April 6th too short deadline for PSW to Tier 1 (Gen) switch

[KHobbes]

Hello

I have been working with a Pvt. Ltd. company for two years now (first year on IGS, 2nd year on Tier 1 PSW) and have been preparing for over a year to switch to Tier 1 (General).

With my visa expiring on June 30, I was fully prepared to apply for visa switch on the first week of June 2010. I had no clue the rules would change on March 18th, just three months before I could apply... even after having kept myself up-to-date. And April 6th is too short a deadline to buck-up and apply by post (I have maintenance only from mid Feb to apply in June) or in person (getting an appointment is a nightmare), with just three weeks in-between, including easter holidays and weekends!

My question is:

1. Is it right / fair on the part of UKBA to rush up the new rules to be effective from April 6th, announcing it for the public just three weeks before, i.e. on March 18th 2010

2. How justified are the years of preparation (renewing visa every year, saving etc.) that one has gone through to get to a stage where they are legally qualified to apply and stay, only to be told that the rules have changed?

3. Worse still, that there is no transitional arrangements in place for people on PSW who have earlier been given permission to stay AND switch to Tier 1 (General), and just at the point of application, have been told they can NOT do so, because of increased salary band?

4. Is there a place that I can ask for advice in my case (and other's case if applicable) to be considered as an exception, because I feel everyone who has been given permission to stay on PSW has been serious about the switch and have been preparing for it. PSW category has been completely ignored and alienated by the new rules. To be fair, this category would have to be allowed for the switch in their given time rightly.

5. Instead of a fleeting rule for everyone effective from April 6th, that affects a lot of genuine PSW cases who have been working hard towards a switch, it would have been wiser to have had a flexible system which includes exceptions in such cases.

Thanks you for your sympathy and any help, appreciate it.

[arsenal49]

Someone always suffer when rules changes and yes it appears people who were working for last 12 months or so on psw to get tier 1 visa have definitely suffered but im afraid thats Home Office for you...

It doesnt matter how justified/right HO is in issuing these changes. The fact of the matter is rules have changed and approved by government and there is nothing one can do to change it except maybe in 6-8 months when another review will take place.

You could look into tier 2 option as you will easily qualify for tier 2 providing your employer is willing to fork out approx. 500 pounds in fees to get on UKBA register and give you certificate of employment.

Earnings wont be an issue there and you will satisfy tier 2 requirement easily since you will have been working for yor employer for last 6 months while on psw and that would give you 30 points automatically.

Research tier 2 option as thats the only alternative you have got...

Regards

[KHobbes]

Thanks Arsenal49.

I am now left with the only choice, to go for Tier 2! I just feel so cheated that three years of my life and career here has been all useless when they decide to play with it!

I am surprised no one on PSW has raised a big issue over this unfairness. Are we not people of this nation too? I have contributed to public and community good even while in my PSW visa (have conceived, organised and participated in art exhibitions with local artists in empty shops and malls for free, giving opportunities for local artists). I feel let down that none of my contributions would matter in their in-flexible rules system!

Also wish someone could confirm to me that the new changes announced on March 18th wasn't available any time earlier, because I have been keeping myself up-to-date, and now with none of the other PSW'ers making a fuss, just wondering how they can (or expect to be) be prepared ahead.

Thank you again. This has been of great help!

[blaze007]

Hi KHobbes,

Even my friend is in the same situation.

We totally disagree with HO decision and we are going to send a letter to the concerned government staff detailng how this has affected many of our lives and career and the notice period is too short to make any plans.

Lets all raise our voice. It has to be addressed. We just cannot keep quite thinking that the government has made a decision and therefore nothing can be done. And we cannot loose our hope thinking that "Someone always suffer when rules changes.." and be one of those "Someone".

May be I have posted the below topic in the wrong section. I was surprised how no one is in this situation. You are the first one I saw in this forum other than me.

http://www.immigrationboards.com/viewto ... 022#353022

May be we can address this to HSMP Forums LTD who won the HSMP Judicial Review.

Thanks

[KHobbes]

Thank you Blaze007. I read through the other thread of yours, very informative.

I am sure we must be given a chance to be heard by some decision making authority, even if the result turns out to be negative.

We can at-least rest assured that our case was heard!

Please keep me and others here informed of your proceedings with the review!

Thanks.

[vinata]

My advice would be not to panic. You have a few options.

1. Your employer can pay you a bonus to cover up for the difference. However, you and the employer would have to pay tax on it. So, if you are a valuable employee, your employer may actually agree to it. Speak to them, explain your problem and see what happens.

2. Start doing self-employed work, at weekends for example. You can type in letters, design websites or look after children. Doen't matter what you do, but if you earn enough to cover up for the difference, you will be fine.

So, keep up and off you go.

