HSMP Scheme Suspended

Rog · Post by **Rog** » Fri Nov 10, 2006 7:31 pm

I have looked at the VBSI site. They are still reacting to the ILR period increased to 5 years a few months back. The latest changes which threaten to kick us out are still not incorporated but they might be adding these later on. Let us hope they are able to carry out a legal action. I will contribute as per my capacity towards the costs.

chanelan · Post by **chanelan** » Fri Nov 10, 2006 7:51 pm

ATBPLC wrote:

We should reralise that it is not easy to get work permit. Youe employer must proof that no British or EU CITIZEN CAN DO THEV WORK.

I also believe vthat people in my category should be ready to defend this position legally, we cannot be asked to go back home after 4 year of hardwork and having paid taxes for 4 years

I think as per FLR( HSMP) guidance ( page no 14, item 100) http://www.workingintheuk.gov.uk/workin ... forms.html
those working for more than 12 months on HSMP will get waiver of resident labour test of the WP arrangement.

ATBPLC · Post by **ATBPLC** » Fri Nov 10, 2006 8:12 pm

By way of emphasis, see below what in specific term, the new policy says

[b]"We will introduce a more robust points test for applicants looking for an extension of an initial period of leave under HSMP".[/b][/size].

So those who have taken 3 years extension should be excluded. Whoever has easy access to HO should confirm this.

INITIAL EXTENSION IS THE EMPHASIS

lanwarrior · Post by **lanwarrior** » Sat Nov 11, 2006 8:38 am

All,

This news is reall disconcerting for me (and many of you). I was approved for HSMP in August 2006 and I haven't moved to UK yet (planned on January 2007).

I read the guidance document but I am still unsure, maybe because I am afraid of this new rule. So I want to confirm my understanding:

1) HSMP APPROVAL PRIOR TO NEW RULE
Since my HSMP application was approved in August 2006, the new rule will NOT AFFECT my approved application. I can still apply for EC and get the 24 months stay.

2) HSMP EXTENSION AFTER THE FIRST 24 MONTHS
After the 24 months, the new rule state that I MUST re-apply for HSMP and obtain 75 points. The points for "past earnings" will be based on my job in UK, thus I HAVE to make 40K GBP or more in order to get 75 points. If I don't get 75 points, I have to leave.

3) ENGLISH REQUIREMENTS
If I have remained in UK for 24 months (#2 above), I STILL need to show proficiency in English. This is either in TOEFL test result or proof that my bachelor degree was taugh in English (I graduated in US)

Is this correct?

Although I have not moved to UK, I've done research on the type of jobs that are available for me and it seems the pay will be above 40K pounds (I am an IT Auditor with focus in financial audit). I actually spoke with 2 UK headhunter and they said someone with my experiences can get more than 60K GBP, depending on the company. However, who knows is HO will change the rule to 80+ points..

root · Post by **root** » Sat Nov 11, 2006 9:12 am

those working for more than 12 months on HSMP will get waiver of resident labour test of the WP arrangement.

What does it mean? It means employer will not give lengthy test that he has conducted adverts or interview and no candidate was suitable? right?
if this is not the case then it will be easy to get workpermit?

rana78 · Post by **rana78** » Sat Nov 11, 2006 9:25 am

Hello Root,

It means if your employer willing to sponsor you work permit, he don’t need to advertise your post, he don’t need to show that he has taken necessary steps but he failed to find suitable resident candidate for your post. Normally for work permit applications employers need to do all this. It means it is very easy for your employer if he would like to retain you.

This is actually good news for who are in permanent role and working for long time, where employers are willing to sponsor.

cheers,
Rana.

root wrote:those working for more than 12 months on HSMP will get waiver of resident labour test of the WP arrangement.

What does it mean? It means employer will not give lengthy test that he has conducted adverts or interview and no candidate was suitable? right?
if this is not the case then it will be easy to get workpermit?

root · Post by **root** » Sat Nov 11, 2006 9:49 am

can anyone please tell me what are the other requirements for employer or candidate to fulfill

Rog · Post by **Rog** » Sat Nov 11, 2006 10:13 am

One of the highlihts of HSMP and a very strong point on our cv which helped us get a job was that under HSMP we do not need a sponsorship and can work freely for any employer. It may not be easy to get the employer to sponsor us now.

kolithask · Post by **kolithask** » Sat Nov 11, 2006 1:08 pm

I belive that the HO has brought in these new rules in accordence with their poicy described with regard to the immigration to suit Britain. There were hundreds if not thousands who have come under the HSMP but find it difficult to find employment in their respective fields and engaged in odd jobs, who may not qualify under the extention scheme.
I think there is no answer to this other than getting back if you cant get extended as things may even get tougher later even at the stage of ILR.
At the moment one see no restriction to apply for ILR if you got the timing right.

root · Post by **root** » Sat Nov 11, 2006 2:30 pm

if employer is ready to give u workperrmit for HSMP extension, what else cud be requirements for this.

