Changes Very soon in Tier 1

[satish.pand]

I just applied for my Tier 1 extension. I am currently in U.K in HSMP based on the 05/Dec/2006 rules. The output from points based calculator is as shown below.

Select which tier you are applying under.
Tier 1 (Highly skilled workers)

Select what category of tier 1 you are applying under.
Tier 1 (General)

Where are you applying from?
Inside the United Kingdom with permission to stay

What type of application are you making?
Extending your stay in the United Kingdom

Are you already in the United Kingdom with permission to stay as a highly skilled migrant, with an approval letter issued under the immigration
rules in place from 5 December 2006?
Yes

This clearly shows that we are indeed applying extension of Tier1

[simar]

Hopefully HO might make concession for people who are going for Tier1 extension only. But nothing is certain till they update their website.
Till then assume that all HSMP, Tier 1 people who are applying for tier 1 extension after April 2009 , got to have Masters Degree just like any newcomer.
Lucky are those who will apply for ILR straight away after 5 year stay.

Also it takes roughly min 2 years to complete masters while doing job. Also it costs around 10,000 pounds as fee per year. Also courses starting from Sept 2009 needs to apply now. Those who have time till Sept 2011. Better apply for masters now

[IshaK19]

watch her here talking about it

http://www.bbc.co.uk/iplayer/episode/b0 ... 2_02_2009/

The relevant part is about 45 minutes in.

Dear All,

I am due to apply for Tier 1 on 20th March. Will the new rules impact my application. Would they delay the march applications bcoz of these changes. I read that the rules impact on the date ur biometric is taken. so if it will be on 20th march then i hope current rules will be applied to my application. Can please any of you advice? Thanks, Isha

[waz1234]

watch her here talking about it

http://www.bbc.co.uk/iplayer/episode/b0 ... 2_02_2009/

The relevant part is about 45 minutes in.

Dear All,

I am due to apply for Tier 1 on 20th March. Will the new rules impact my application. Would they delay the march applications bcoz of these changes. I read that the rules impact on the date ur biometric is taken. so if it will be on 20th march then i hope current rules will be applied to my application. Can please any of you advice? Thanks, Isha

as they are due to be implemented in April I cant see how they would affect your application in march

[gordon]

nionlight highlights a crucial distinction: whilst HSMP was functionally replaced by Tier 1, there is no doubt that those currently here under HSMP extend their stay by applying for Tier 1 -- so in this case, extending the stay and extending the extant visa are not the same thing. Given that HSMP and Tier 1 are covered by separate segments of the immigration code, I worry that these changes might simply be a sleight of hand in which those currently on HSMP would be considered 'new' applicants for Tier 1, and thus subject to the revised point scheme whilst ostensibly 'extending'. I am not confident that the BA would be favourably disposed to transitional arrangements for extant HSMP visaholders: having multiple tracks and differentiated assessment criteria was exactly what the BA wanted to avoid in aiming for simplification of immigration pathways in the PBS.

I am writing to my MP (Evan Harris) in order to reiterate my expectation that the BA should not 'pull a fast one', as the Americans say, and that the BA ensure that reasonable transitional arrangements are set in place, if for no other reason than to pay lip service to notions of natural justice and fair play.

Re: the quotation below, I wonder whether people have noticed that the reference to economic circumstances suggests that, at least vis-a-vis migration policy, that the Home Office think that adverse economic conditions will continue into 2010/11, thus requiring adjustments to Tier 1 criteria further down the line as well !

The Home Secretary has also asked the independent Migration Advisory Committee (MAC), chaired by Professor David Metcalf, to report on:

* whether there is an economic case for restricting tier 2 (skilled workers) to shortage occupations only;
* his assessment of the economic contribution made by the dependants of PBS migrants and their role in the labour market; and
* what further changes there should be to the criteria for tier 1 in 2010/11, given the changing economic circumstances.

AG

[confusedhsmp]

I just spoke to the Home Office work permit department on 0114 207 4074 .

For your reference the person attending the phone was DAVID.

I tactfully asked him about what is all this new rules/bars about.

He actually read me (dictated) the wording of information he had recieved from his seniors this morning. it says as follows:


"WHOM DOES IT AFFECT?

Migrants who are applying for their first term of Leave to enter / Leave to remain in theU.K"


I really dont want to draw any conslusions yet but expect you all to give your views on it.

********************************************************

I personally think it only affects people

1. who are applying for the first time to enter under Tier 1

2. AND, people who are switching their category to Tier 1from within UK.

Gordon: What do you think in light of above?

[bgmdude]

I think we should also highlight the plight of Tier1 migrants in terms of extension to media such as BBC.

Here is the email, contact@bbc.co.uk

Need to create more awarness within media. Please keep posting contact details of media as well.

