HSMP SUSPENSION TILL 4th Dec, News Rules for HSMP

[UKbound]

I just read through the immigration boards and saw the info about the changes. While I'm not affected (fortunately I already have an MBA, and enough income), I sympathize for those of you that will.

In the scenarios that they have approved, someone that may be older and very experienced (legitimately), and earning enough money, will not be allowed to stay without having formal education - They won't earn enough points to qualify under HSMP. I'm really disappointed that the changes were enacted, and especially frustrated that they were done without notice or "grandfathering" in those already here. It makes me concerned about the future.

[pradeep]

Please allow me first to explain the situation in some detail. We, the WP and HSMP visa holders, made our decision to come to live and work in the UK based on the immigration rules laid out by the government at the time of our application. The main terms included working in the UK, paying full residents’ taxes, paying full residents’ National Insurance, making no recourse to public funds, and a four-year time frame to qualify for indefinite leave to remain in the UK. We were accepted as legal immigrants; invited to integrate into the British economy and society; made life-changing arrangements; and came to legally live and work in the UK according to these immigration rules.

Since we arrived in the UK, we have been abiding by these rules, we have been working and contributing to the UK economy, we have been paying full residents’ taxes, we have been paying full residents’ National Insurance, and we have not made any recourse to public funds. In other terms, we have been paying full residents’ contribution to the economy, society, and country we live in, without being allowed recourse to full residents’ benefits and rights. We chose to accept this arrangement because it was bound to last for four years, after which we were supposed to qualify for indefinite leave to remain in the UK.

Now, the government has decided to change its immigration rules and extend the current four-year time frame to qualify for indefinite leave to remain in the UK, into five years. We are not contesting the government’s right to change its immigration rules. However, we are objecting to the retrospective application of these new rules on current WP and HSMP visa holders because it is not fair and because it will create unanticipated hardships for many law-abiding, hard-working, highly-skilled immigrants, who made life changing arrangements to live and work in the UK under the original immigration rules.

The stated rationale behind the change is to ensure better integration of economic migrants into UK society. I believe that this change of rules in fact limits our full contribution to society, creates feelings of alienation and non-belonging, and puts us at a significant professional and economic disadvantage.

First, it is almost impossible to get a reasonable mortgage deal if one does not have an indefinite leave to remain. Not owning a home is certainly not conducive to feelings of integration and settlement. It also prevents us from fully participating in and contributing to the UK economy.

Second, until holding an indefinite leave to remain, I and other members of my family do not qualify for UK residents tuition fees in any educational institution. This adds an unaffordable economic burden and significantly restricts our opportunities for learning and development.

Third, it becomes increasingly difficult to be granted entry visas to other countries if our leave to remain in the UK is valid for less than 6 months, which limits our freedom of movement, and put those of us whose jobs require overseas travel, like myself, at a great professional disadvantage. Applying the new immigration rules retrospectively will unduly stretch this disadvantage.

I very much value the democratic system that allows me to express my opinion, and work to change what I believe is wrong. We, the WP and HSMP visa holders, are therefore writing to our MPs, to the Government and to the Opposition to express our objection and to seek help. We have also written two online petitions objecting to the retrospective application of the new rules and have gained the support of several hundred signatories. You can access the petitions using the following hyperlinks: http://www.petitiononline.com/ILR45/petition.html, http://www.petitiononline.com/aioaim/petition.html and
http://btcd.turkish-network.org/class/c ... 72515D4352

I hope I managed to make clear our case against the retrospective application of the newly introduced immigration rules on current WP and HSMP visa holders. I would very much appreciate your assistance in voicing our grievance and objection to the Government and in the House of Commons. I would also appreciate your advice regarding the best course of action we should follow to try and reverse the retrospective application of these rules.

Thank you for your help,

Sincerely,

[pradeep]

It makes a great deal of difference for those who will have to reject a good job offer, or not be able to move to a larger flat when their child is born, or have to tell their child that they cannot go to university this year.

But much worse, some people will have to leave the country, where they have been living and working for 4 years, because their current contracts expire and other employers are only ready to take them if their visa status is permanent. For those who can salvage their job, the retroactive changes extend the already severe restrictions on travel outside the UK while awaiting settlement status.

