HSMP, 1+3+1 EXTENSIONS

[ATBPLC]

Dear Mrs Khan,
See a copy (below) of a the response from David Cameron to a letter of complaint.

I cannot agree with him less.

They know what they are doing. Even if many have masters like I do. they must miss the point on either age or income. So what they expect is for majority to go hime, as if we gatecrashed into Uk, or as visitors

They have forgotten, they invited us through juicy adverts on HSMP promising settlement. THEY LURED PEOPLE IN AND NOW USED READY TO BE DUMPED. This is surely modern slavery.

Why is nobody talking about it? The very vibrant UK press is silent.

HOW CAN YOU CHANGE THE SYLABBUS OF AN EXAM WHEN THE EXAM HAS STARTED. NO DOUBT ONLY FEW ANGELS AMONGST US WILL PASS SUCH EXAMS.

See a scenerio, If you entered as a banker , age 36, with executive experience in your country and you are to earn around £40,000 in UK YOU MUST BE READY TO OCCUPY SENIOR MANAGEMENT POSITION IN UK, BUT WHO WILL GIVE U THAT WHEN BRITISH AND EU CITIZENS ARE THERE.

We ahve been robbed, we must fight to regain the earlier guarantee./

WE CANT BE MADE THE VICTIMS OF THE CHANGES IN POLITICAL IMPERATIVES IN UK

Dear Ola,
>
> Thank you for your e-mail about the problems created
> by the changes to
> the rules in the Government's Highly Skilled
> Migrants Programme. I am
> sorry to hear about the individual difficulties this
> is causing you.
>
> It is clear from the number of complaints appearing
> about the new HSMP
> that the Government is indeed guilty of failing to
> provide adequate
> guarantees for some of those who have already moved
> to Britain under
> this programme. The rules have been changed in the
> middle of the game,
> which is bound to create unfairness.
>
> The Shadow Immigration Minister, Damian Green, has
> put down questions to
> the Home Secretary about this issue, and our Home
> Affairs Team will
> continue to press the Government to treat fairly all
> those who have come
> to this country in good faith to work and contribute
> to Britain's
> economy.
>
> Yours sincerely,
>
>
> Alice Sheffield
>
> David Cameron's Office
> House of Commons
> London SW1A 0AA

[Uchmando]

ATBPLC,
Really it is an avdvanced form of slavery! There is absolutely no doubt about this and I find it so difficult to believe that the British Government could descend so low to implement so a change.

So many issues at stake here... several people have lamented about how long it takes an average HSMP candidate to settle down when they come into UK. Secondly, the issue of UK experience no matter your qualifications and experience is a very critical one. It means on the average one must spend some months after arrival before getting any professional job irrespective of the salary level, except on a few exceptional cases.

That was why I really questioned the integrity of some members of this board when one 'Amry' wrote several posts justifying the action of the UK Government. He also went ahead to list his qualifications which was very childish because most of us are much more qualified than what he claimed he has.

Take a case of someone with Bsc. In Applied Accounting (Oxford Brookes University), ACCA, CISA and CIA with strong background and experience from Africa. This person arrived with a very strong hope of starting work immediately since he has UK qualifications, but up tll the third month after arrival, he hasn't obtained any. Guess the reason... lack of UK experience. So why invite people without UK experience in the first place?

You see, my dear colleagues, there are so many things involved in this issue and I still believe the only way we can resist this Advanced form of British Salavery is by coming to together to fight it legally.

The contributions of the sincere members are highly appreciated as it has helped to reduce stress level of some families... at least the fact that it is not a one-person affair.

Sincere appreciations.

[Mrs Khan]

I strongly agree
Its not easy task to find a job in UK with overseas experience. This is my personal expererience after arriving in UK. I fid it very difficult to get a job despite my experience of working with British Embassy on a high profile post.
I got a job after struggling for 6 months. No one gives you a handsome salary with one year visa.

I think the main motive behind HSMP was to generate funds from the fee they were receiving for rejections and acceptance. So in a way all the HSMP applicants were contributing towards British Economy .
There was no intention of giving an ILR to any HSMP and it has become evident with these frequent changes.

