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HSMP Scheme Suspended

Archived UK Tier 1 (General) 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, Administrator

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liuning
Newly Registered
Posts: 16
Joined: Mon Sep 06, 2004 8:18 pm

Post by liuning » Mon Nov 13, 2006 5:19 pm

it cost me 6 months to find a proper job.in top 100 it big company,
my salary is 38k a year and it is a permenent job.
but i can not provide 8 months salary slips to get my 40 points.

and my age points is zero.

i have had more than ten years work experiences

but ,i fail with the new rules.

luisabush wrote:
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. :cry:

alex2000
Junior Member
Posts: 52
Joined: Wed Aug 09, 2006 12:02 pm
Location: london
Contact:

Post by alex2000 » Mon Nov 13, 2006 10:09 pm

My belief is that the law courts are going to have to resolve the effects of the new rules. It is not easy to remove even people who came to the UK illegally as each failure in court is met by another appeal and i think HSMP guys cases will be even more difficult. For a legal immigrant who is working (even if the salary is way below the 40 point range ) and who cannot 'engineer' his age to score 20 points, it is not realistic that he will be expected to pack his 'bag and baggage' and go back home.

The courts will consider the terms of his initial entry, his activities in the UK (hopefully no criminal record) his family (especially if he has kids/wife) etc. The HO could infact be defeated on humanitarian grounds. I don't think it will be easy to send HSMP guys home easily.

These are just random thought spinning in my head. Or am i too optimistic . . .

sabre0
Newly Registered
Posts: 10
Joined: Tue Sep 26, 2006 8:45 am

Anyone here under MBA provision?

Post by sabre0 » Mon Nov 13, 2006 10:31 pm

I applied under HSMP's MBA provision program.
Date application reached HO: Oct 4th
CC charged: Oct 5th
Reference No. Series: 0876**
Status on Nov 11: Application with case worker

I have called them numerous times but still the same reply that the caseworker is on it and please call back in a week. It has been 5 weeks.

Just wanted to know if there anybody here who applied under the MBA provision and what was their result, timeline, etc.

Thanks,

Sabre

rckybhardwaj
Member
Posts: 101
Joined: Sat Aug 28, 2004 12:37 pm

How much shud we earn for HSMP extension

Post by rckybhardwaj » Tue Nov 14, 2006 7:54 am

Dear forum members,
Could you please give me the website where it gives full details as to how much shud we earn for our HSMP extension.

liuning
Newly Registered
Posts: 16
Joined: Mon Sep 06, 2004 8:18 pm

Post by liuning » Tue Nov 14, 2006 12:49 pm

Number of HSMP received and approved (source: IND)
2002 2003 2004 2005 Total
Received 2,451 6,461 22,958 23,286 55,156
Approved 1,155 3,653 7,367 14,129 26,304

Number of HSMP approved for CHINESE
2002 2003 2004 2005 Total
32 153 357 502 1044




effected by new rules :
HSMP holder 34319 people,80%.

another,3 4 2006 ILR 4-5
100%HSMP holder effected

live in this country, PLAY by his rules
Last edited by liuning on Tue Nov 14, 2006 2:08 pm, edited 1 time in total.

indian_in_uk
Member
Posts: 211
Joined: Tue Mar 01, 2005 2:54 pm
Location: London

Post by indian_in_uk » Tue Nov 14, 2006 12:53 pm

so they did it again. After changing the ILR rules from 4 to 5 years, now they have changed the HSMP rules retrospectively. I quite do not understand what do homeoffice want. They want to kick out all skilled, hardworking, tax paying immigrants but allowing people from European union, illegal immigrants to come, settle down and claim benefits. I have been in the UK for four years now but in all these years I have not seen a single policy to stop illegal immigration. They cant/dnt want to do anything about that but to please voters (to show them that they are doing something to control immigration) they are placing barriers for Highly skilled people. I would say even if today all highly skilled people choose to go back to their respective countries, UK's economy will come down in a month. Stupid politicians..

