RECENT HSMP HOLDERS (2+3) ARE IN TROUBLE??

[nionlight]

hello my roomies, how are u all. its been a while i posted anything. i have a serious concern. if the new rules comes up i think we will be in great trouble is it? because we are in 2+3 skim. so new rule may be will be 3+2. it means when apply for FLR we will be given 2 years extention instead of 3? it means we will be in 2+2+1 year skim??????? how pathetic it will be , we will loose all the points for age? how pathetic it would be...
please share some thaught.

[MrBaboo]

if the new rules comes up i think we will be in great trouble is it? because we are in 2+3 skim. so new rule may be will be 3+2.
It means when apply for FLR we will be given 2 years extention instead of 3? it means we will be in 2+2+1 year skim??????? how pathetic it will be , we will loose all the points for age? how pathetic it would be...
please share some thaught.

An announcement late last year indicated there will be transitional arrangements for those under the HSMP scheme seeking renewal. We can only hope that those arrangements will understand the unjustified cost, uncertainty and hassle of forcing us into a 2+2+1 scheme where a 2+3 scheme would suffice.

It's also unlikely we will lose points for our age. Renewing under the HSMP and Tier 1 carries forward the points acquired for age on initial application so I suspect the same will apply even if 2+2+1 is the way forward.

We will not know for sure on either points until later this month when the transitional arrangements are published and in March when the first renewals are made. The current proposal for Tier 1 seems, on balance, reasonably level-headed so I see no reason why the transitional arrangements should be any different.

[UKbound]

Baboo is right, we don't know yet. But there is also the possibility that since we're all changing to Tier 1, the renewal would be considered a new Tier 1 app and we'd get 3 years as well under the new program.

The guidance notes indicate that they will still count the initial HSMP time for ILR, as well.

I'm keeping positive about it until we see more details. Of course, it's hard to be positive about the new fees..

[flanker]

The new immigration rules which will come into effect 29 Feb 2008 for those already in the UK seeking to extend their HSMP leave:

245C. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1
(General) Migrant,
(ii) for a period of 3 years, to any other applicant.

So anyone on HSMP at the moment will be given 3-year extension (as per 245C(a)(ii))

[hari15]

It's also unlikely we will lose points for our age. Renewing under the HSMP and Tier 1 carries forward the points acquired for age on initial application so I suspect the same will apply even if 2+2+1 is the way forward.

As MrBaboo pointed out if 2+ 3 becomes 2 + 2 + 1 there wont be any disadvantage in age points, the points we got initially will be carried forward.

But there are major 2 disavantages

1. we have to pass extension 2 times, hence we need to proove previous year earning for 2 times. That means we should be in a good paying job Consitently for 2 years

2. And as usual no one can guarantee when the rules will change. If we have 2 extensions we have the face the uncertainity 2 times. (a big time pain)

anyway 2 + 2 + 1 is defenitly not better than 2 + 3

[MrBaboo]

The new immigration rules which will come into effect 29 April 2008 for those already in the UK seeking to extend their HSMP leave:

245C. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1
(General) Migrant,
(ii) for a period of 3 years, to any other applicant.

So anyone on HSMP at the moment will be given 3-year extension (as per 245C(a)(ii))

Thanks for quoting that. I didn't realise the immigration rule changes had been published! For the benefit of everyone, here's the link: http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

[flanker]

I have made a correction to my earlier post:

The new immigration rules which will come into effect 29 Feb 2008 for those already in the UK seeking to extend their HSMP leave:

Quote:
245C. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1
(General) Migrant,
(ii) for a period of 3 years, to any other applicant.


So anyone on HSMP at the moment will be given 3-year extension (as per 245C(a)(ii))

[alina76]

UK Bound,

I thought u r applying ILR this year only being on HSMP for 5 years. Are u saying that if we complete 5 years under HSMP we still have to switch to Tier 1 to apply for ILR.

I will complete my 5 years under HSMP this August. I have got 3 years extension back in August last year. my understanding was that I can apply for ILR without switching to tier 1 as this is ILR not FLR.

Am I thinking wrong?

[nionlight]

LITTLE CONFUSED. which one is true? we will be still given 3 years extntion since we entered as 2+3 years rule or we will be given 2 years? and again have to apply for another extention. if we have to apply for another extention then where does it say that we dont have to qualify for age point? since we have to pass 75 points does it mean we will automatically get same point for age all the time we want an extention? is it really true? where does it says? so far i know if we want an extention within 2 years of our initial entry then we will be given same age point because for extention the 20 point starts from 29 where as for initial application it is 27. but what about if we apply for extention after 4 years? will we still get same age point? please clearify. its getting really confusingggggggggg

[gordon]

nionlight: You're getting worried about something that really is a non-issue.

Right now you have 2-years' leave as on HSMP; when you apply for FLR, you will be given 3-years' leave under Tier 1 (since your previous grant of leave was not as a T1 migrant, but instead as on HSMP). Loss of age points will only be an issue if, after 2+3, you are not yet eligible to apply for ILR, since at that point you might have to apply instead for another round of FLR (T1), which would then be for two years; in that second FLR application, you would only be able to claim age points for which you were then qualified (see page 20 of the changes).

So let's say you were 27 when you came into the UK on HSMP, and will be 29 when you apply for FLR (T1); you'll get 20 age points in 2009 ('under 30 years of age'). But if you have to apply for another round of FLR (T1) in 2012 in order to make it to the 5-year residence mark for ILR, you will at that point in 2012 be age 32, when you'll only get 10 age points ('31 or 32 years of age') in your FLR (T1) application.

AG

[EdgeHillMole]

UK Bound,

I thought u r applying ILR this year only being on HSMP for 5 years. Are u saying that if we complete 5 years under HSMP we still have to switch to Tier 1 to apply for ILR.

I will complete my 5 years under HSMP this August. I have got 3 years extension back in August last year. my understanding was that I can apply for ILR without switching to tier 1 as this is ILR not FLR.

Am I thinking wrong?

Did you get your passport stamped by a UK immigration officer within one month of the "Valid From" on your UK Entry Clearance?

If you didn't enter the UK within a month of your HSMP EC start date, you will need an extension.

Per the HO, it's not 5 years of HSMP. It's 5 years of residency within the UK (On HSMP or WP->HSMP. On the new tier system the HO may also permit HSMP->WP).