Post Study to Tier 1 General

[tahnyuh]

[Deleted]

[d1o]

I've looked around but haven't seen any topics about this...

I received a Tier 1 Post Study visa in December 2008, as it was marketed as the 'bridge to highly skilled or skilled work'. I invested my money/time into this visa because it was designed to enable graduates the opportunity to meet the requirements of the Tier 1 General visa. Therefore as I was applying, I calculated that with a position that paid £20,000 annually (which I opted for) I would receive the Tier 1 General visa without problem. The 'bridge' investment appeared to be quite straight-forward.

However, in April 2010 the Tier 1 General requirements changed, now requiring £30,000 to receive the same number of points that you previously received at £20,000. I imagined that those who were given Tier 1 Post Study 'bridge' visas and told previous Tier 1 General requirements at the time of application will still be permitted to use the previous requirements, but was told that this is not the case.

I am incredibly frustrated because it seems the Post Study workers have fallen through the cracks.. and sort of scammed. Afterall, if I knew that I was expected to make an impossible £30k as opposed to £20k -- I would not have paid for the 'bridge' visa. It's incredibly unfair.

Is anyone else in the same boat?

yes, I am in the same boat as you mate. As if the April changes were not unfair enough to PSW holders, the July 19 threshold increase from 95 to 100 points is a disaster. To think that these guys apply these laws to affect people who got thier PSW visas nearly two years ago and had already made switching plans is terrible and inhumane to say the least. If they chose to apply such ruels to psw visa holders granted after July 19, 2010, that would be more reasonable than to apply it retrospectively. i know what I suffered as a student in 2008 to keep watching £800 in my account for 3 months before applying for psw. That was all in the view that I was dealing with a country that reciprocated respect. 1 year and 6 months later, I am biting my lip.

[wabuthu]

Is anyone else in the same boat?

i'm also in the same boat and i can imagine so is every single person on PSW, and in addition any students about to complete their studies and apply for PSW as soon enough they'll be in the same situation as us.

In my case i've just mentally prepared myself that i'm going home in 2 years. I'm very sad about it but i'm just being real about the situation.

If there's a petition i'll sign, but other than that i'd rather spend my time trying to get a job than trying to fight to stay in a country that doesn't want me here.

There was a consultation document on opinions on the current changes and i hope many people submitted their responses (i saw a link here a few weeks ago and so submitted my responses vehemently expressing my opposition towards the changes).

But other than that my PSW clock is ticking so will just continue concentrating on my job search and hope for the best for my 2yrs left here. It's a sad state of affairs but i'm just trying to be real about it.

The new govt is out to prove it's strong stance on immigration and somehow this time round i don't think they're ready to back down.

[psw2009]

I am in the same situtation as so manay others i have copy the below data from another post please read and act on this,

Ten of thousands of PSW permit holders are affected by the new rules published by Home Office that came into effect from 19th july 2010.

Students who had been granted PSW with the assurance that they can shift to Tier 1 General within a span of 2 years fulfilling certain conditions,
are facing the uphill task of achieving unrealistic earnings or getting disqualified.

The Govt cannot categorically alter those conditions halfway through, based on which the students got their PSW and working towards achieving the tier 1 general visa.

The Govt if they want, can implement new conditions from this present date for the issuance of future visas, but they cannot violate the immigration code by way of altering the existing conditions that were applicable to the PSW holders getting eligible to attain Tier1 General.

It is simple logic and a legal requirement on the part of the Govt to stick to the conditions prevailed prior to April 2010, enabling the PSW holders to qualify for Tier 1 General, failing to which all the PSW holders will be compelled to pursue legal remedy and face this nonsense.

Same way, two years back the Govt tried to evict thousands of HSMP holders by some unholy means but was defeated when the victims chose to fight as a group and took it the judiciary, and eventually the Govt has to cut a sorry figure.

I invite all the PSW holders affected by the new rules and let us form a group and resolve this issue legally. Spread this message and create awareness among the victims and act fast.

[Blhuesheep]

Hi

I firmly agree with you, its unjustice on behalf of the government and we should form a group and resolve this issue legally.

We need to act fast.