These rules does not effect me but still I am concerned by the way home office is changing rules at very last moment. I am with all Highly skilled people and will support any legal action.

I came to UK on work permit in 2002, changed to HSMP in 2005, got my HSMP extension in Feb'2006, I will get my ILR in July 2007 (after completing 5 years). Can anyone suggest me whether I have to prove that I qualify for 75 marks when I will apply for ILR?

Looking for replies from fellow members.
I'd rather be a could-be if I cannot be an are; because a could-be is a maybe who is reaching for a star.

first2last4
Member
Posts: 210
Joined: Thu Mar 16, 2006 10:38 am

Post by first2last4 » Tue Nov 14, 2006 1:01 pm

Since your Leave to remain runs beyond the date when you would qualify for ILR, you can apply for ILR without passing any point system.

Apparently you will not be affected at all by this point system.
Knowledge which is concealed is lost -Hadith

LondonBlonde
Member
Posts: 209
Joined: Sat Nov 11, 2006 3:41 pm

Post by LondonBlonde » Tue Nov 14, 2006 4:50 pm

alex2000 wrote:My belief is that the law courts are going to have to resolve the effects of the new rules. It is not easy to remove even people who came to the UK illegally as each failure in court is met by another appeal and i think HSMP guys cases will be even more difficult. For a legal immigrant who is working (even if the salary is way below the 40 point range ) and who cannot 'engineer' his age to score 20 points, it is not realistic that he will be expected to pack his 'bag and baggage' and go back home.

The courts will consider the terms of his initial entry, his activities in the UK (hopefully no criminal record) his family (especially if he has kids/wife) etc. The HO could infact be defeated on humanitarian grounds. I don't think it will be easy to send HSMP guys home easily.

These are just random thought spinning in my head. Or am i too optimistic . . .

Well said alex, I completely agree. HO would be overwealmed if all failed FLR-HSMP applicants stayed and fought rather than left the country.

Junior0300
Junior Member
Posts: 92
Joined: Thu Mar 24, 2005 11:31 pm
Location: London

Our course of action for new rules

Post by Junior0300 » Tue Nov 14, 2006 5:25 pm

Roughly how long will it take for us to challenge HO legally in the court. What are our chances in such kind of appeal?

I believe this forum is sponsored by Workpermit.com. Its time for them to come forward and point us all in correct direction.

I appreciate the efforts which fellow memeber are trying to make at yahoo groups... but we need something more organsied than that.

Moderators and Sponsors are welcome to debate.

aspire2b
Newly Registered
Posts: 11
Joined: Mon Apr 24, 2006 6:56 am

Post by aspire2b » Wed Nov 15, 2006 7:38 pm

You might need in excess of GBP 50K to fight the battle in court.

The international doctors community in UK face a similar dilemma - retrospective implementation of change in immigration rules affecting doctors on Permit Free Training (PFT) visa that were announced in March/April 2006.

An organization (BAPIO) is now fighting the battle in court. They collected donations to the tune of GBP 50K through donations from the doctors' community. Reports say that they have hired a top-notch solicitor to fight the case on their behalf.

www.bapioaction.moonfruit.com


Best of luck guys !!

regards

LondonBlonde
Member
Posts: 209
Joined: Sat Nov 11, 2006 3:41 pm

Post by LondonBlonde » Wed Nov 15, 2006 10:01 pm

For class action suit (pre-emptive), this might be true. But for one family appealing a deportation order, no. You are out maybe several thousand in legal fees (contact workpermits for a better idea).

LondonBlonde

ATBPLC
Junior Member
Posts: 98
Joined: Fri Aug 18, 2006 7:33 pm

Post by ATBPLC » Wed Nov 15, 2006 10:35 pm

Has anybody seen this our case in the news at all?

Where are the Journalist and Public relations expert in our midst?

Cant we get the attention of the public to this modern slavery before it is too late.

Those who have the access and connection, please move if possible to the Queen.