Even for those of us who do not face immediate difficulties, the new changes bring incredible distress, despair and uncertainty. They make us feel very vulnerable in the country where we have chosen to live and work, and whose liberal values we trusted and relied on.

The recent changes are only a first step in major reform of UK's immigration policy. If the practice of introducing changes retroactively is not nipped in the bud, who knows what further upheaval in our lives we can expect?

[UKbound]

Pradeep -

The petitions you have posted relate to the change from 4 to 5 years. You may also want to include language related to the change in the rules for qualification for HSMP. Especially the requirement that current holders must re-qualify under the new terms before being given an extension.

[lanwarrior]

Hello friends
Thanks for answering my previous query.I have another query about the new Hsmp requirements
"In addition, there will be a new mandatory English language requirement (IELTS level 6 or equivalent) for all applicants."

I have done both my bachelors and masters in english medium what proofs do I need to submit or do I need to take any separate test

Thanks

your BSC certificate

NOPE. You MUST provide your BSC certificate AND letter from the awarding body that the course you've taken was taught in English, EVEN if you complete your degree from an English speaking country. That includes USA and UK. Check out the new HSMP guideline document.

This is one of the biggest problem for me because I am hitting brickwalls trying to get such letter from my University. ALL of the people I've spoken to told me the same thing: "You're from USA, you graduated from a US college, your degree and transcript are in English, why do you need another letter explaining that?" and they're worried in issuing such letter because not only it's odd because there maybe some legal issue in issuing such letter.

What the hell is the HO trying to do here?? It's bad enough that those who were approved for HSMP prior to the new plan have to get re-qualified again, but this requirements of getting a letter is just plain stupid! I wonder HOW MANY UK University is willing to produce such letter.

Sorry, I am just ranting because I am pissed with HO and their stupid regulations....

[ATBPLC]

Hi All,
It just occured to me now that I should call on everybody to join hands in fighting this war. Even those who have got 4 years extension are not spared the ordeal.

This is because 5 years stay will be calculated from the date yor entered Uk and not date of visa, which means many who have got 4 years extension will still run short of 5 year stay requirement by the time their visa expires and they will still need to ask for some months extension.

We are in. Lets fight through the yahoo group.
#
We cannot be made victims of the change in political imperatives

[badhorse]

Any one of you who got Qualification score on 15 years of education ??

I don't understand why the number of years of educatin is an issue here. If you have got your Bachelor's Degree then your should be awarded 30 points? Why not? I don't understand it.

Do you mean the UK doesn't recognise your Bachelor's Degree because you've only received 15 years of education?

[ATBPLC]

LETTER FROM HOME SECRETYARY IN RESPONSE TO IMMIGRATION LAWYERS REACTION TO CHANGES

Consultation and timing:

I should first clarify that these changes are not the points based
system (PBS) and that we have not yet introduced the PBS. The
changes are, as the announcement stated, the first step towards the
pes, but they are different to that system. The new attributes are
indeed the same as those set out in the PBS Command Paper. However,
we have changed the HSMP attributes on two previous occasions within
the brief lifetime of the programme and these changes are not
different in kind to those. Indeed, HSMP has always been a
'points based system'. Many of the features which will define the
PBS - the
introduction of control tests (for example, funds), the move to a
one-stage
decision process for Tiers 1-3, and the removal of the right of
appeal in entry
clearance cases - have not been introduced with this change. It is
therefore
not correct to assert that we have now introduced the PBS without
consultation.


It is not our normal practice to carry out formal public
consultations on changes to the Immigration Rules, and I strongly
dispute the contention that we have broken any undertakings to
consult.


The changes will come into effect on 5 December and we will be
monitoring their impact, fully evaluating the new arrangements
before we make formal preparations for the implementation of Tier 1
of the PBS.

An announcement of a definite policy change within three weeks
would, I believe, have led to an even larger increase in the number
of applications, which would have resulted in very significant
operational difficulties, and, as a result, poor customer service
for applicants. In the light of this, there is no reason not to
bring the changes in quickly. However, by making the forms and
guidance available during the suspension period, we have tried to
avoid inconveniencing our clients.