[ssoct98@hotmail.com]

Gordon,i dont think so there is any point of confusion in it,Hsmp is replaced by Tier1,so those who are on Hsmp are extending their stay,not switching.
If still have doubts you can study Tier1 application form.
Confused dont be confused,Ist term doesnt apply to hsmp visa holders,in addition to that i have clearly asked Mr Andrew at HO today and he clearly said yes hsmp holders not affected at all.

Now if we still want to take tension than noone can stop us.

Enjoy the life nothing happened.

[kotopsycho]

Hi guys,

I'm here under WP and getting married in April this year. My wife will be applying for dependant visa, obviously.
So the question is should I start worrying about her eligibility to work in the UK?

The whole thing in the media is so controversial and I don’t know what to believe really… Don’t want to spend almost 600 pound applying for her dependant visa to realize in the end that she can not work here…
I would be better off moving somewhere else straight after our wedding.

Thanks in advance for all replies.

[subbuvenky]

Hi,

I was planning ti apply for teh tier1 in feb but then got delayed and now am in a hurry to make it in March as the Rules are getting changed in April.

Please let me know all your suggestions in my case, I feel that there is a possibility that many applications could get rejected during this time.

[ssoct98@hotmail.com]

venky you can apply anytime,dont worry,as rules for existing remains same even after april 2009.

[nionlight]

venky you can apply anytime,dont worry,as rules for existing remains same even after april 2009.

Dear Ssoct , i hope your statement is correct, I really do. because i myself is a victim of this masters thingi. you can not be so sure just by talking to officer in HO because they themselves dont know anything. you will get different answer from different officers in different times. i myself experienced this and got different answeres from different officers. so until we get written rule, we cant say for sure that current HSMP holder is exempted. because dont you remeber the sufferings of HSMP holder who came before 2006 december and then they had to fulfill extension rule? then they went to court but before the judgment thousands of HSMP holders had to leave. so home office can do the same this time as well. but lets hope not. finger crossed...

[subbuvenky]

Thanks for the immediate response. But I like to let you know that am in India and planning to apply for HSMP for the first time, its not a extension.

So please let me know your opinions with respect to this scenario.

[ssoct98@hotmail.com]

Hope so anyone get email soon abt this,Than a written evidence can be proved vital than verbal.

[ssoct98@hotmail.com]

Venky,if you are applying from india than better apply before ist april 2009,as its for sure that fresh applications have to follow master level and 20000 pounds income level.

[subbuvenky]

Thanks Scott, Will do that!

[pakuk]

Current HSMP holders will not get affect from this rule, if implemented this rule will be for first time Tier1 applicants. We should be worried about the following:

1. Dependents will not be eligible to work
2. ILR time will change from 5 year to 8 year or probabationary citizenship etc. This is all crap, when I switched to Tier1 then I had in my mind that it will take in total 5 year to get ILR and 6 years to get citizenship. If UK govt changes ILR and dependents rules for current immigrants then it is not fair.

[nionlight]

Current HSMP holders will not get affect from this rule, if implemented this rule will be for first time Tier1 applicants. We should be worried about the following:

1. Dependents will not be eligible to work
2. ILR time will change from 5 year to 8 year or probabationary citizenship etc. This is all crap, when I switched to Tier1 then I had in my mind that it will take in total 5 year to get ILR and 6 years to get citizenship. If UK govt changes ILR and dependents rules for current immigrants then it is not fair.

Dear pakuk, the argument here is we are HSMP holderss not Tier 1 holder. may be technically some one says HSMP is replaced by Tier 1. but officially we still have HSMP visa on our passport. so when we send for extension, we will be first time Tier 1 applicant. this is arguable and we will have to wait till written rule is published.

[ssoct98@hotmail.com]

Nion,if one keep on thinking that hsmp and tier1 is not same than no body can help,basically if u study tier1 application or if u go to ukba online calculator you knew that hsmp applying under tier1 is an extension,its meant it is the same,now if we want to argu we need to argu on points raised by pakuk.