Do we need to match on the street of London?

victorind
Newbie
Posts: 33
Joined: Mon Nov 13, 2006 5:21 pm

Awareness

Post by victorind » Thu Nov 16, 2006 12:45 am

ATBPLC wrote:Has anybody seen this our case in the news at all?

Where are the Journalist and Public relations expert in our midst?

Cant we get the attention of the public to this modern slavery before it is too late.

Those who have the access and connection, please move if possible to the Queen.

Do we need to match on the street of London?

We need to inform certain bodies about this problem faced, to start on these might do some good:

http://www.jcwi.org.uk/index.html email address - info@jcwi.org.uk

http://www.cre.gov.uk/ email address - info@cre.gov.uk

http://www.yourrights.org.uk/index.shtml

http://www.liberty-human-rights.org.uk/

ATBPLC
Junior Member
Posts: 98
Joined: Fri Aug 18, 2006 7:33 pm

Post by ATBPLC » Thu Nov 16, 2006 1:05 am

I have checked vall the websites, it seems nobody has mentioned the matter to them.
This is appauling. If we fail to act fast the whilwind will blow us out

karupalli
Member
Posts: 180
Joined: Thu Nov 16, 2006 7:11 am

wrote to MP

Post by karupalli » Thu Nov 16, 2006 7:16 am

I just now wrote to my MP.

-------------------------------------------
I came to UK in 2005 July as work permit holder and working for XXX as software engineer. My work permit to stay here is
valid until 2010. In Aug 2006, I decided to move to HSMP scheme as I
want to make UK as my home land. I have applied for HSMP in Oct 2006
and got moved into HSMP scheme. As I am on HSMP, I resigned my job and
moved into contracting job field and now I have contract until Dec
2006.

Suddenly home office changed rules for extension of HSMP which is
really scaring me as I am not sure whether I will be eligible for
extension of stay or not. I am really worried about this.

If I knew about this change before I applied HSMP, I would not have
resigned my permanent JOB and moved into contracting.

I have moved my family here and my children are studying Bracknell,UK.
Again moving them back to India and settling down there is really
frustrating.

I really feel this is unfair on part of Home office. Home office have
right to change the rules but they should be applied only to new people
who apply for HSMP. My extension of stay should be granted only based
on old rules.

baskey
Member
Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Thu Nov 16, 2006 9:39 am

Hi All,

This is waht I am going to send letter to my MP. PLease send letters to your MPs and draw their attention. It is extremely URGENT to fight in a right time.
------------------------------------------------------


Dear

I write requesting your urgent help in connection with the recent changes in the Highly Skilled Migrant Programme and the unjust effect these will have on me and my family and our long-term future in the United Kingdom. I summarise the background to HSMP for your reference:

Background
· In 2002, the UK introduced Highly Skilled Migration Programme (HSMP), which aims to bring Highly Skilled Workers to work in the UK. It is a point-based scheme and individual must score minimum of 65 points in order to qualify for this programme.
· Points can be gained for educational qualifications, work experience, past earnings, significant achievement on their own field and partner's achievement. After successfully gaining 65 points, a candidate is able to work for any employer in the UK, be a self-employed contractor or start their own business.
· After completion of 4 years period, they qualify to apply for permanent UK residency as long as the individual is in permanent employment and not dependent on public funds.
· Once 65 points have been achieved and the individual is in employment, there is no further review required.

Four years into the scheme, the government has now changed the rules, which will disadvantage people such as myself who are already in the programme:

Changes 2006
· In April 2006, it was announced by the Home Office, that the qualifying period for permanent residency would increase from 4 years to 5 years.
· In November 2006, the Home Office again announced that those who are working under HSMP would now require 75 and not 65 points in order to extend their stay in the U.K.
· No points are now given for qualifications such as professional experience, significant achievements, partner’s achievement etc, which were earlier considered by the old scheme.
· A review is now necessary during the extension period, which now requires 75 points regardless of the individuals’ employment status.

