Have to return home to apply???!!!

kiwi747 · Post by **kiwi747** » Wed Feb 27, 2008 10:36 pm

Im from NZ

Im on my WHV and dont get my 12 month salary threshhold until June 08 - I have been here since May 07. I otherwise meet all requirements for the HSMP - so I am comfortable that I have the points and the money to apply.

I hear rumours and discussion that I can apply for my HSMP in the UK, and that I can be granted this - BUT that I have to return ALL THE WAY BACK HOME TO NZ in order to get a stamp coming back into the UK???

Thats Â£750ish for the new visa plus Â£1000ish for a return flight... This is crazy!!! please tell me Home Office is not that ignorant?! How do I get time off work for this? How is this detrimenting 'the ozone' by way of air pollution!

If they want to phase it in over a year or so - then all the power to them, but to bring it in when there are 100's, 1000's of us in jobs on the WHV - under the belief that we could make the switch to HSMP in the UK...

Perhaps I have the wrong end of the stick - please tell me they are all kaka!

Cheers

thirdwave · Post by **thirdwave** » Wed Feb 27, 2008 11:05 pm

kiwi747 wrote:Im from NZ

Im on my WHV and dont get my 12 month salary threshhold until June 08 - I have been here since May 07. I otherwise meet all requirements for the HSMP - so I am comfortable that I have the points and the money to apply.

I hear rumours and discussion that I can apply for my HSMP in the UK, and that I can be granted this - BUT that I have to return ALL THE WAY BACK HOME TO NZ in order to get a stamp coming back into the UK???

Thats Â£750ish for the new visa plus Â£1000ish for a return flight... This is crazy!!! please tell me Home Office is not that ignorant?! How do I get time off work for this? How is this detrimenting 'the ozone' by way of air pollution!

If they want to phase it in over a year or so - then all the power to them, but to bring it in when there are 100's, 1000's of us in jobs on the WHV - under the belief that we could make the switch to HSMP in the UK...

Perhaps I have the wrong end of the stick - please tell me they are all kaka!
Cheers

they are all kaka

garik · Post by **garik** » Wed Feb 27, 2008 11:08 pm

kiwi, I think this is correct, working holiday maker visas cannot be converted into FLR (HSMP), just like tourist visas etc. I think only the work permit and student visas are convertible, so you would indeed need to go back home to enter under a new visa.

SYH · Post by **SYH** » Wed Feb 27, 2008 11:21 pm

it isn't ignorance, they don't care.
second, you don't have to wait for 12 payslips to apply. If you have made the requisite income already and have enough points to be approved, then apply tomorrow, then you dont have to leave the country whining like a crybaby about the ozone and the HO being ignorant

kiwi747 · Post by **kiwi747** » Wed Feb 27, 2008 11:24 pm

Ratsht

This is frustrating - as I cannot find anywhere on the home office webpage any information pertaining to this... I ring the Home Office and all they say is - "we don't have any information until the 29th... I would have thought sufficient communication from the home office would have to be in place before an action like this could take affect... Any chance this rule will only come into action in 'uk summer'?

Grrrr

garik · Post by **garik** » Wed Feb 27, 2008 11:28 pm

kiwi747 wrote:Ratsht

This is frustrating - as I cannot find anywhere on the home office webpage any information pertaining to this... I ring the Home Office and all they say is - "we don't have any information until the 29th... I would have thought sufficient communication from the home office would have to be in place before an action like this could take affect... Any chance this rule will only come into action in 'uk summer'?

Grrrr

http://www.fastukpermit.com/hsmp/changes/

kiwi747 · Post by **kiwi747** » Wed Feb 27, 2008 11:55 pm

Thanks for your help garik - average news unfortunatly.

Thanks SYH for your productive conclusion - bet you're a great guy.....

jackattack · Post by **jackattack** » Thu Feb 28, 2008 11:11 am

i think the theory behind it as they want as many people out of the country as possible, because they want to take fingerprints and biometric scans when you apply for a visa, and run it through the system BEFORE you even get close to getting in the country.

it is stupid for those on the WHV who want to switch to the HSMP though, cos you've already proven you are the type of person they'd want in the country and surely a lower risk for criminal behaviour or mooching off public funds..

the one thing though, is that i don't think there is a definite rule yet that you have to go back to an embassy in your own country.. so it may be that you can go somewhere in europe or maybe america to apply.. a lot cheaper and you can combine it with a holiday ??

but yeah, whichever way you slice it, it still sucks.. my sympathies are with you. my app for FLR(HSMP) is in at the moment.. if it gets turned down for any reason i'll be in the same boat as you.

kiwi747 · Post by **kiwi747** » Mon Mar 03, 2008 3:47 pm

Right

So, I have given in to the fact that I need to return home at some point to get a stamp on my visa FLR - I intend to do a 3 week trip home in June. I can apply for my HSMP in May.

