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HSMP SUSPENSION TILL 4th Dec, News Rules for HSMP

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

ATBPLC
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Post by ATBPLC » Thu Nov 09, 2006 9:02 pm

On a second thought I want to believe that those of us who have gotten 3 years extension might not be affected, that is our 1 year extension might not be based on the new policy, since the policy is talking about extension of initial stay.

Let us seek clarifications, since those who came after us and got 4 years are free.

MUGHAL
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Re: HSMP new points criterion - Specificially Indian earning

Post by MUGHAL » Fri Nov 10, 2006 1:34 am

i have read the whole details for the hsmp extension and i am very much shocked that i have recently called my family after selling out the whole deeds from my country and i was doing ex hsmp job here but was earning as i can go up with my family members without recourse to public funds but this new announcement discouraged me very much.although i was genuine applicant who applied for the hsmp and settled myself earning more money comparing with that i was earning in my own country.i can speak with the english people without problem but have not IELTS etc...........
i think the policy makers have not the their own family members for the future planning anyway we are helpless what we can do except praying for better future.is there any one who can help us at this stage.anyway stop your all friends that uk can change any rule for immigrants any time without prior intmation to people.canada is better to be settled there.
no doubt, uk has problems with immigrants but they don't know to solve the problem and change rules after each night, instead of handling illegle immigrants they are giving hard time who have already moved here and changed their lives styles and mentally approach..................oh my goodness.........
Last edited by MUGHAL on Sun Nov 12, 2006 10:08 am, edited 3 times in total.

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Post by Administrator » Fri Nov 10, 2006 8:44 am

.

Hi all --

Shameless advertising for our own website, http://www.workpermit.com. ;)

We updated our HSMP section extensively over the past few days to reflect the new rules, such as we understand them.

Please visit and feedback if we're missing something or still have old information we missed:

Highly Skilled Migrant Programme (HSMP)
http://www.workpermit.com/uk/highly_ski ... rogram.htm

HSMP Points Calculator
http://www.workpermit.com/uk/hsmp_calculator.htm

HSMP Assessment Form
http://www.workpermit.com/uk/hsmp_form.htm

Thank you!

The Admin

optimist
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switch to hsmp

Post by optimist » Fri Nov 10, 2006 11:01 am

Hello Friends
Thanks for everyone for posting some interesting things about the new hsmp criteria.I have few queries and hope some one can help me in taking a right decision.
I am considering to apply for hsmp under new rules but the following is my existing status and I want to know if I'm taking right decision in moving to hsmp or not?
1.I am currently on UK work permit valid till 2009.
2. In 2008 I will get permanant residence(for completing 5 years In Uk ).Now if I apply for hsmp now will I need to stay for 5 more years before getting PR or it will continue adding to the existing period
3.I came to know that when we apply for hsmp the first time we get it for 2 years and subsequently we have to satisfy the points criteria to get extansion but for how many years?

considering the things above can you please suggest if it is sensible for me to apply

many thanks

John
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Post by John » Fri Nov 10, 2006 11:13 am

I apply for hsmp now will I need to stay for 5 more years before getting PR or it will continue adding to the existing period
I think it remains clear that time on WP and on HSMP, in any order, can be added together to make up the 5 years needed to apply for ILR.

Indeed in making the announcements this week the Home Office even gave an example of someone currently on HSMP who does not qualify for HSMP extension, can move to the WP route to make up the 5 years.

So Optimist, given that on the HSMP route, the visa that follows is for 2 years, if your 5 years is up in 2008, it looks like you would not need to apply for any HSMP extension, given that ILR will hopefully be in your passport before the end of the initial HSMP 2 year period.
John

first2last4
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Post by first2last4 » Fri Nov 10, 2006 11:41 am

John,

The answer is correct, but will be remain correct after a year remains questionable :)
Knowledge which is concealed is lost -Hadith

ATBPLC
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Post by ATBPLC » Fri Nov 10, 2006 5:36 pm

From whatever perspective one views these changes, there is no doubt that UK Govt is not being faithful to us at all. First, age discrimination has been introduced just to create problems in the lives of some people. I magine the dislocation it will bring to the lives of those who had been resident here with their family for 4 years.

