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Immigration reforms and future of Tier 1 (PSW)

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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NiceCareing
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Post by NiceCareing » Thu Nov 25, 2010 11:05 pm

Unfortunately as before govt. done consultation and MAC recommendation too...But Govt have done what they have already in their mind on Imm Cap...so I wonder consultation do any effect on Govt final PSW decision????

avjones
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Post by avjones » Fri Nov 26, 2010 12:34 am

tall_funky wrote: Ok i agree PSW is not part of a student visa.
However, promise of 2 years PSW was almost made by everyone(universities/colleges/UKBA) while recruiting students. If they (universities/colleges/UKBA) go back on their promise, I only see them losing in court.
Sorry, I disagree. I don't think it would necessarily succeed.

I'm thinking of the House of Lords case of Odelola (FC) v SSHD [2009] UKHL 25.

The facts in that case:

On 5 September 2005 the appellant came to the UK as a visitor for a two months clinical attachment. She had entry clearance valid from 25 July 2005 to 25 January 2006. She intended to apply, when she had completed the necessary clinical attachments, for a variation of her leave so as to obtain leave to remain as a postgraduate doctor. The rules then in force—Statement of Changes in Immigration Rules HC299 which came into force on 19 July 2005—provided that a person with an overseas medical degree would (subject to certain other requirements including registration with the General Medical Council) be eligible for such leave.

She lost. The House of Lords said:

At the time the 2006 Statement came into effect, the appellant did not have a right to have her application determined by reference to the rules as amended by the 2005 Statement. No doubt, she had that hope or even that expectation, but she did not have that legal right.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

tall_funky
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Post by tall_funky » Sat Nov 27, 2010 7:25 pm

avjones wrote:
tall_funky wrote: Ok i agree PSW is not part of a student visa.
However, promise of 2 years PSW was almost made by everyone(universities/colleges/UKBA) while recruiting students. If they (universities/colleges/UKBA) go back on their promise, I only see them losing in court.
Sorry, I disagree. I don't think it would necessarily succeed.
I'm afraid but i've to disagree with you on this.
Every case has its own strong and weak points, each appeal or JR is decided on case by case basis.
There may be so many dots which can be joined to make a line.

I'll rest my case for the time being.

Let them consult and decide How and When to close PSW, if there is any unfairness in the decision, we will go to court and i'm pretty sure Truth will prevail.

tall_funky
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Post by tall_funky » Sat Nov 27, 2010 7:30 pm

luckylondon wrote:How and where can ve take part in consultation.???
Keep your eyes and ears open, once they decide the consultation part, you will come to know.

tall_funky
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Post by tall_funky » Sat Nov 27, 2010 7:33 pm

NiceCareing wrote:I wonder consultation do any effect on Govt final PSW decision????
It may not decide the govt. decision but atleast you can be satisfied that you have done your bit.

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Post by Tier 4 » Sat Nov 27, 2010 10:26 pm

tall_funky wrote:
NiceCareing wrote:I wonder consultation do any effect on Govt final PSW decision????
It may not decide the govt. decision but atleast you can be satisfied that you have done your bit.
Oh dear, its like stabbing in the back, I am not going to pay my next instalment of fee at all.
Guess in modern times they done making other people countries their colonies, but still in the habit of making people enslaves.
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luckylondon
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Post by luckylondon » Sun Nov 28, 2010 9:55 am

cant we do anythng in ths matter....it seems like doing unfair to us...just in sake of PSW i payed tht much fees for masters ....cant we all form a group and take thm to court......we need justice

If they really want to close PSW route....thn ths policy shuld be applied to new studnts who want to enroll aftr April .....not to us at all

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Post by Tier 4 » Mon Nov 29, 2010 8:36 pm

Anyone who will suffer by this government decision of abolishing the PSW should join this campaign “save PSW for existing studentsâ€
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fibreman
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Post by fibreman » Mon Nov 29, 2010 9:59 pm

[quote="Tier 4"]Anyone who will suffer by this government decision of abolishing the PSW should join this campaign “save PSW for existing studentsâ€

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Post by Tier 4 » Tue Nov 30, 2010 10:19 am

[quote="fibreman"][quote="Tier 4"]Anyone who will suffer by this government decision of abolishing the PSW should join this campaign “save PSW for existing studentsâ€
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camille
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Post by camille » Tue Nov 30, 2010 1:05 pm

Hope I will be able to apply in July. :(

fibreman
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Post by fibreman » Tue Nov 30, 2010 7:20 pm

camille wrote:Hope I will be able to apply in July. :(
My situation is the same... it is this, or I will have to leave most likely...