VinLopez · Post by **VinLopez** » Sat Nov 11, 2006 3:10 pm

ATBPLC wrote:By way of emphasis, see below what in specific term, the new policy says

[b]"We will introduce a more robust points test for applicants looking for an extension of an initial period of leave under HSMP".[/b][/size].

So those who have taken 3 years extension should be excluded. Whoever has easy access to HO should confirm this.

INITIAL EXTENSION IS THE EMPHASIS

Anyone has a clear answer to this?

HSMP_2007 · Post by **HSMP_2007** » Sat Nov 11, 2006 4:18 pm

Hi ,

Can any one explain the Mandatory HSMP topic :

There is also an additional English Language requirement.
You need to show:
• IELTS Band 6 or
• UK equivalent Bachelors Degree taught in English

I am eligable with new scheme but no idea how to confirm the above additional requirement ?

Is it any certificate or exam required to proof above ?

Thanks in Advance

LondonBlonde · Post by **LondonBlonde** » Sat Nov 11, 2006 4:22 pm

These new rules effect EVERYONE currently here on HSMP visas. Even those who are making six figures can become ill or be made redundant at a moments notice. Foreigners making more than 40K per year are almost always targeted first for redundancy when even the best firms go through re-org. If you think that your job cannot be done by someone else, you are delusional. And if you think that being foreign, without having a permanent UK visa will not effect decisions on redundancy, pay rate and bonuses, you are also wrong.

I believe these changes are a breach of the original contract for settlement we have all agreed to. Many, including myself have spent enormous amounts of money settling in this city. Returning home without having achieved permanant settlement status would be devastating. Therefore, I think that anyone who cannot meet the new requirements and is staring at deportation because of these changes should stay and fight rather than go back.

I sincerely believe that the press and the public in general love to hear stories about government mistakes. If you stay and fight, contacting the press for support will be very easy in my opinion. You will be an excellent example of the sharp edge of government policy. Ties to the community, family turmoil and the like will make it very difficult for these retrospective changes to go unnoticed.

Again, I think that anyone here on HSMP should be concerned.

Yes, the new retrospective age and language requirements are unbelievable. How is one expected to study english, when you are madly trying to fit in and contribute economically as a foreigner under the threat of deportation? And how is one expected to grow younger after arriving in Britain?! If youth wasn't a requirement to move here under the program as it stood when you were accepted, then being young has no place in a decision to deport you under the new rules.

LondBlonde

windmill · Post by **windmill** » Sat Nov 11, 2006 4:30 pm

lanwarrior wrote:
1) HSMP APPROVAL PRIOR TO NEW RULE
Since my HSMP application was approved in August 2006, the new rule will NOT AFFECT my approved application. I can still apply for EC and get the 24 months stay.

2) HSMP EXTENSION AFTER THE FIRST 24 MONTHS
After the 24 months, the new rule state that I MUST re-apply for HSMP and obtain 75 points. The points for "past earnings" will be based on my job in UK, thus I HAVE to make 40K GBP or more in order to get 75 points. If I don't get 75 points, I have to leave.

3) ENGLISH REQUIREMENTS
If I have remained in UK for 24 months (#2 above), I STILL need to show proficiency in English. This is either in TOEFL test result or proof that my bachelor degree was taugh in English (I graduated in US)

Hey lanwarrior,

I was thinking the same. Under this new light, what will certain people from the US do who were planning to move to the UK.

1) Thats true. Nothing changes for you on that respect. 12 months or 24 months is decided by the counsulate. I think all it says is up to 24 months.

2) Again, yes its true but in a different way from what you put it. You'll need to score 75 points - thats it. How you do it is not important. You can have a Ph.D. and be earning less (a very unlikely example) and still make it to 75. So I don't think you have to earn more than 40K. If you think, thats the only way you're gonna get beyond 75 then maybe.

3) That's true again... which to me is the stupidest thing. Just like giving business to IELTS or TOEFL folks for nothing.

Folks,

Now I have one question. Say if someone's EC is approved for 1 year initially and they go for extension - can they get it for 4 yrs or 3 years is the max?