I am confused about what parts I can apply for While I am here and what parts I have to do back in NZ

I have had mixed information from the Home Office and Immigration Consultants/Lawyers.

Immigration Consultants tell me I can fill out the HSMP1 form and tick the boxes same I am applying from outside UK (but actually sending it while Im here), and Home Office says I need to be applying for Initial approval from NZ... as well as FLR.

There is only one place on the HSMP one that asks what my current immigration situation is (only if applying from within the UK...)

I cannot keep my job here if I have to go all the way back home and wait for the HSMP approval. Something that doesn't seem to require any interaction with the NZ Brittish Embassy.

What can I do?

mycall · Post by **mycall** » Mon Mar 03, 2008 6:00 pm

hmm yer i sucks big time this new Rule... dosent make any sense either if they stilll allowing people on other work permits to stay. I wouldnt mind so much if it wasnt a 25hr flight and Â£1000 for an airline ticket.

I posted both my initial HSMP and my FLR(HSMP) in on the 29th Feb, hoping to avoid this rule but i dont think im gunna be too lucky.

Sorry i dont have anything to add.

I am interested into looking into what jackattack said... if i could go to a Brittish Embasy in a European country to apply that would be good excuse for a 3 week holiday.

Mike

nate922 · Post by **nate922** » Wed Mar 05, 2008 10:33 am

kiwi747: I'm in the same boat.

As for you coming applying for your HSMP here under the new rules.
Why don't you just apply for the full Tier-1 Visa when you're back at home?

Is it true that the Tier-1 is all you need? no need for applying for EC?
Any estimates on how long this is going to take from NZ/AU?

kiwi22 · Post by **kiwi22** » Wed Mar 05, 2008 11:39 am

Hey guys,

Im in a similar situation where i may be having to go back home to NZ next month to apply under the old HSMP scheme.

Im on the WHV (working in my dream job) and have almost worked my 12 months and was getting all my paperwork together to apply for the HSMP which I qualify for. Under the new Tier 1 system i also qualify for all in all regards.. except for the maintenance funds requirement which is the months of bank statements showing that you have been in funds of Â£800 for 3 months consecutively. Therefore, as I cannot obviously afford to live in England with no earnings (as i would be breaching the 12 months working condition of the WHV) whilst waiting out the 3 months of bank statements showing funds in excess of Â£800 in my account, it looks like im going to have to go home to apply under the old scheme.. ahhhh what bites me is that if id known they were going to introduce this maintenance requirement, I would have sorted myself out 3 months ago as I meet all other conditions, am "economically positive" (working, paying taxes, doing everything by the book) but due this one little loophole im screwed

I have spoken to friends in similar situations, immigration consultants and the BIA and it looks like everyone is in a similar state of confusion at the moment.. excellent.

Sorry, if ive derailed your thread mate - i just feel for your situation as well.

kiwi22 · Post by **kiwi22** » Wed Mar 05, 2008 11:51 am

nate922 wrote:kiwi747: I'm in the same boat.

As for you coming applying for your HSMP here under the new rules.
Why don't you just apply for the full Tier-1 Visa when you're back at home?

Is it true that the Tier-1 is all you need? no need for applying for EC?
Any estimates on how long this is going to take from NZ/AU?

yup under the new tier-1 its a one step process, once its sorted, you can sit easy for 3 years (its the process of getting there thats a mission :-~)

kiwi747 · Post by **kiwi747** » Thu Mar 06, 2008 2:26 pm

Ok so after many different trees climbed - Im still left in the dark.

I have spoken to home office - loads! The High Commission in London, the BHC in NZ and Immigration consultants.

All different stories - how can this happen!?!

My best situation is that I have to return to NZ for 3 weeks - I can manage that - and work will give me time off. I can manage that if all I have to do is get my visa stamped and biometrics performed etc. I cannot stomach the idea of having to go back to NZ and wait for HSMP approval then EC!