Anyways, I'm very worried. But I think we are close to the fastest date they can make the decision. Remember, consultation for tier 1/2 work one was in october, they have just now made a decision, but effective from april... In total, from consultation to decision effect, half a year will pass.

Consultation will probably be done somewhere in march, then the govt needs to fight with unis and Liberal democrats, and finally reach a decision-+ give a date from which it is effective. We still stand a slim chance atleast.

Can anyone say, does UK govt usually grandfather these kinds of things?
Like, if we were in system already, atl for this year to allow us to take psw? Or can the change be effective from that day, and leaving us adrift?

Btw, does this have to go through parliament?

avjones
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Post by avjones » Tue Nov 30, 2010 9:36 pm

fibreman wrote:

Can anyone say, does UK govt usually grandfather these kinds of things?
Like, if we were in system already, atl for this year to allow us to take psw? Or can the change be effective from that day, and leaving us adrift?

usually, the immigration rules are effective soon after the change

Btw, does this have to go through parliament?

No
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

fibreman
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Post by fibreman » Wed Dec 01, 2010 2:07 pm

avjones wrote:
fibreman wrote:

Can anyone say, does UK govt usually grandfather these kinds of things?
Like, if we were in system already, atl for this year to allow us to take psw? Or can the change be effective from that day, and leaving us adrift?

usually, the immigration rules are effective soon after the change

Btw, does this have to go through parliament?

No
Thank you for the clarification... but the question is what soon is in this case. Tier 1/2 changes so far made are being made effective 4 months after decision.

Assuming psw is to be reformed at the same time as general student route, it should still be some time until this reform. For instance, if they are to cancel some language schools visas, what about students who have
places offered already? Are they just going to refuse their visas, for instance? As things like going to school take time to plan, everyone would have to know this well in advance. IMO, atleast half a year... but the answer so far is that we can't say for sure.

I atleast hope there is some transitory system for those who are finishing this summer.

camille
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Post by camille » Wed Dec 01, 2010 7:23 pm

Heard at uni today that the visa will in all likelihood be abolished, but not sure about the source of the information.

fibreman
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Post by fibreman » Wed Dec 01, 2010 7:45 pm

camille wrote:Heard at uni today that the visa will in all likelihood be abolished, but not sure about the source of the information.
Hah, we all heard that... the question is when, and whether we, who are graduating this year are affected.

libra7
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Post by libra7 » Sun Dec 05, 2010 5:06 pm

I watched the news on BBC. The home secretary said they were going to close the scheme because only 1 in 10 home students graduating from the universities have been able to secure a job so she doesn't see the benefit of foreign graduates competing with them. we should all be prepared because even if the conservative government does not abolish the scheme, they may likely reduce the duration to 6months just like they do in The Republic of Ireland.

fibreman
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Post by fibreman » Sun Dec 05, 2010 10:38 pm

libra7 wrote:I watched the news on BBC. The home secretary said they were going to close the scheme because only 1 in 10 home students graduating from the universities have been able to secure a job so she doesn't see the benefit of foreign graduates competing with them. we should all be prepared because even if the conservative government does not abolish the scheme, they may likely reduce the duration to 6months just like they do in The Republic of Ireland.

No, well... she said that unemployment for home graduates is 1 in 10.
And that many seem to work in non skilled jobs with psw... However, what I need to know is when these changes take effect. For work routes, we have known more than half a year before, that smth will change from
April.