Some of us who are insulting others should be very careful as your faith is not decided yet, and may be they will need to display their CVS for us to see in order to compare that with the CVS of those working in Tesco. I think it all depends on your sector

The fact that some are working in Tesco does not mean they are not highly skilled. It all depends on whether your skill falls into shortage areas and you are in high demand. But can you blame thsoe in Tesco if there is no other work for them to do.

It has been a hell convincing employers when we were initially given initial 1 year, in fact some employers will never give you work on 1 year visa. Some dont even understand HSMP.

The problems engendered by the new HSMP changes call for methodical handlings because we are all affected differently. From my considered view, the following categories emerge:

a. New applicants
b. Existing HSMP with 1-year initial approval
c. Existing HSMP with 2 years initial approval
d. Existing HSMP with 1 year initial approval plus 3 years extension and would need extra 1 year extension to qualify for ILR
e. Existing HSMP WITH 1 year initial approval plus 4 year extensions and will NOT need any extension again before ILR

In view of the above I suggest we creat topics as per the categories above. For example, I fall into category d, and I have started discussion on this.

We certainly cannot change the policy but we can make them see reason while it should not be used as an umbrella to cover everybody.

My position is that those in my category should be free, because those who came after us who luckily have fallen into category e are free. THe emphasis is on initial approval and we have passed that.

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

ATBPLC
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Post by ATBPLC » Fri Nov 10, 2006 8:11 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

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Post by gloria » Fri Nov 10, 2006 9:53 pm

To ATBPLC,

[quote: 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 absolutely agree. I fall in this category as well. I think the new rules should only be applied to the new applicant. When I applied in March 2004, the HSMP Guidance clearly stated:

24.9 Q: What if the scheme changes?
A: As with any immigration scheme we reserve the right to adapt some of the criteria or
documentation associated with the scheme and will inform you via our websites of any such
changes. All applications will be treated on the basis of the HSMP provisions at the time that they
were submitted.


When the scheme did change in April 2006, to qualify applying ILR, applicants need to work 5 years rather than 4 years as the then Guidance stated. Although there were huge protests, to get a one year extention seemed still manageable. I think no one really has legally challenged it yet.

Now I think people should protect their rights which was entitled to them.

Sometime the Home Office introduced a Marrige Approval Scheme which was scraped later because it was against human rights.

If those people already qualified the 4 year HSMP go directly to apply ILR, they would get refusal, then appeal or go to court. I am afraid the Home Office would hav to revised the Rules.

I hope people working in the law field could give us some advice.

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Post by buntosanya » Fri Nov 10, 2006 9:54 pm

John

I was just wondering whether yourself and Chess are on vacation :) . I am surprised you have said very little on the current raging issue.

Cheers.
"Behold, i have set before thee an open door, and no man can shut it."

abisurd
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Post by abisurd » Sat Nov 11, 2006 5:18 am

gloria wrote: 24.9 Q: What if the scheme changes?
.... All applications will be treated on the basis of the HSMP provisions at the time that they
were submitted.

This means that if you have applied for HSMP on or before Nov 07, 2006, your application will be treated as per the rules standing on that day.

On the same lines, if you had applied for ILR on or before April 03, 2006, you would have required only 4 years of stay. If you apply for ILR after April 03, 2006, you would need 5 years of stay to qualify.

I understand that it really hurts if one is forced out of a country after staying there for four years, trying to adjust to their culture and climate and, most importantly, after paying so many taxes and still not getting anything back for it.