You are also concerned that people who were in the process of
preparing
their HSMP applications have been disadvantaged by the changes. I
accept
that applicants in some cases may need to make further enquiries to
obtain additional documents, but this is unlikely to result in
significant additional expense - applicants will possess many of the
necessary documents themselves and are likely to be able to use some
of the others which they were already preparing to submit. In fact,
applicants can still submit applications on the old FLR (lED) form
during the suspension period, so they will not necessarily have to
redo their whole application. They can either send in additional
material or wait for us to write out to them, requesting additional
documents.

Tests at extension

I do not accept that those who receive a grant of leave in a
category have
a legitimate expectation that the rules for further grants of leave
within that
category which existed at the time of their first grant of leave
will apply to them
for the rest of the time that they spend in the UK. The rules must
be capable
of being changed from time to time so that the Government can carry
out its
policies - in this case, to ensure that those granted further leave
to remain
under HSMP will benefit the UK economy. The power to make changes to
the
Immigration Rules, as laid out in the Immigration Act 1971, is not
restricted to
changing the rules for entry, or to changing the leave to remain
rules only for
those who obtained leave to enter when those were in force. The only
expectation which applicants should have is that the rules and
policies which
are in force when their application is decided will be correctly
applied to them.

Indeed, it has never been guaranteed that applicants would qualify
for
further or indefinite leave to remain, so there has always been the
risk of not
qualifying for further leave. We have merely tightened up the rules.
I also do
not believe that this is incompatible with the requirement under
HSMP to have
made the UK your main home. This does not require the severing of all
connections with the country of origin and refers to the need to
make the UK
your main home during the course of your leave, which is necessary
for highly
skilled migrants.

As you know, we have introduced extensive transitional arrangements
to
ensure that we retain many of the talented people who will not pass
the new
points test for extension applications. These cater both for the
self-employed
and independent contractors, and make the process of switching into
work
permit employment for those who have been in employment easier. I am
satisfied that this will allow the vast majority of people who have
been
economically active, but who will not pass the points test, to be
granted further
leave to remain.

The statement in the consultation document on the PBS that HSMP
Participants and work permit holders will be able to qualify for
permanent
Residence remains correct. That statement did not, however, imply
that the qualifying criteria for grants of leave under those
categories would remain
Unchanged.

I note your concerns about the introduction into the two new
prescribed
forms of a declaration that applicants recognise that the
Immigration Rules
may change during the course of their leave. This does not introduce
a new
power. As I explain above, we are already able to change the rules
in this
manner. This merely makes it explicitly clear to the applicant that
this is
possible, and so is in the interests of applicants. The introduction
of this
clause is not intended to justify the current changes, nor does it
imply that
applicants would not have been aware of this possibility beforehand.
The
power which this clause describes is not about changing 'the basis
of [the
applicant's] status at any point in the future without any notice at
all', as you
write. Unless there are individual reasons to curtail somebody's
leave, which
do not relate to broad policy changes, applicants will always be
able to
complete their existing leave. The issue in this case is about
future grants of
leave. I understand that you feel that there should have been
consultation
about the introduction of this clause. It would not be practicable
for us to
consult on the introduction of every new clause into a form,
especially when
the clause relates to the exercise of an existing power.

New attributes

You have raised a number of issues concerning the changes to the
points
scoring criteria.

We have removed the points for work experience in favour of those for
previous earnings. When drawing up policy before the publication of
the PBS Command Paper, my officials carried out an analysis of
existing HSMP participants at the further leave to remain stage.
Those applicants who had scored points for previous salary were
earning significantly more than those who had not, and those who had
not (those who tended to score the majority of their points on the
basis of previous work experience) were often not in highly skilled
employment. We believe that the best judge of whether an applicant
has the appropriate experience to succeed in the labour market is
an employer, rather than an immigration official.

People with work experience but a lower previous salary are welcome
to apply for a work permit; their prospective employer will often
offer them a job on this basis. This is reflected in the responses
to the consultation. The consultation response covered both Tiers 1
and 2, and the emphasis on the importance of work experience as
opposed to salary is likely to be more in relation to Tier 2. This
was the impression which my officials gained from their analysis of
the consultation responses. Finally, previous salary is a
much clearer, more objective attribute than work experience, and the
responses to the consultation listed objectivity as the most
important factor in drawing up the new system.

