fresh Talent: Working in Scotland • Scheme;

a Participant in the International Graduates Scheme (or • its predecessor, the Science and Engineering Graduates Scheme);

……

now what does it mean? Are we switching or extending? To make things more vague HO made 2 categories for HSMP and Tier-1 extension just for age ( may be its 2 different criteria that's why). Its in page 15 of guidance. Again for qualification, they don't mention neither HSMP nor Tier-1. it just talks about extension. Its in page 16.


Now my question to all of you, is it really very hard to publish a nice and clean Rule, rather then making all this confusion? or its just me who is lack of immigration knowledge? What's you thought about it? Are we switching or extending? And from the published rule can we say for Sure we HSMP holders are exempted from the new rule?

Thats a good find. However, I wouldnt worry much about it as Point 86 at page 17 clearly mentions that HSMP folks will be granted for Bachelors:

86. An applicant who has previously 86. been given permission to stay in the United Kingdom under Tier 1 (General) or the Highly Skilled Migrant Programme, and previously scored points for the same qualification for which he/she wishes to claim points in his/her current application, does not need to send evidence of his/her qualification again.


And

I think the table that you are referring (in page 11) gives an overview of who are eligible to apply for Tier 1 within country. For ex. it doesnt have HSMP dependents etc. So, I wouldnt bother much about it.

Cheers
Gita

[ThirdWorldTraveller]

Hello all,

What's your thought about the new Tier- 1 rule which is published yesterday. In the link

http://www.ukba.homeoffice.gov.uk/sitec ... hlyskilled



it says: The Tier 1 (General) changes will apply to migrants who are applying for permission to enter the United Kingdom in this category for the first time, or who are applying to switch into the Tier 1 (General) category from another category.



Now if you look at page 11 of guidance, Link is,



http://www.ukba.homeoffice.gov.uk/sitec ... 310309.pdf



it says about the category who can switch in the Tier-1. and HSMP is there:



Switching is permitted by applicants who have, or were last granted, leave as :

a Highly Skilled Migrant;•
an Innovator;•

a Participant in the Fresh Talent: Working in Scotland • Scheme;

a Participant in the International Graduates Scheme (or • its predecessor, the Science and Engineering Graduates Scheme);

……

now what does it mean? Are we switching or extending? To make things more vague HO made 2 categories for HSMP and Tier-1 extension just for age ( may be its 2 different criteria that's why). Its in page 15 of guidance. Again for qualification, they don't mention neither HSMP nor Tier-1. it just talks about extension. Its in page 16.


Now my question to all of you, is it really very hard to publish a nice and clean Rule, rather then making all this confusion? or its just me who is lack of immigration knowledge? What's you thought about it? Are we switching or extending? And from the published rule can we say for Sure we HSMP holders are exempted from the new rule?

Thats a good find. However, I wouldnt worry much about it as Point 86 at page 17 clearly mentions that HSMP folks will be granted for Bachelors:

86. An applicant who has previously 86. been given permission to stay in the United Kingdom under Tier 1 (General) or the Highly Skilled Migrant Programme, and previously scored points for the same qualification for which he/she wishes to claim points in his/her current application, does not need to send evidence of his/her qualification again.


And

I think the table that you are referring (in page 11) gives an overview of who are eligible to apply for Tier 1 within country. For ex. it doesnt have HSMP dependents etc. So, I wouldnt bother much about it.

Cheers
Gita

point Gita..Add that to point 77 which says..

77. There may be a very small number of applicants who are currently in the United Kingdom under Tier 1 (General) or the Highly Skilled Migrant Programme and whose qualification has previously been assessed to be of a higher level than shown by the Tier 1 (General) points based calculator. These applicants may claim the higher points score, in line with the previous assessment, provided they are using the same qualification as used in their initial application. Appendix A paragraph 7 of the Immigration Rules gives more details.

This implies that we can always claim 30 points for our bachelor degree even if doesn't exist in the points table.

However, question still remains on why it is so difficult to put clear guidelines in plain English?

[drjabberwocky23]

The guidance is poorly written, but HSMP holders will be extending into Tier 1 and not switching.

[nnj10]

The guidance is poorly written, but HSMP holders will be extending into Tier 1 and not switching.

Agree, This new guidance is all but just modifying some of the para. from the current guidance (may confuse specially people on HSMP wanting to extend to Tier-1 (general).

My take is that, Existing HSMP holder (from 05-Dec-2006) are not affected by new rules as they are applying for extension, but other in country applicants like WP holders etc. will be affected as they are switching to T1G.

[maheshnair]

The guidance is poorly written, but HSMP holders will be extending into Tier 1 and not switching.

Agree, This new guidance is all but just modifying some of the para. from the current guidance (may confuse specially people on HSMP wanting to extend to Tier-1 (general).

My take is that, Existing HSMP holder (from 05-Dec-2006) are not affected by new rules as they are applying for extension, but other in country applicants like WP holders etc. will be affected as they are switching to T1G.

Dont worry guys . The application form itself says 1) initial 2)extension


2) extension

--> r u hsmp
--> r u tier1

etc

Also HO wont do the mistake they did in 2006 again ....as they got a good response for that from the UK judiciary ....

[nionlight]

quote]




Dont worry guys . The application form itself says 1) initial 2)extension


2) extension

--> r u hsmp
--> r u tier1

etc

Also HO wont do the mistake they did in 2006 again ....as they got a good response for that from the UK judiciary ....[/quote]

the form is not updated yet. it is still the old form. new tier-1 applicants also can get point for bachelor in that form. so it means it is still old form. new form will be updated after 30th march i think.