She says... work changes will be brought in April, while others will be brought in "soon after that". What is soon after, is the q here. We graduating in july still might pass through the system I hope.

tall_funky
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Post by tall_funky » Mon Dec 06, 2010 4:01 am

Guy's, lets not forget the "fairness" theme of this coalition govt.
IMO, they will come up with some fair degree of fairness.

fibreman
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Post by fibreman » Mon Dec 06, 2010 7:57 pm

tall_funky wrote:Guy's, lets not forget the "fairness" theme of this coalition govt.
IMO, they will come up with some fair degree of fairness.
Lol, what does this mean? :) I'm afraid the "fair" solution for this govt might be, we cancel psw tomorrow, goodbye... considering how "fair" their moves have been so far.

If this is the case, they will lose a lot of students... they will go to more student and skilled people friendly countries, where there is less "hostility" towards them, and they can get some work experience, or even stay there.

Even a "rigid" country like Germany allows students to stay... heck, Scotland in fact openly wants people to stay, but can't do anything now.

A fair solution is that we know some dates here, and are given notices well in advance. Latest news I read, universities are clashing hard with govt, and even Vince Cable is... hope this saves us, or atl delays changes.

tall_funky
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Post by tall_funky » Tue Dec 07, 2010 12:23 am

fibreman wrote:
Lol, what does this mean? :) I'm afraid the "fair" solution for this govt might be, we cancel psw tomorrow, goodbye... considering how "fair" their moves have been so far.
They can't do that as you know it is immoral.
fibreman wrote:
If this is the case, they will lose a lot of students... they will go to more student and skilled people friendly countries, where there is less "hostility" towards them, and they can get some work experience, or even stay there.
They have declared their intention, they don't need anyone anymore.
fibreman wrote:
Even a "rigid" country like Germany allows students to stay... heck, Scotland in fact openly wants people to stay, but can't do anything now.
One more reason for SNP to ask for something they will never get.
fibreman wrote:
A fair solution is that we know some dates here, and are given notices well in advance. Latest news I read, universities are clashing hard with govt, and even Vince Cable is... hope this saves us, or atl delays changes.


Thats not a fair solution, I'm afraid.
Fair solution is: anyone who started their course before 23rd Nov 2010, must be able to get T1(PSW).

I hope and wish, everyone will be treated fairly.

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Post by Tier 4 » Tue Dec 07, 2010 9:43 am

Keep pushing your Universities / Colleges advisors, who promised PSW after u finish, that’s the best thing to do right now, I guess.
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mist99
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Post by mist99 » Tue Dec 07, 2010 10:50 am

Can we refuse to pay the next instalment of tuition fee to our universities to exert pressure?

sweetg2010
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PSW Visas

Post by sweetg2010 » Tue Dec 07, 2010 11:58 am

This is three weeks now and i am still waiting for my PSW to come back from the UK border agency. Here is my timeline:

Applied and submitted forms on the 12th of NOV by post.
Aknowledgement letter received on the 17th NOV, dated 15th of NOV.
Paid by postal order
Passport status: Awaiting my passport to arrive. I keep my fingers crossed because I need to travel to see my kids and spend the xmas with them.I have not seen them for more than a year. I miss them so much.

Kasun
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PSW to be scrapped

Post by Kasun » Tue Dec 07, 2010 4:40 pm

Minister of State for Immigration Damian Green's letter published in the UKBA website mentions the PSW might be scrapped in the near future. However it mentions they are running a 8 week (till 31st Jan) consultation before taking any further action. The new policies will be popped out and effect to students in next academic year. Following is the quote from the letter mentioning this fact.

"We want to hear views on our proposals from a wide range of people. The
consultation will run for 8 weeks until 31st January. This is shorter than a standard 12 week consultation so that the policy can be announced in advance of the next academic year. "


However any stakeholder can participate in this consultation. Get this opportunity to express yourselves.
https://www.surveymonkey.com/s/BDPMGTM

I am planning to apply for the PSW in next February. (3rd of Feb) Hope I will be alrite by then. javascript:emoticon(':wink:')

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