We have emphasised the degree requirement because we are satisfied
that those applicants with degrees are likely to be those who best
meet the aims of the HSMP. Applicants may also apply on the basis of
equivalent level professional qualifications and those without a
degree may apply under other categories of the Immigration Rules. We
have included points for age in order to reward young, highly
skilled migrants who have good salaries for their age, but who may
struggle to gain enough previous salary points because of their
lack of work experience. The inclusion of points for age is a natural
consequence of the inclusion of those for previous salary.

The Home Office has not made misleading statements about the
inclusion of work experience as an attribute, nor have we ignored the
responses to the consultation. As I have mentioned, the responses
about previous work experience in the consultation are likely to
have related more to Tier 2. We gave very strong consideration to
the consultation responses, but we may sometimes take a different
view, particularly if our analysis has led to
different conclusions. Any comments on work experience in the five
year
strategy reflected our thinking at that time and predated that
analysis - had
we already made a definite decision in February 2005 that points
would be
included for certain factors, this would have made the consultation
superfluous.

It is correct that those who switch into another category will not
be able to
use their previous leave under HSMP to qualify for settlement.
Although I am
aware that this may cause frustration to some people, the
Immigration Rules
are drafted in this way (and have been for some time) because those
switching from HSMP into another route may not have been economically
active during their HSMP leave.

Any set of attributes which we choose is likely to exclude some
highly skilled people. I am satisfied that the new requirements for
HSMP will exclude as few of these people as possible and that they
contain sufficient flexibility to cater for talented people from
across the world.

I do understand your concerns and I realise that the introduction of
these changes may at first lead to some uncertainty amongst those
who apply for the HSMP. However, I am satisfied that these changes
strike the correct balance between the need to address the needs of
HSMP applicants with the need to carry out policies which are in the
interests of the UK.

For the reasons which I have set out, I am afraid that I cannot
agree that the changes be suspended pending formal consultation, or
that the old rules for extension applications be applied to those
already in the UK. Regarding your request for confirmation that at
least twenty-one days' notice be given for all future Rules changes,
we will always endeavour to give this notice unless there are strong
reasons not to, as there were in this case.

___________________________________________________

[Junior0300]

if you switch from HSMP to WP then your clock will start from the beginning!

Is my understand is correct from above?

ahhh B*****Ds

[John]

Is my understand is correct from above?

NO! Time on HSMP and WP, in any order, counts towards the 5 years.

[rella]

John,

If these comments from the Home Secretary that ATBPLC posted above are accurate and genuine, he states:

It is correct that those who switch into another category will not be able to use their previous leave under HSMP to qualify for settlement. Although I am aware that this may cause frustration to some people, the Immigration Rules are drafted in this way (and have been for some time) because those switching from HSMP into another route may not have been economically active during their HSMP leave.

This would mean for those who have to get leave for a 5th year under HSMP and can't meet the new points requirments and have to get a WP -- they would start their clock from zero. I don't see any other way to read that, unless he meant the initial 1-2 years and not all HSMP time.

It really does seem that the HO is purposefully trying to remove as many exisiting HSMP holders from the programme as possible. If this comment is true about previous HSMP leave not counting towards settlement, why are they singling out HSMP holders for this type of treatment?

[ATBPLC]

Dont daydream it is clear from above once you change, you start again.

We have been cheated. We need to fight

[rella]

Do you have any idea how the ILPA is reacting to this? I can't imagine that the corporations that they represent are happy about it.

Has anyone sent this transcript from the Home Secretary to opposition MPs? I think the only way to frame this whole mess is to point out the deplorable way that Labour has handled immigration, with one scandal after another. And then instead of addressing the real concerns of the British people, like illegal immigration or overstayers on benefits, they come after their supposed crowning jewel in their immigration scheme and force families out who were enticed here by being told that we could all make this our permanent home. Labour is using us for political ends. If they want to make this political, then so do we.

[abisurd]

Really.... it just sucks

[badhorse]

Is my understand is correct from above?

NO! Time on HSMP and WP, in any order, counts towards the 5 years.

Are you sure? It was my understanding but I never know the source of this. Could you give the source?

[M6]

r u sure?? the clock will not reset if we change from HSMP to WP?