[jasba]

Hello guys,

Apologies for being ignorant about this 1+3+1 HSMP issue. Also for being not in touch with the news that the HO would not consider WP+HSMP for FLR consideration. I always thought that it has been very clear since the very beginning(since HSMP & WP came into existence) that for FLR the candidates would be able to combine HSMP & WP together. So I do not understand the fuss about FLR clock being reset if a candidate changes from HSMP to WP.

jasba

[innocent]

Plese just check,

Hello everybody Read this mail clearly as i mailed to HO and what have they replied:

I wrote:
> -----Original Message-----
> From: Panchal Kalpesh [SMTP:kalpeshpanchal@...]
> Sent: 10 December 2006 18:06
> To: WPLTR4
> Subject: RE: Inquiry For HSMP.......Helen Warsop
>
> To...Helen Warsop
> Leave to Remain Casework
>
> Thanx for giving us information about confusion which form should we
fill up for one year extension...
>
> Let me ask you few questions...
>
> 1....Between April 2006 and Nov. 2006, HSMP people had a one year
visa, and They have been extended 4 year visa...that means 1 + 4 year..So
they may complete 5 year and they will jump directly to Indefinite Stay
application...and they will not be affected any points based
system...Am i right?
> Now our case We applied before april 2006, and we got 3 years
visa..And as per changes on indefinite rule, we have to apply for 1 year
visa..and we have to go through points based system...How is it possible?
> This is very big contradiction thinking..So can u explain me please
is it fair?
>
> 2..Now when we applied for HSMP fresh application, at that time..you
have put age point..
> Think about at that time..we were 28 years old...and after 4 years,
we will be 32 years..
> and you r providing only 5 points...and below 29 years you are
providing 20 points...
> This is very big contradiction thinking..So can u explain me please
is it fair?
>
> So please give me proper information about these my questions..How
will it work for us?
>
> Awaiting your positive reply.
> Thanx
> Bye


From HO:
I am sorry but you will have to apply again for a further year, we
are operational, it is policy who make the changes and we have to apply
the new rules, it is unfortunate that in your case these new rules
apply but there is no other alternative than to apply for another HSMP
extension if you wish to remain in the UK on the HSMP programme.

Kalpesh Panchal

So guys Please join us on HSMP forum For LEGAL FIGHT. jUST DO or DIE,You have no any other option.

[inderjit]

answer for query from home office

I can confirm that you will need to apply for a further 1 year extension to take
you up to the required 5 years for ILR.

With regards to the points for age, I am afraid that if you do not meet the
required criteria there are no transitional arrangements for your circumstances,
and you would have to gain points in another category to take you up to 75
points.

I hope this clarifies the situation for you.

Kind Regards,

Georgia Prince
Customer Service Advisor

[kolabalo]

I felt very bad when i read the new guidelines on FLR Hsmp and i am worried and surprised that such an unfriendly guideline came from the HO. It is unimmaginable for a person who came with his/her family to the UK to be subjected to another more stringent score assessment after scalling the initial one.

We have to tackle this from all front, if any new policy is to be applied at all it should be for fresh applicantions, i wonder how many people will be able to qualify for extension under the new guideline. it should be withdrawn immdiately, we have left our job at home and our children are already settled here and we just cant go back, after all they invited us to come and they should be more involved in our settlement rather than this one.

KB

[ATBPLC]

We need to wake up to this uncertainty created in our lives.

They offered transitional arrangement of switching to WP, but somebody's application has been rejected reason being that the level of work is not such that can warrant a work permit.

How can?

[yodiyokun]

they know what they are doing,
I hope a judicial review will work.

[pantaiema]

The main concern with switching from HSMP to WP is that your clock towards ILR is reset. You will need to spend at least 5 years before you could qualify for ILR

Pantaiema

We need to wake up to this uncertainty created in our lives.

They offered transitional arrangement of switching to WP, but somebody's application has been rejected reason being that the level of work is not such that can warrant a work permit.

How can?

[ATBPLC]

The main concern is not the clock-reset but everything about approaching your employer who initially employed you on the basis of the fact that you dont need WP to work in UK, to now request the employer to sponsor you for WP might not work out.

Another concern is that many of us are engaged in works that will never qualify for work permit. After all anybody can do your work

So now that an application has been rejected on the basis of the work not warranting WP, I now understand where they are going.

These are all problems created so that not many will scale through extension.

[webhunter]

Totally agree,

Most employers recruited HSMP applicants in the hope that they dont have to worry work-permits. Atleast all the jobs I applied and was called for the interview, made sure that I wont need any visa help from the employer and I was free to work with out any fuss or mess.

So most likely, your current employer wont, unless he is used to sponsoring work-permits in the past. However, if you are quick enough, you may find an other employer (mostly Indian companies here) who do it all the time.