The effect of these changes now mean that having fulfilled the original requirements of the scheme and relocated and settled with my wife and daughter, I am now faced with having to leave the UK. I accept the Government’s prerogative to change the programme rules, but surely this must only apply to new entrants and not those who have met all the requirements of the scheme and been here for a number of years.

I also discover that many employers are unaware of the HSMP and consequently still expect people entering the country under the scheme to have UK experience. Support from the Government who invited me to provide my skills and to support the UK economy has done nothing to assist me in finding a suitable position.

Whereas I understand that the Government needs to have effective immigration controls, particularly in light of the entry of more Eastern European countries into the European Union, to change legislation that effectively ejects invited foreign nationals such as myself who have met all entry requirements and are contributing to the economy, is completely unjustified. The UK Government has broken their agreement.

In summary, the Government devised a scheme to encourage qualified foreign nationals to come to the UK in order support the economy and fill the skill shortage. I accepted this invitation and have met all the requirements only now to find that Government has broken this agreement. As things stand my HSMP permit will expire in April 2008 and having established a new life in the UK for my wife and family, purchased a new home, settled into a responsible job, I will be forced to leave. I believe you agree that this is extremely unjust and unfair and hope that you will make representation on my behalf.

Thanking you very much for your attention.


Kind regards,


Xxxxxxx YYYYYYY

Rog
Member of Standing
Posts: 254
Joined: Tue Sep 14, 2004 4:21 pm
Location: London

Post by Rog » Thu Nov 16, 2006 11:22 am

Baskey

Just a suggestion, if you have already not sent out the letter, you can emphasise more on the significant difference in the structure of 75 points as against the 65 points on entry, especially the unfair age bias and high salary levels both which were not part of original scheme.

baskey
Member
Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Thu Nov 16, 2006 3:00 pm

Rog wrote:Baskey

Just a suggestion, if you have already not sent out the letter, you can emphasise more on the significant difference in the structure of 75 points as against the 65 points on entry, especially the unfair age bias and high salary levels both which were not part of original scheme.
Thanks Rog, but unfortunately I have already sent to my MP. However people can use same template to write to their MP's after some modifications.

regards,

Baskey

Junior0300
Junior Member
Posts: 92
Joined: Thu Mar 24, 2005 11:31 pm
Location: London

Moderators

Post by Junior0300 » Thu Nov 16, 2006 4:57 pm

Havent seen anything from moderators...

Haven't the recovered from the shock yet!

first2last4
Member
Posts: 210
Joined: Thu Mar 16, 2006 10:38 am

Re: Moderators

Post by first2last4 » Thu Nov 16, 2006 5:07 pm

Junior0300 wrote:Havent seen anything from moderators...

Haven't the recovered from the shock yet!
:D
Knowledge which is concealed is lost -Hadith

karupalli
Member
Posts: 180
Joined: Thu Nov 16, 2006 7:11 am

meeing in London

Post by karupalli » Thu Nov 16, 2006 8:40 pm

Please join our group to fight for justice.

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

We are all planning to meet on saturday at trafalgur square, London

User avatar
Administrator
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Mood:
Contact:
United Kingdom

Re: Our course of action for new rules

Post by Administrator » Thu Nov 16, 2006 9:02 pm

.
Junior0300 wrote:I believe this forum is sponsored by Workpermit.com. Its time for them to come forward and point us all in correct direction.

[ ... ]

Moderators and Sponsors are welcome to debate.
Yes. http://www.workpermit.com sponsors this forum.

We are more than willing to let members inform, help, debate each other. Occasionally we step in.

However, as an organization, we do not directly involve ourselves in advocacy.

Our business model is to understand the immigration systems of over 30 countries and provide assistance and resources for persons wishing to travel &/or immigrate between nations.

The United Kingdom is one of our major destinations, but we are in no position to petition the government regarding its laws.

Also, it is only one of many countries that we have to read up on legislation and guidances daily.

Immigration reform is taking place throughout the world today .. nearly every country is altering their laws and procedures.