[LondonBlonde]

It just keeps getting worse doesn't it?

So now work permit holders are in a higher category.

WP to HSMP (optional for all) - years worked as WP holder count
HSMP to WP (forced for some) - years worked under HSMP are ignored

What next!?

LondonBlonde

[higgie]

just on the topic of migrating from HSMP to WP, does anyone know if we need to first fail the HSMP extension assessment, pay a inordinate amount of money, and then proceed to apply for a WP? or can we apply for a WP without having to fail the new HSMP criteria for extensions?

I hope i'm making sense (it's midnight, and i've been seeing red since I read the news around this)... i just don't want to pay 600 pounds (my application, IELTS and partner's application) just to have it rejected. I'd rather just get my employer to pay for sponsorship and not waste anyone's time.

Has anyone had a heads-up on this? If not, i'll post the reply from the HSMP people once i get one (only sent it a couple of minutes ago).


**UPDATE** - if anyone's interested, i've posted the reply from the home office (it was a verbal conversation) here:
http://www.immigrationboards.com/viewto ... 4154#64154

[first2last4]

It just keeps getting worse doesn't it?

So now work permit holders are in a higher category.

WP to HSMP (optional for all) - years worked as WP holder count
HSMP to WP (forced for some) - years worked under HSMP are ignored

What next!?

LondonBlonde

Doesnt look like the issue ends here.
As per this post probably there are hidden agenda.

anyone knows if we can get some more information under the freedom of information act etc... Basically if we can know what they intend to introduce for ILR clock in the future it would be very helpful.

[rella]

I've been thinking a lot about this and I've come to this conclusion -- wonder what the rest of you think...

I think these new rules were put in place to try to get everyone into the new Tier1/2 scheme. Most people under the existing HSMP programme will fit the role of Tier 2. So, the HO is trying to transition people over into WPs by making these special transitional arrangements.

The reason for the business exception, is that they're giving people a chance to fulfill the entrepreneurial conditions for the new Tier 1.

People who are doing well enough to meet the new rule requirements will be allowed to stay in the HSMP scheme for now.

Unfortunately, those who don't have employers who will sponsor them on a WP or who can't fit into any transitional arrangement will find themselves in a very bad position. All those people can do is appeal their FLR refusal, while trying to secure a job with an employer who will sponsor them on a WP.

At first, I thought it was the HO's way of clearing out immigrants (and it might be to some degree). But I think the bigger plan is get everyone moved into the Tier1/2 structure.

What do the rest of you think?

[badhorse]

Friends,

We need to confirm the source of this ILR clock reseting thing.

Did Liam really say it? To whom? When and Where?

Is this something that can be confirmed?

How come it was leaked to this forum?

What is the current official line on this issue?

It is tricky!

[rella]

We can't plan our futures based on rumour. We'd have to see some confirmation that this is a genuine transcript. And even if it is, Byrne may not have all his facts straight. He is, after all, a minister whose underlings are likely doing all the real work.

Until we see the new regulations in writing, we have no way to know the real truth and what we're actually going to be dealing with.

[LondonBlonde]

We can't plan our futures based on rumour. We'd have to see some confirmation that this is a genuine transcript. And even if it is, Byrne may not have all his facts straight. He is, after all, a minister whose underlings are likely doing all the real work.

Until we see the new regulations in writing, we have no way to know the real truth and what we're actually going to be dealing with.

Your right Rella, there was no official announcement of this new HSMP to WP rule (time as HSMP is not counted toward ILR). However, it appears that Byrnes speech was the first and last word on this as HO are now backing up this harsh rule when asked via email.

I think Byrne may have accidentally leaked the information. If this is the case, then when were they planning to tell us - after thousands had already moved to WP?!

[SYH]

How do these new rules impact ILR via HSMP is it the same criteria??

[LondonBlonde]

Fortunately, ILR is nearly the same for HSMP as everyone else. You will not have to pass FLR(HSMP) points again, however you will want to have a job and enough funds to support yourself for the next x months. Also, there is a new Britishness test you will need to pass.

Once you have an extension that allows you to stay under HSMP / WP for at least 5 years, you will not be required to meet the rigid points system again.

LondonBlonde