[Jk2007]

I too agree with WebHunter's Opinion.

Getting work permits through the current employer is going to be a challenge. There is also an additional rule that you should have been with the current employer for at least 8 months, for the work permit application to go through smoothly. Only in such cases, the HO will waive the UK labour test (I think this is a requirement to advertise the position and wait for any UK resident to fill the position).

If you cannot get WP through current employer, getting WP through some other companies/agencies will have other implications - Such companies almost always take a cut (about 10%) from your salary just for filing WP.

[webhunter]

You brought up an interesting point.

The 8 months limit, is it entirely with the current employer? or could that 8 months be with more than one employer?

[Jk2007]

For getting waiver of residential labour test requirements to get Work Permit, the period of employment under the CURRENT employer only will be considered. If you were with multiple employers within this period, you may not be eligible for the waiver of residential labour test requirements to get WP under transitional arrangements.

In case of 1+4 extensions, the period you should have been with the current employer is 8 months. In case of 1+3+1 extensions, the period you should have been with the current employer is 12 months.

However, you are free to find an employer who can sponsor work permit meeting the residential labour test requirements. Such cases are not considered as transitional arrangement, this would be like regular WP applications.

[Rog]

If they are going to reset the clock then is it not better to abandon HSMP and try to switch to regular WP rather than wait for 'transational arrangements' at the end of 1+3 period.

[Mrs Khan]

What about those who got One year EC initially are applying for Extension now. Do they need to be in employment for 8 months also ?

[Jk2007]

[quote="Mrs Khan"]What about those who got One year EC initially are applying for Extension now. Do they need to be in employment for 8 months also ?[/quote]

Yes, for transitional arrangements for transferring to WP.

[ATBPLC]

Dear All,

In consonance with the advise to write our MPs, I wrote to my MP Rt
Hon Hillary Benn who kept me abreast of what effort he was making to
get response from HO.

Today I just received the Minister's response to my MP, dated 15th
December, instant (written personally by Minister of State, Liam
Byrne) AND WAS REDIRECTED TO ME, without any comment from my MP OTHER
THAT 'WITH COMPLIMENTS'

From the response, it is very clear and obvious that we are in for a
big fight and only a Judicial review will save many of us from beign
sent home . The minister restated the changes in unequivocal way
without missing word that we must abide by the changes.

In my own case the Minister went into my record, BY STATING WHEN MY
VISA WILL EXPIRE, and advised that I must take advantage, early
enough, of transitional arrangement, and that I should remember that
the clock will be reset once I change to WP. He even said it is
unfortunate if I ahve not found a suiatable employment

He explained to the MP that the age discrimination was based on the
fcat that younger HSM will be more useful in the labour markrt for a
longer period. Can you imagine?.

He concluded by stating that "it is not true to say that, as a result
of approving an application under the HSMP, promises were given that
a three-year extension and subsequent indefinite leave to remain
would be automatically, granted."

[manindergill]

He concluded by stating that "it is not true to say that, as a result
of approving an application under the HSMP, promises were given that
a three-year extension and subsequent indefinite leave to remain
would be automatically, granted."

The message is clear ... , This is Advanced Form Of Slavery, Bring Highly Skilled People from across the world for 3-4 years to get Taxes and NI and later due to some way or another , force them out.

Well , this is not the first time these people behaving these ways. They have managed their colonial rules in the same ways, with these sort of reasons, with reasons like "You are still not fit to manage your countries", kept on stealing wealth from countries with most inhuman attitude ever heard and seen in history and now advocating the human rights etc.

But I am amazed to realize that even with this wealth stealing, UK is still not the richest country of world and provides very limited opportunities. Even the richest person of this country is not a native citizen

[Rog]

The Minister's reply in ATBPLC's case is very unfortunate. He grants lesser human rights to HSMP holders than criminals and asylum seekers. Our only hope is the judicial review. I heard from a French national that as per EU rules if you have stayed in an EU country for 5 years as a working migrant, you cannot be deported except you have indulged in criminal acitivity. The resetting of the immigration clock is the most illegal point of making us work for 9 years before ILR may be considered.

[Jk2007]

ATBPLC

Did you make your HSMP extension application, has it been considered by HO?

[ATBPLC]

No I did not make any application as my old extension is yet to expire. I only wrote about the changes to my MP

[ATBPLC]

We need to know if there are people in 1+3+1 category that have applied for final 1 year extension and their results

[ajani]

I will send in my application sometimes next week and will keep you posted.