[Wanderer]

Sorry an' all bit the UK needs to cut skills based immigration. Why? cos there aren't enough jobs for EU folks never mind any others especially with sheds loads of international students hoping to hang on for ILR....

I think the gravy train is over now!

[Vitavi]

I firmly agree with you, its unjustice on behalf of the government and we should form a group and resolve this issue legally. We need to act fast.

In the past immigrants were successful in getting jobs because they were better qualified and paid cheaper salaries than the local UK residents. So, while Poles and Latvians worked hard for £5per hour, local residents were claiming unemployment, housing and child benefits and everyone was merely satisfied with this situation. However, the credit crunch has turned everything around. Due to the huge budget deficit the new coalition government now wants to reduce the number of migrants in the UK and ensure that those on benefits start working asap. As such they need to ensure that most immigrants now go back home leaving their jobs for local residents. But how do they do that if Poles, Latvians and other EU’s have legal rights to stay in the UK? Because they cannot do anything to the EU’s they simply try to limit the migration from outside the EU.

The actual problem is that everything has its own capacity. All the services (NHS, schooling, benefits system) can only work effectively if they serve a certain number of people. Once that number has been reached, those systems may not be able to operate effectively. And, unfortunately, the new coalition government thinks that reducing a number of skilled immigrants would partially solve this capacity problem.

I personally feel that changing the rules in the middle of the game is not fair for immigrants. When they applied for their visas certain rules were in place and they were directed by those rules to plan their future careers. However, those rules keep changing every 6 month and it is no longer possible to keep pace with them. As a result, too many of those on PSW, Tier 1 and Tier 2 visas now feel they are at risk of loosing their rights to stay in the UK.

PSW are particularly affected and most of those immigrants (I believe up to 90%) will have to go back home upon the expiry of their visas. But Tier 1 G route is going to be no longer the best choice as well with its apparent retrospective changes, caps on extensions and potential caps on settlement. Tier 2 also no longer qualifies for settlement and it is hard to switch to Tier 1 G. So, everyone is affected really.

Everyone understands that the country’s capacity is limited. Therefore changes are absolutely vital. Otherwise, in a short while, this country may run into terrible difficulties. However, in the same time, there are still ways to stay here. So, instead of moaning about the current rules, just take care of your own fate. It is all up to you to find a better paid job (to satisfy the earning criteria), to get a better qualification (to increase the number of points you can claim) and to stay within the law (in order not to get disqualified).

I personally believe that PSWs do not have much chance to influence the government’s decision as they do not have any legitimate expectation to stay in this country (unlike Tier 1 and some of the Tier 2). Therefore, all the efforts to pursue through the courts would be a waste of time and money. Just do whatever you can to satisfy the rules: work hard, learn from your own mistakes and try to find a better job. It is all up to you, not up to the judge who might look into this case at one point in the future. And by that time when he/she does so, you may no longer be present in this country (due to your visa expiry). So, take care of yourself now!

[tahnyuh]

[deleted]

[tahnyuh]

[deleted]

[tahnyuh]

[deleted]

[aakash.reuben]

There is no need for us to suffer silently, when there is an option to take this matter to the judiciary, individually or collectively. The Govt should honour its commitment to the PSW visa holders and they cannot go back on their policies at the time of the grant. It is a clear case of breach of rules on the part of the Govt and it doesn't stand a chance when the issue is taken to the court.

We are forming a group and fight this injustice in the court of law and come out successfully as did the HSMP group won against the Govt last year and ours is a similar case.

We invite all the PSW visa holders to join the Group at http://psw.groupbox.com and discuss this issue.

[psw2009]

I have joined the group http://psw.groupbox.com

how many members we require to fight this case ???

[rizwan567]

You guys do not a chance and neither leg to stand on. I am not a legal person but the stats are clear to understand.

On what basis are you mounting this challence. It is/was only published that PSW holder can switch to other immigration categories provided they meet the published critera (at the time of their future application). By awarding PSW visa, govenment does not bind her in a contract to keep the HSMP option open for such applicant. And if she does could you please prove? Could you please highlight here the wording of relevant promise by UKBA on which you relay to claim? I am much interested to read and analyse that.