I read in FAQs that since April 2006, they did start giving extensions for 4 years, but I'm asking personal experiences/knowledge here..

liuning · Post by **liuning** » Sat Nov 11, 2006 11:21 pm

The real purpose of frequently introducing so many new rules in such short time is to make an excuse of changing the "rules of game". If you can change the rules of game, you can enable the rules followers to stay in disadvantage forever.

We all know that there is no free lunch. But not all know that sometime even you have paid you still have no lunch."

xavier · Post by **xavier** » Sun Nov 12, 2006 2:35 pm

Dear Forum Members

I have a query. Can I avail the hsmp facility again ? I got HSMP last year under MBA provision. Went to UK and returned back to my country after spending 11 months as jobless and without making an application for HSMP extension after initial one year. My leave has already expired . I have required 75 points on the basis of UK MBA provison and want to gain HSMP again by making a fresh application. Will it be permitted by Home Office?

Thanks for your time and co-operation.

Xavier

indianpirate · Post by **indianpirate** » Sun Nov 12, 2006 3:18 pm

Hi Guys,
I am given entry clearance into the UK in December-2005 and it took me 2 months 28 days to relocate and 2.5 months to find a skilled job. I spoke to WPUK call centre that I was unable to relocate immediately, and hence it is impractical to expect 8 months earnings and she said we will consider such issues.
I suggest and request everybody like me call them and explain them. ask them to record this problem so that at least we can be given some consideration. I hope. u never know. but we have to try.
cheers guys

Vivid · Post by **Vivid** » Sun Nov 12, 2006 11:12 pm

Dear All

we start to form a urgent group of all those who are affected by these changes.

Then we all have to seek legal assistance.

please Join the goup

http://groups.yahoo.com/group/HSMP2006/

HSMP2006@yahoogroups.com

Thanks

MUGHAL · Post by **MUGHAL** » Sun Nov 12, 2006 11:45 pm

IF u are affected by new rules for hsmp then open the site below and rise ur voice to MP

http://www.writetothem.com/?keyword=loc ... EQod0hw0AQ

root · Post by **root** » Mon Nov 13, 2006 5:06 am

is there also limit of years on Work permit like they can issue work permit for 2 years or 3 years. what is their policy of work permits

shahzad40 · Post by **shahzad40** » Mon Nov 13, 2006 11:30 am

Dear All,
I spoke to HO in the morning and shared with them my individual case and the responded mentioned that so far the rules are not really very clear and that i must wait till 1st week of dec when the rules are more defined.
My suggestion is to email or call the HO so that they are aware of the problem people are facing and they might show some flexibility in defining the rules. Email your case to:

pointsbased.comments@ind.homeoffice.gsi.gov.uk

or call HSMP help line on 0114 207 4074.

Please be heard!!!

liuning · Post by **liuning** » Mon Nov 13, 2006 12:22 pm

shahzad40 wrote:Dear All,
so far the rules are not really very clear and that i must wait till 1st week of dec when the rules are more defined.
or call HSMP help line on 0114 207 4074.

Please be heard!!!

i heared this news my heart is break into pieces.cause,our case have no chance aviod the new rules.

i deleried my case on 8 nov 2006 ,but til dec,will no response at all.

but i have to call them day by day till my case is cared .

luisabush · Post by **luisabush** » Mon Nov 13, 2006 4:24 pm

liuning wrote:
i heared this news my heart is break into pieces.cause,our case have no chance aviod the new rules.

i deleried my case on 8 nov 2006 ,but til dec,will no response at all.

but i have to call them day by day till my case is cared .

I am in the same situation. I have e-mailed to them several times but still do not know what happened with my documents.

aqilzeeshan · Post by **aqilzeeshan** » Mon Nov 13, 2006 4:39 pm

if docs are post-marked with 7Nov date they will be processed on old criteria. as u can see my following post
http://www.immigrationboards.com/viewtopic.php?t=11363

if they care post-marked on 8Nov then new criteria.

chanelan · Post by **chanelan** » Mon Nov 13, 2006 4:43 pm

I am in 1+3+1 group. I had sent a mail to HO asking clarifications about new changes and it's applicability to my case. As usual i did not get the reply straight to the point instead they have sent me list of FAQs. One of them says as below.

12. I have been in working in the UK for 4 years and my HSMP visa is about to expire, can I apply for Indefinite Leave to Remain?

No, the minimum requirement for Indefinite Leave to Remain is now 5 years. You should apply for Further Leave to Remain, which is normally granted for 3 years, but you can apply for Indefinite Leave to Remain as soon as you reach the 5-year minimum.

Immigrationboards.com: Immigration, work visa and work permit discussion board

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