Third World people have been discriminated against and 'used' in this way for centuries. Maldives and South Africa are instances where Indian people were invited to work for foreigners but when they saw that Indians were becoming a force to reckon with, they were ousted overnight. Similar is the case with Germany's 'Green Card' scheme. 'Apna kaam ho gaya to jaao apne apne ghar vaapis'. The developed world has been using us for their benefit for centuries and it won't change much in the immediate future.

What the UK government is doing is solving their temporary employment situation. Now that they have a better, stronger and more open EU, they are realizing that they need fewer and fewer of people like us and are tightening the noose around us.

What we need to do is to realize that we have limited influence on these policy matters. We should try to make the best out of them, while trying to show them the rational (or lack thereof) of their modified policies. Like those who came here planning to get ILR after 4 years of stay should be given exceptional consideration as they have contributed to support the UK economy by paying taxes that help the jobless and/or the homeless. Such people should not be just 'thrown' out of the country.

At the same time, one should explore other countries within the EU and outside. There may be better opportunities for one in Australia, New Zealand, Canada or US.

Hoping for the best.

Abisurd

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Post by Chess » Sat Nov 11, 2006 12:56 pm

buntosanya wrote:John

I was just wondering whether yourself and Chess are on vacation :) . I am surprised you have said very little on the current raging issue.

Cheers.
Bunto.

We are busy with other things and our participation and moderation is on a voluntary basis :)
Where there is a will there is a way.

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Post by buntosanya » Sat Nov 11, 2006 6:49 pm

Hmm Chess, was just wondering :)
"Behold, i have set before thee an open door, and no man can shut it."

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Re: HSMP SUSPENSION TILL 4th Dec, News Rules for HSMP

Post by MUGHAL » Sun Nov 12, 2006 11:37 pm

dear all if u are affected with the new rules for hsmp then open the web site below
http://www.writetothem.com/?keyword=loc ... EQod0hw0AQ

Vivid
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Group

Post by Vivid » Mon Nov 13, 2006 12:05 am

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 group for legal advice :

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

HSMP2006@yahoogroups.com

thanks

optimist
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mandatory english requirement

Post by optimist » Mon Nov 13, 2006 3:00 pm

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

Yinkuze
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Post by Yinkuze » Mon Nov 13, 2006 5:32 pm

your BSC certificate
TIME is a better JUDGE than REASON.
-Thomas Paine

juggler
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What Can i do now ?

Post by juggler » Tue Nov 14, 2006 11:04 am

Hi friends,

I am still an HSMP holder till date, but not sure what is gonna happen in next few months.

Let me tell you my history first,

Got HSMP approval in March 2006

Visa stampted from 15th April 2006 - 15th April 2007

Entered in UK on 15th of April 2006

Started professional job from 19th April 2006 till date

HSMP Score in sections :

Education : 0 [Reason: 15 years of education, Bechlor of computer Science]

Experience : 35 [6 years of experience]

Earning : 25

Age : 5

_________________________________________________


Now i have to apply for FLR , and according to new rules,

Education : 0 [15 year Bechlor program, but i have started my MBA from londons very well reputed university from sept 2006 ]


Past Earning : 45 [Paying 1500 pounds a month in tax & NI ]

Age : 20 [ Under 28 ]

Uk Experience : 5


Highlighting the fact that uk well reputed university has recognised my Bechlor degree can make any effect on my case ?

So in a nut shell , i am short of 5 points to qualify for HSMP extension, i already have started my MBA and i am well settled here, all my hard work in past 8 months seems to go in vain , and it will incur huge financial loss as well, as i paid 1 year fee of MBA in advance.

I am in SERIOUS stress due to this unexpected delima.

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

Is there any way i can claim Qualification points considering my situation ?

Any suggestion would be higly appreciated, thanks alot friends.

Junior0300
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Our course of action for new rules

Post by Junior0300 » Tue Nov 14, 2006 5:23 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.

okn
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Post by okn » Tue Nov 14, 2006 10:40 pm

Hi,

I want to apply to HSMP but my degree is in tourisim bu my occupation is in shipping business... will it be a problem when HO calls to my bus to check tht my salary is right or not... I mean do they care what kind of job we do?