[rohitv]

From: "SCOTT, Lee" <SCOTTLE@parliament.uk>Add sender to Contacts To: $$$$$$$$$$$Dear Rohit I believe new only Regards Lee

-----Original Message-----
From: $$$$$$$$$$$ [mailto:$$$$$$$$$$$]
Sent: 23 February 2009 14:47
To: SCOTT, Lee
Subject: RE: Changes to Tier 1 Policy

Dear Mr. Lee,Are you saying Master degree rule will also be applicable to Tier 1 extension? Or Is it just for new Tier 1 application. Regards,Rohit

--- On Mon, 2/23/09, SCOTT, Lee <SCOTTLE@parliament.uk> wrote:

From: SCOTT, Lee <SCOTTLE@parliament.uk>
Subject: RE: Changes to Tier 1 Policy
To: $$$$$$$$$$$
Date: Monday, February 23, 2009, 8:06 PM


Dear Rohit I have alreadt raised this with the current government but I
am afraid they will not change there minds on this Regards Lee

-----Original Message-----
From:
Message.from.the.House.of.Commons.-.Find.your.MP.service@HPUX14X.PARLIAM
ENT.UK
[mailto:Message.from.the.House.of.Commons.-.Find.your.MP.service@HPUX14X
.PARLIAMENT.UK]
Sent: 23 February 2009 11:39
To: SCOTT, Lee
Subject: Changes to Tier 1 Policy


Message :
Monday 22 February 2009



Dear Sir,



I am a resident of ILFORD, and I have been in the UK for 3.5 years as a
Highly Skilled Migrant (HSMP). As you would be aware we HSMP Holders
have made enormous contributions to the economy of the UK. We work very
hard, pay our taxes and do not depend on doles/benefits.



As the MP representing my area, I want to bring to your urgent attention
my apprehension at the changes announced by the Home Secretary Jacqui
Smith with regard to Tier 1 Highly Skilled Migrants / HSMP Visa Holders.
She has proposed raising points required under the Points Based
Immigration System, increasing the level of qualification from Bachelors
to Masters and increasing the salary levels to a minimum of GBP 20000.
This is in addition to the increase being proposed in the time limit for
indefinite leave to remain from five years. Further the impact of
banning the dependents of immigrants from working will hit us very
badly, as the cost of living in UK is relatively high. Many of us have
already taken mortgages etc and already declared to make UK our
permanent main home.



The principles of justice and equality demand that the human rights of
us immigrants are respected. Changing the rules of the game in between
amounts to unfair play and cheating. The changes proposed are
horrendous. We are being treated like slaves, whose fate is contingent
upon the whims of the government which changes immigration policy once
every few months. There is absolutely no consistency in immigration
policy where bars are raised retrospectively.



This policy of government equates to modern form of slavery where on one
hand migrants are invited to work but then thrown out in times of
crisis. These new bars should only be applied prospectively so as to be
fair as already observed by Joint Committee on Human rights in their
report of July 2007.



I request you to kindly raise these issues with urgency and ensure that
receive justified treatment.



The rules should not be changed for people who are already in the UK.
True, the government can change the rules of the PBS to control the
numbers of immigrants who plan to come in future. But changing the rules
for existing immigrants who left well established careers back home to
work here and made UK their home is unjust and against all rules of
fairness.



I hope the Labour party in general and those in power in particular will
take a logical and compassionate view of this and exert their influence
to ensure the new changes are fair.



We have served this country, worked legally, paid taxes, N.I without any
liability for the state in terms of benefits. It is time that the
country is fair to us.



I hope that you will raise my concern directly with the Home Secretary.



I urgently await hearing from you on this and thank you for your kind
consideration.



Yours sincerely,

Your MP : Mr Lee Scott

Message ID : WB1235389126W49a28ac6ea758

Name: $$$$$$$$$$$$$$$$$$$$$$$$$$

Postal code : $$$$$$$$$$$$

Postal address : $$$$$$$$$$$$$$$$$$$

Email address : $$$$$$$$$$$$$$$

Constituency Searched for: Ilford North

Constituency From Postcode entered : Ilford North

This person is in your constituency

[nionlight]

From: "SCOTT, Lee" <SCOTTLE@parliament.uk>Add sender to Contacts To: $$$$$$$$$$$Dear Rohit I believe new only Regards Lee

-----Original Message-----
From: $$$$$$$$$$$ [mailto:$$$$$$$$$$$]
Sent: 23 February 2009 14:47
To: SCOTT, Lee
Subject: RE: Changes to Tier 1 Policy

Dear Mr. Lee,Are you saying Master degree rule will also be applicable to Tier 1 extension? Or Is it just for new Tier 1 application. Regards,Rohit

--- On Mon, 2/23/09, SCOTT, Lee <SCOTTLE@parliament.uk> wrote:

From: SCOTT, Lee <SCOTTLE@parliament.uk>
Subject: RE: Changes to Tier 1 Policy
To: $$$$$$$$$$$
Date: Monday, February 23, 2009, 8:06 PM


Dear Rohit I have alreadt raised this with the current government but I
am afraid they will not change there minds on this Regards Lee

-----Original Message-----
From:
Message.from.the.House.of.Commons.-.Find.your.MP.service@HPUX14X.PARLIAM
ENT.UK
[mailto:Message.from.the.House.of.Commons.-.Find.your.MP.service@HPUX14X
.PARLIAMENT.UK]
Sent: 23 February 2009 11:39
To: SCOTT, Lee
Subject: Changes to Tier 1 Policy


Message :
Monday 22 February 2009



Dear Sir,



I am a resident of ILFORD, and I have been in the UK for 3.5 years as a
Highly Skilled Migrant (HSMP). As you would be aware we HSMP Holders
have made enormous contributions to the economy of the UK. We work very
hard, pay our taxes and do not depend on doles/benefits.