You can never win this battle byrelying on the fact that ' PSW is a bridge to highly skilled or skilled work' This is true because PSW is still a bridge!!

By the way, when you guys got PSW the requirement for HSMP/Tier 1 General was masters degree and now its Bachelors? What do you say about it? And Government reserves the right to close immigraiton at any time they feel that new migrants are not required.

For HSMP it was different they were already in the scheme and on board on HSMP visa. And the rules for extension where changed during theri stay in the UK in the same visa category. This is what their claim was based on. Which was fair enough.................

After loosing first case to HSMP group sometime in March 2008, UKBA specifically added this paragraph on the declaration pages of thier PBS application forms:

I am aware that the rules and regulations governing points based system applications may change in the future and do not assume that the requirements covering any future applications will be the same. For more details read section 5 (applicant declaration) of Tier 1 PSW form. Which you signed before entering the scheme.

You have already agreed to the above even before getting PSW.....so on what basis you are claiming now?????????????????

however being immigrant myself, my well wishes are still with you guys... may you win this case and set example for UKBA to think even 10 times before making any further changes to their own created immigration schemes in their own country.

Also please dont forget to add this clause in your claim that when you guys entered in PSW scheme the initial HSMP visa was awarded for 3 years, as per 6 April 2010 which they have unlawfully changed to 2 years now....

[geriatrix]

Food for thought

Also the fact that people who are intending to challenge the changes are not Tier 1 (General) migrants themselves but Tier 1 (PSW) migrants may go against you when challenging changes to Tier 1 (General) qualifying criteria - an immigration category you do not belong to. IIRC, an attempt by WP holders to extend HSMP JR ruling to include WP migrants was unsuccessful for this reason (also, amongst others).



regards

[psw2009]

I am 100% sure that if we go ahead and fight this case we will win same as HSMP holder won the case, for your kind information we will knock the door of court not government and court will make decision

its not you to decide but the judge

regards,

[geriatrix]

I am 100% sure that if we go ahead and fight this case we will win same as HSMP holder won the case, for your kind information we will knock the door of court not government and court will make decision

its not you to decide but the judge

regards,

You can't be 100% sure when, as you rightly said, a judge has to decide! Like me you are not a judge! Don't let emotions affect how you read, comprehend and respond!

Anyhow, my intention was (and is) not to discourage but to get the thinking cap on. Which you, unfortunately but clearly, fail(ed) to understand!

Has anyone (individually or otherwise) sought legal opinion on the feasibility of a legal challenge? There're loads of (good) legal firms that provide advice pro bono, so if not done so, give it a go! Masses (affected PSW migrants) will join you when you can prove to them that you have a legal standing to fight the case. Otherwise they may choose to just sit on the fence and watch until a legal ground to fight the case has been determined. And, without a legal basis to your mass mobilization and (if one exists) an estimate of costs involved in pursuing the case till the end, initial euphoria may die out in no time.

Overconfidence won't help, neither will emotions! Thinking straight and thinking right will.



regards

[geriatrix]

To give you a idea, it may cost anywhere GBP 50,000 - GBP 100,000 to pursue the legal challenge to a logical and final conclusion.


regards

[rohitth]

Thanks for your concern, but we have solicitors who can take up this case without expecting any monetary benefit from the PSW group.

Rohitth.

[rizwan567]

I am 100% sure that if we go ahead and fight this case we will win same as HSMP holder won the case, for your kind information we will knock the door of court not government and court will make decision

its not you to decide but the judge

regards,

You can't be 100% sure when, as you rightly said, a judge has to decide! Like me you are not a judge! Don't let emotions affect how you read, comprehend and respond!

Anyhow, my intention was (and is) not to discourage but to get the thinking cap on. Which you, unfortunately but clearly, fail(ed) to understand!

Has anyone (individually or otherwise) sought legal opinion on the feasibility of a legal challenge? There're loads of (good) legal firms that provide advice pro bono, so if not done so, give it a go! Masses (affected PSW migrants) will join you when you can prove to them that you have a legal standing to fight the case. Otherwise they may choose to just sit on the fence and watch until a legal ground to fight the case has been determined. And, without a legal basis to your mass mobilization and (if one exists) an estimate of costs involved in pursuing the case till the end, initial euphoria may die out in no time.