Best regards ,
Okan

OLAKOT
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Post by OLAKOT » Wed Nov 15, 2006 8:15 pm

i believe it high time we take a united stand on this issue of changing the rules mid way into the game . first its extension of application for settlement from 4 yrs to 5 yrs then to the point system for extension.

Some of us are of the believe that since they have obtained their 4 yrs they are not bother about what happen to those that are yet to get the extension. i have obtained mine but i feel for those that are caught by the new rules which is unfair and unjust.its like starting a game of soccer and at half time changing the rules or ending the game.

i believe everybody on HSMP should stand together on this as those of that think they have scale through can not be certain that the rule will not be change before we file for settlement .

i suggest the rule should be challenge in court as it against natural justice for a law to be back :evil: :evil: :evil: :evil: dated to cover those that applied and were granted Entry clearance under the previous rules. [/b]

Mini
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Post by Mini » Thu Nov 16, 2006 11:53 am

Some of us are of the believe that since they have obtained their 4 yrs they are not bother about what happen to those that are yet to get the extension.
But aren't the 4yr extension people as affected as the 1yr EC/FLR ones. We are going to need to qualify for 75 points when we apply for the additional 1 yr and ILR ? And this i guess in most cases (except for under 28s) means we need to earn more than £40,000 for the last year before extension.

Feel free to correct me if I am wrong...
Mini

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Post by juggler » Fri Nov 17, 2006 3:39 pm

Hi Friends,

I can assure you that most of the affected guys are willing to join hands against it, but not all are equally active.

Its a career decider moment and indolence shouldn't prevail in our ranks, not much is require from everyone, just raise your hand and show your presence.

EVERY single headcount increase is important, there are separate groups trying their best to workout something useful , and for that matter people are gathering at

Trafalgar Square , SATURDAY 18 NOV 2006 , 11:00 A:M

For further information , please visit , and if possible be member of this group as well.

http://groups.yahoo.com/group/hsmp2006/


I am sure we will see reasonable turn out there tomorrow. We have got large number of inactive readers, but your presence is badly needed.

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Post by OLAKOT » Sat Nov 18, 2006 5:44 pm

MINI,

I BEG TO DIFFER.THE RULE STIPULATE 5 YRS FOR SETTLEMENT. WHICH IS THE INITIAL 0NE YEAR + 4 YRS EXTENSION AND FOR NOW THE THERE IS NO POINT SYSTEM FOR SETTLEMENT.

centennial
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Post by centennial » Mon Nov 20, 2006 4:21 pm

well mate, dont scream over those who got 4 years extention coz very soon they will have to face another point system to get ILR it going to happen sooner or later, as soon as we will reach for ILR period, HO will implement something new.
ATBPLC wrote:THE QUESTIONS ARE:

WHY ADMINISTER THE CHANGE ON THOSE WHO HAD SETTLED IN UK, SOME WITH THEIR FAMILIESA?

WHY THE AGE DISCRIMINATION. CAN ONE SUDDENLY CHANGE HIS/HER AGE AFTER ARRIVING UK. HO SAW THE VARIOUS AGES AND APPROVED VISA FOR THOSE ABOVE 35. WHY NOW DISCRIMINATING AGAINST THEM?

IS HO NOT AWARE OF THE DIFFICULTIES FACED BY HSMP IN GETTING SKILLED AND WELL PAID JOBS?

HOW MANY HSMP ARE IN THE WAGE BRACKET OF £18,000 AND ABOVE?

WHAT WILL HAPPEN TO THOSE WHO WERE GIVEN 3 YEAR EXTENSION AND THEREFORE WILL NEED ONLY ONE YEAR EXTENSION BEFORE SETTLEMENT WHEN OTHERS IN THEIR CATEGORY WERE LUCKY TO GET 4YEARS EXTENSION

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