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Tier 1 General - INCOUNTRY - APPLYING IN MARCH

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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azhar_new2004
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Tier 1 General - INCOUNTRY - APPLYING IN MARCH

Post by azhar_new2004 » Mon Dec 20, 2010 10:19 pm

Hi,

I have planned to apply for Tier 1 General on 3rd week of march.
I am in PSW visa right now. If I apply in march, will they consider my application by rules on application date or by new rules from APRIL 2010.

Thanks in Advance

gregshukla
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Re: Tier 1 General - INCOUNTRY - APPLYING IN MARCH

Post by gregshukla » Tue Dec 21, 2010 12:36 am

azhar_new2004 wrote:Hi,

I have planned to apply for Tier 1 General on 3rd week of march.
I am in PSW visa right now. If I apply in march, will they consider my application by rules on application date or by new rules from APRIL 2010.

Thanks in Advance
Rules will be the ones valid on your application date.

geriatrix
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Re: Tier 1 General - INCOUNTRY - APPLYING IN MARCH

Post by geriatrix » Tue Dec 21, 2010 12:52 am

gregshukla wrote:Rules will be the ones valid on your application date.
Not necessarily, in this case.
At the end of the interim period, applications that have not been concluded will be considered in accordance with the new rules that replace the interim limits.
Reading these topics may be useful.


regards

gregshukla
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Re: Tier 1 General - INCOUNTRY - APPLYING IN MARCH

Post by gregshukla » Tue Dec 21, 2010 12:55 am

sushdmehta wrote:
gregshukla wrote:Rules will be the ones valid on your application date.
Not necessarily, in this case.
At the end of the interim period, applications that have not been concluded will be considered in accordance with the new rules that replace the interim limits.
Reading these topics may be useful.


regards
Interesting, was not aware of this, thanks for those links. Certainly useful to know!

adityaisukapalli
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Re: Tier 1 General - INCOUNTRY - APPLYING IN MARCH

Post by adityaisukapalli » Tue Dec 21, 2010 1:32 pm

sushdmehta wrote:
gregshukla wrote:Rules will be the ones valid on your application date.
Not necessarily, in this case.
Why not necessarily in this case ?

wf
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Post by wf » Tue Dec 21, 2010 1:41 pm

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

Heading of first page:
IMPORTANT NOTE
THE FOLLOWING GUIDANCE ADDENDUM IS ONLY FOR PEOPLE WHO ARE OVERSEAS WHEN THEY APPLY FOR ENTRY INTO THE UNITED KINGDOM IN THE TIER 1 (GENERAL) CATEGORY.
Further on is the initial statement:
'At the end of the interim period, applications that have not been concluded will be considered in accordance with the new rules that replace the interim limits. '

IMO they are referring to applications undecided because of failing to qualify under the interim cap only, therefore would assume that in country applications submitted but not decided will still be assessed under rules at time of application.

adityaisukapalli
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Post by adityaisukapalli » Tue Dec 21, 2010 1:45 pm

wf wrote:http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf


IMO they are referring to applications undecided because of failing to qualify under the interim cap only, therefore would assume that in country applications submitted but not decided will still be assessed under rules at time of application.
Thanks mate, i can have my Lunch now :)

geriatrix
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Post by geriatrix » Tue Dec 21, 2010 1:49 pm

Tier 1 (General) to close overseas and new interim limit set for Tier 2 (General) wrote:Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK, and we will announce details of these in due course.


regards

adityaisukapalli
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Post by adityaisukapalli » Tue Dec 21, 2010 2:10 pm

sushdmehta wrote:
Tier 1 (General) to close overseas and new interim limit set for Tier 2 (General) wrote:Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK, and we will announce details of these in due course.


regards
I think they are talking about Tier-1 General Extensions but not Initial applications. Because, the date of application will be taken into count for initial applications even it is on 4th April 2011.

geriatrix
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Post by geriatrix » Tue Dec 21, 2010 2:21 pm

adityaisukapalli wrote:I think they are talking about Tier-1 General Extensions but not Initial applications. Because, the date of application will be taken into count for initial applications even it is on 4th April 2011.
Read carefully on the use of "some" in the sentence.

There are not "some applicants" existing Tier 1 (General) migrants - there are thousands - but there may only be "some applicants" in the UK whose applications may be undecided on 05-Apr-2011.
Written ministerial statement wrote:These changes do not apply to those who have existing leave in the Tier 1 (General) category and require an extension of stay.

regards
Last edited by geriatrix on Tue Dec 21, 2010 2:33 pm, edited 1 time in total.

viki83
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Post by viki83 » Tue Dec 21, 2010 2:31 pm

sushdmehta wrote:
adityaisukapalli wrote:I think they are talking about Tier-1 General Extensions but not Initial applications. Because, the date of application will be taken into count for initial applications even it is on 4th April 2011.
Read carefully on the use of "some" in the sentence.

There are not "some applicants" existing Tier 1 (General) migrants - there are thousands - but there may only be "some applicants" in the UK whose applications may be undecided on 05-Apr-2011.
Written ministerial statement wrote:These changes do not apply to those who have existing leave in the Tier 1 (General) category and require an extension of stay.

regards
I am a bit confused in what you mean to say. Are you suggesting transitional arrangements will not be for extensions, instead for only pending applications posted before 6th April 2011. Then what does this guy "Richard Jackson" mean in this email reply which I got:

"There will be transitional arrangements for those who are already in the UK under Tier 1 (General) and are seeking extensions. We will announce details of these transitional arrangements on our website early in 2011."

I think originally the news item on UKBA website didn't stated anything about transitional arrangements. It was updated again sometimes after 1:00 pm after people were mailing Richard Jackson of immigration policy

I personally think by term "some migrants" it refers to existing tier 1 migrants requiring extension.

Can you please clarify on this?

geriatrix
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Post by geriatrix » Tue Dec 21, 2010 3:01 pm

In simple English and in reference to the statement above highlighted in blue, IMHO, there is a difference between "existing migrants" and "some applicants". I don't think all of the thousands of existing Tier 1 (General) migrants will be applying for leave to remain before 05-Apr-11 for (the thousands of) them to be considered as "some applicants".


For discussion / queries regarding UKBA response for existing migrants, continue in this topic.


regards

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