Overconfidence won't help, neither will emotions! Thinking straight and thinking right will.

regards

I strongly endorse the above comments of Sushdmehta...

All I can say is Immature and groundless thinking... None of you have come up with any justifications what so ever about the questions raised against your claim earlier in this thread... so how would you guys convince court.

[rohitth]

Hi Rizwan,

You have admitted yourself that you are not a legal guy and you are an immigrant in a different category. We would appreciate if forum members restrain themselves from giving wrong advice to the group and refrain from discouraging others.

When it goes to the judiciary, it is a different ball game and it is not wise on the part of forum members to pass the judgement beforehand.

Rohith.

[geriatrix]

Thanks for your concern, but we have solicitors who can take up this case without expecting any monetary benefit from the PSW group.

Rohitth.

Good to hear! If that is the case, why the need for gathering a group of people to fight the case, as seen on this forum recently? All you need is one solicitor to take on the work for free ... and one individual to file a lawsuit!!

Nevertheless, in case you want to augment your chances of winning, you'll need the services of competent barrister(s) (expert) specializing in immigration law and not just solicitors! That's where the majority of costs lie - barrister fees! Unless you can find barristers too to represent you without any expectation of any financial remuneration (difficult but not impossible; Bar Pro Bono Unit is the place you should contact if your solicitors can't find one for you).



regards

[rizwan567]

Hi Rizwan,

You have admitted yourself that you are not a legal guy and you are an immigrant in a different category. We would appreciate if forum members restrain themselves from giving wrong advice to the group and refrain from discouraging others.

When it goes to the judiciary, it is a different ball game and it is not wise on the part of forum members to pass the judgement beforehand.

Rohith.

Like me you are also not a legal person..... then how did you drive the merit of your claim?

Yes, surely I am not a legal person but meanwhile I am not a dumb too..... common sense prevails...................... We just cant let anybody jump in, raise false expectations and waste others time.... In order to gather a group you need to satisfy the members of the group. Consult your solicitor and write few lines summarising basis of your claim... and also ask an answer to this simple question:

-----------------------------------------------------------
After loosing first case to HSMP group sometime in March 2008, UKBA specifically added this paragraph on the declaration pages of thier PBS application forms:

I am aware that the rules and regulations governing points based system applications may change in the future and do not assume that the requirements covering any future applications will be the same. For more details read section 5 (applicant declaration) of Tier 1 PSW form. Which you signed before entering the scheme.

You have already agreed to the above even before getting PSW.....so on what basis your claime is based?????????????????
------------------------------------------------------------

As long as you are not using this forum to request donations.. no body can stop you or is stopping you in challenging the govenment or UKBA... And if you are using this forum to genrate funds then you must satisfy the people about the merit of your claim (but this is not the case as you guys are self sufficient). And if you are using this forum to inform other people in similar situation about the progress of your legal challege then everybody welcomes this...

Meanwhile it will be of everybody's interest to know that who is funding this legal challenge?

[rohitth]

Legal cost is not an issue, we have sponsors. Rather than fighting as individuals, we are striving for collective effort among the PSW victims, that's why we have formed this group http://psw.groupbox.com

Rohith.

[Papa2010]

Dear All,

I quite agree with you Rohith. I just can't sometimes understand human behaviour. It does seem some people are here to do the prior work for UKBA. If they can't give good advise or encourage then they should keep quite and let those trying to fight injustices to move on.

China of all China does not treat migrants who have gone there to contribute economically. Why is it a norm here that migrants would be asked to either come in or remain and take up a career and then next minute you ruined their careers not to talk about their lives.

If Britain wants to compete in this "Global" world it should be truthful to it's citizen, prepare them for this "Global" world to give them the capability to compete and stop using migrants as scapegoat.

This country badly wants foreign investment which goes along with capital movement - hence, movement of human resource. No body is saying they shouldn't control immigration but, have respect for other's right and be gentle.

Rohith, keep it up!

Papa.

[psw2009]

Keep it up guyz