[Rash84]

Guys I am really chuffed to see someone else stuck in the same situation as me. My current PSW leave expires in the first week of June. I am exactly in the same situation as described above. I have a dream Job which I wouldn't give up for anything and I've been carefully planning the Switch to HSW general and suddenly the news struck me out of the blue a week ago. It is very unfair for us PSW to undergo the new regulations without any transitional arrangements. I can't see myself going back home after spending over 3 years in the UK, studying and working.
I would more than welcome the idea of getting our voices over to the authorities, but it will take quite a while for any significant change to take place, if possible at all. Therefore I am going to focus on how to get my application accepted, and the only way I see of doing that is speaking to my employer and asking about the possibility of a bonus pay to top the earnings up to 30K. It just seems so ridiculous that even though I have a Master's degree and I max out on all the other criteria, 27K of earnings wouldn't qualify me anymore as highly skilled! What a shame. They're not controlling immigration, they are kicking worthy skilled people out of the country!

[arsenal49]

Guys I am really chuffed to see someone else stuck in the same situation as me. My current PSW leave expires in the first week of June. I am exactly in the same situation as described above. I have a dream Job which I wouldn't give up for anything and I've been carefully planning the Switch to HSW general and suddenly the news struck me out of the blue a week ago. It is very unfair for us PSW to undergo the new regulations without any transitional arrangements. I can't see myself going back home after spending over 3 years in the UK, studying and working.
I would more than welcome the idea of getting our voices over to the authorities, but it will take quite a while for any significant change to take place, if possible at all. Therefore I am going to focus on how to get my application accepted, and the only way I see of doing that is speaking to my employer and asking about the possibility of a bonus pay to top the earnings up to 30K. It just seems so ridiculous that even though I have a Master's degree and I max out on all the other criteria, 27K of earnings wouldn't qualify me anymore as highly skilled! What a shame. They're not controlling immigration, they are kicking worthy skilled people out of the country!

sorry to hear about your predicament... can you please elaborate how come you are not able to gain enough points with 27k of earning and masters degree! I will be very interested to see how many points you are earning in each category? would you be kind enough to post it here

regards

[Rash84]

sorry to hear about your predicament... can you please elaborate how come you are not able to gain enough points with 27k of earning and masters degree! I will be very interested to see how many points you are earning in each category? would you be kind enough to post it here

regards

Thanks for the reply Arsenal49,
The breakdown of points goes as follows:
65 points (out of the required 75) for my attributes:
Age: 20 points (out of 20 MAX)
Qualifications: 35 points (Master's degree in Engineering)
previous earnings: 5 points (25,000 - 29,999)
experience in the UK: 5 points

10 points for English language
10 points for available maintenance (funds).

so 65/75 + 20/20 Doesn't meet the minimum criteria!!
This band of earnings would've scored me 15 or 20 more points the regulations haven't had changed recently
Regards.

[arsenal49]

i see your point now... well we hope they relax the rules a bit(in 6-8 months time) because job that pays you 27 k can only be termed as "highly skilled" job. its just a shame that immigration system doesnt recognise this fact!!

all the best

[tahnyuh]

[deleted]

[vivianaul84]

Hello KHobbes,

Did you manage to sort out your visa? I am exacly in the same situation. that you. The only thing is that I have some few months more of my VisaTier 1 (PSW).

Do you know about anyone who may have had the same issue and have been succcesful undertaking self employed job?

[ads]

Hi All,

Apologies for giving the bad news but the minimum salary bracket for someone on PSW to switch to Tier1 is 35000 pounds which will give the 100 points reqd.


I am in the same situation as you all and am pretty frustrated with the constant change of rules.

Cheers

[vivianaul84]

Hello,

Sorry but I do not understant, As far as I know we should score 95 in total not 100? Please tell me where does it say 100point require for people switching from PSW to TIER 1General please?

[feriel]

Hi All,

I am in the same boat as the above participants.
I am earning more than 40k but being 33 years old make me out of the HO criteria to switch from PSW to HSMP (I have more than 3 EU masters and 2 MBA).

Asking my boss to apply for the Tier2, he will be more than happy to do it but is a trap for a people like me who are overqualified, with high skills and want their freedom.

The HO should look to each dossier individually and stop using the tick box system as there are putting all the eggs in the same basket.

We should do something to push our area MPs to look to these new rules and giving them advices not just complains.

[chhimobu]

Hi All,
Here comes another escape goat! I was so happy when I got PSW and planned to switch to tier 1 general asap. But, due to this new regulations, I can't switch now. It's really frustrating. Don't know what to do. Anyone got any idea??

[ads]

The new HO rules require 100 points instead of 95 for making the switch to Tier 1 from PSW. The guidance will be issued on July 19

[Blhuesheep]

Hi

As we all agreed that this decsion really affects thousands of PSW visa holders.I think it is important that we should take this issue to the court.

We need to act quickly.

[tahnyuh]

[deleted]

[Papa2010]

Hi All,

I definitely agree with all of you. It is a shame that when this Nation portrays itself as a nation that respects rights and this sorts of treatments happenning all over where is that claim for respect of rights and fair play.

It is time to let the politicians know that they cannot continue to use immigrants as scapegoats when their own self-interest triggered policies failed.

Say, for instance, when they ask highly skilled immigrants to come or remain and take up a career their right to private and/or family life should be respected. If they bring in new rules let that start with new comers but not the ones already settled or in the middle of settling.

I have come to think that there are so many dearly beloved civil servants within the government here who are working with some dearly beloved groups and doing things under cover, say, in the name of controlling immigration, without politician having much clue about it.

Lets fight these sort of injustices.

Thanks to you all, and Good luck!

Papa.