As the MP representing my area, I want to bring to your urgent attention
my apprehension at the changes announced by the Home Secretary Jacqui
Smith with regard to Tier 1 Highly Skilled Migrants / HSMP Visa Holders.
She has proposed raising points required under the Points Based
Immigration System, increasing the level of qualification from Bachelors
to Masters and increasing the salary levels to a minimum of GBP 20000.
This is in addition to the increase being proposed in the time limit for
indefinite leave to remain from five years. Further the impact of
banning the dependents of immigrants from working will hit us very
badly, as the cost of living in UK is relatively high. Many of us have
already taken mortgages etc and already declared to make UK our
permanent main home.



The principles of justice and equality demand that the human rights of
us immigrants are respected. Changing the rules of the game in between
amounts to unfair play and cheating. The changes proposed are
horrendous. We are being treated like slaves, whose fate is contingent
upon the whims of the government which changes immigration policy once
every few months. There is absolutely no consistency in immigration
policy where bars are raised retrospectively.



This policy of government equates to modern form of slavery where on one
hand migrants are invited to work but then thrown out in times of
crisis. These new bars should only be applied prospectively so as to be
fair as already observed by Joint Committee on Human rights in their
report of July 2007.



I request you to kindly raise these issues with urgency and ensure that
receive justified treatment.



The rules should not be changed for people who are already in the UK.
True, the government can change the rules of the PBS to control the
numbers of immigrants who plan to come in future. But changing the rules
for existing immigrants who left well established careers back home to
work here and made UK their home is unjust and against all rules of
fairness.



I hope the Labour party in general and those in power in particular will
take a logical and compassionate view of this and exert their influence
to ensure the new changes are fair.



We have served this country, worked legally, paid taxes, N.I without any
liability for the state in terms of benefits. It is time that the
country is fair to us.



I hope that you will raise my concern directly with the Home Secretary.



I urgently await hearing from you on this and thank you for your kind
consideration.



Yours sincerely,

Your MP : Mr Lee Scott

Message ID : WB1235389126W49a28ac6ea758

Name: $$$$$$$$$$$$$$$$$$$$$$$$$$

Postal code : $$$$$$$$$$$$

Postal address : $$$$$$$$$$$$$$$$$$$

Email address : $$$$$$$$$$$$$$$

Constituency Searched for: Ilford North

Constituency From Postcode entered : Ilford North

This person is in your constituency

excellent effort rohit. very good job. "Dear Rohit I have alreadt raised this with the current government but I
am afraid they will not change there minds on this Regards Lee...> very very scary statement by MP.

[vks]

From: "SCOTT, Lee" <SCOTTLE@parliament.uk>Add sender to Contacts To: $$$$$$$$$$$Dear Rohit I believe new only Regards Lee

Am I missing something?

Rohit, so the new law will not affect the guys who are already on HSMP and there will be a transitional arrangement for them?

[frrana]

Hello everyone

I obtained my Tier 1(Post-study) work visa in Septemeber 2008 and currently working. I am horrified and stunned by the requirement of Master's Degree. I am graduate from a UK university.

I can understand taht still no official documents have been provided but would anybody like to comment on how much the Master's requirement
affect anyone who is under Tier 1( Post study work) and wants to switch to Tier 1( General) after April 2009?

Any comment will be helpful to me. Thanks

Faisal

[confusedhsmp]

I think we should wait for the new rules to come out in writing.

I wont be concerned about MP's statement as I do not believe that they are competent enough to understand complexity of issues we are trying to raise.

But overall its a sad reply and big shame on the the MP who just didn't feel much for his constituent and wrote only a one line reply.

PAKUK

No need to worry about the dependents not being able to work as they it will not be out in April. However we need to get together and work on it to pressure the government on it some how.

Your second query is in regards to the Nationality and Citizenship bill. The ILR requirement is extended to 8 years. RIGHT?

BUT the citizenship can be gained in 6th year. so Good news here. Only if there are no convictions.

Read page 31 of this document...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[evilg]

You seem to be quite experienced in ILR matters-I just wanted to ask whether the years of working have to be consecutive or if they can be counted if interrupted by study. I.e. if I currently am on a 2 year work permit, then plan to do a year-long course, followed by 4 years of tier 1--would my 2 years count towards the total?