In our view, Britain is merely taking one more step along the path of reforms that have been in the works for years. There are many more due over the next three years. Prepare yourself by studying and knowing what is on its way.

In Britain, the over-all system is moving toward a more streamlined and objective criteria and process. Agreed, there are growing pains, but there is real progress toward a simpler and more objective system.

As in all countries, some people will benefit by the changes, others will not.

In all countries, immigration changes constantly as more information and statistics are revealed and studied. Countries that don't do that tend not to be very desireable places to live.

Our business is helping people with the laws as they are implemented.

Involving ourselves in activism or policy making is not something we have the time for.

One final note, just in case you might be taking in a breath to tell me what-for ( ;) ) ....

Just about every member of our organization is an immigrant, from more than a dozen countries and located in four currently, with more planned. Some of us have gone the citizenship route, some are long-term employees, a couple by marriage, some (myself among them) started up our own independent businesses to sponsor ourselves for work permits and residency.

We have sympathy. We feel your pain.

But.

We have what we consider to be a larger picture of it. We cannot spend our resources on advocacy in Australia, South Africa, Sweden, France, Canada, the United States, Italy, Germany, Russia, the Ukraine, the Netherlands, Romanis, Turkey, India, etc etc etc.

My personal advice to all: study all information on work permits and immigration routes carefully. Your time wil be well-invested since you will be focused on long-term success.

The Admin

[ On EDIT : many of us worked an 80 hour week last week and are about to finish up 60 to 70 hours for this week to get on top of the announced changes and separate them from rumors ... in addition to our normal jobs. Some, myself among them, work more than one job. I'll be finishing my second 100 hour week sometime during the weekend.

Too bloody tired to be "shocked." ]

rella
Member
Posts: 196
Joined: Sat Apr 17, 2004 1:59 am

Post by rella » Thu Nov 16, 2006 10:50 pm

They obviously can and will do whatever they choose with their immigration system and that's their privilege. I only wish that they would give all immigrants currently living in the country one year to meet the new requirements. After all the expense and effort to relocate to a new country, it would be decent of them to give people that courtesy. If people can't meet the new requirements and know that they can't, they then would have a year to get their affairs in order and line up employment in their home country, sell their house or whatever preparation time they need to leave the country. As it is, people whose visas expire during this suspension time have no time to prepare at all. You can't sell a house or make arrangements for an international move in 28 days. You can't even get a decent fare on plane tickets -- particularly at Xmas time. Merry Christmas HSMPers! What a gift...

That's my biggest complaint about these changes -- total disregard for harming people and their families who followed the law and held up their end of the deal.

windmill
Junior Member
Posts: 80
Joined: Tue Jul 18, 2006 1:13 am
Location: USA

Post by windmill » Fri Nov 17, 2006 9:34 pm

I have a question about the income criteria under new HSMP regulations:

If I am working outside the UK for say first 6 months of my HSMP (after EC) and then work in the UK for next 6 months, can I include my income from other country for my FLR?

In other words, that 8 months out of first 12 months, does that HAVE to be in the UK or just if we fulfill the income requirement, we will still be good?

dcguy
Newly Registered
Posts: 14
Joined: Fri Feb 18, 2005 3:48 pm

Post by dcguy » Sat Nov 18, 2006 1:40 am

I strongly support the letter and media campaign that many have suggested. I would add that you should also convince your employer and UK-citizen colleagues to write to the HO, MP and the media.

They are the "stakeholders" that the UK government is most interested (and most vested) in hearing from. If you look at the 2005 "Managed Migration" document that, unfortunately, has given us these new FLR rules, there are countless quotes from employers such as Goldman Sachs supporting the need for highly skilled workers. I lived 17 years in Washington DC, the king of politics, and know how effective a grass-roots media blitz can be. The public needs to know about our plight! I'm sure even our employers, who value our skills, don't know about this arbitrary change in their valued workers plight!

FIGHT ON!

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