My email responce from Home Office:

---------------------------------

Thankyou for your email.

You must still apply to the Home Office for the Highly Skilled Migrant Programme as per their website www.bia.homeoffice.gov.uk/workingintheuk.

Upon successful issue of your acceptance letter you will then need to apply for entry clearance in your country of permanent residence. The entry clearance application process requires you to complete an application online, pay the fee, make an appointment to submit your biometrics (fingerprints and digital photograph) then submit your supporting documentation. Once we receive your supporting documents you can expect your passport back in 15 working days. For further information including the Entry Clearance Requirements/Checklist please refer to our website www.britain.org.nz

Regards
Immigration Section
MS
----------------------

Once I got this I called Home Office again to see what was up. The email above said I still needed to apply for approval with Home Office UK... Home office told me that I could apply in UK, get by approval letter then take that back to NZ where I will have to go to Wellington to get the EC done.

This suits me better - but I need written confirmation from HO so I have proof. Then I can book my tickets home in June etc. Just hope that it all gets done in time.

Last time I talked to HO they told me I had to go home to apply for approval and then apply for EC once I had got that - this could take months!

Fingers crossed.

nate922 · Post by **nate922** » Fri Mar 07, 2008 9:56 am

I'm in the same boat. I'm seriously considering going home and applying for the TIER-1 in march in a single application to avoid confusion.

I've tried various places and I'm also getting conflicting answers.

If I apply for TIER-1 back home, how long will it take? does the application have to be sent back to the UK? hmmm

Also it states "Summer 2008" is this confirmed? will I be able to apply for TIER-1 Beg of June from AUS/NZ?

SYH · Post by **SYH** » Fri Mar 07, 2008 10:07 am

kiwi747 wrote:Thanks for your help garik - average news unfortunatly.

Thanks SYH for your productive conclusion - bet you're a great guy.....

No its called GURU

kiwi747 · Post by **kiwi747** » Fri Mar 07, 2008 2:39 pm

Comments like "whining like a crybaby" makes me question the title "Guru".

Still you did provide some help - thanks

SYH · Post by **SYH** » Fri Mar 07, 2008 3:11 pm

kiwi747 wrote:Comments like "whining like a crybaby" makes me question the title "Guru".

Still you did provide some help - thanks

Taking your medicine is good for you, it may not be pleasant

kiwi747 · Post by **kiwi747** » Fri Mar 07, 2008 5:04 pm

Spoke to Home Office again...

Got a response that advised me I should go home to apply for both the approval AND the EC!!! - I advised that I was not happy with the confilcting advice and asked to speak to his manager. The manager was very helpful and advised that I COULD apply for the initial part of HSMP with the HSMP1 form. Then I can return back to NZ to apply for EC at the BHC.

They indicated the goal posts were changing every day - but based on the fact that the manager confirmed this - I will follow her instruction.

Watch this space

Jayray · Post by **Jayray** » Sat Mar 08, 2008 10:39 pm

Hi guys,

Sorry to burst your bubble, but if you are currently on WHV, you CANNOT switch to Tier 1 - it is NOT an eligible visa. Below is from BIA website listing the eligible visas for switching and WHV is not one of them. Its on some other Tier (5) I think, but theres nothing about it on website. Its up in the air I bet.

In the United Kingdom
If you are in the United Kingdom and wish to enter Tier 1 (General) - highly skilled worker, you will need to be sure that you can switch into this category.

Switching into this category is allowed if you currently hold leave in the following categories:

Fresh Talent: Working in Scotland;
International Graduates Scheme (IGS);
postgraduate doctor or dentist;
student;
student nurse;
student re-sitting an exam;
student writing up a thesis;
work permit holder.

The only recourse we have is to apply for HSMP now by June UK summer, when it kicks in for Aus/NZ and rest of world. Kiwi747, I am very keen to know if the HO manager you spoke to can validate her point on initial approval in UK then EC back home. Spoke to other immigration consultants, got conflicting answers. I was at TNT travel show today, went to GlobalVisa stand, they told me, nope all initial HSMP applications have to be done outside UK. Doesnt have to be Aus/NZ, but must be outside UK. This corroborates with the new HSMP criteria 29.02.08 pdf file, which is on website. She said Home Office is very vague, and is going by the criteria. Im like this is BULLS****!!! Why cant anyone have a clear rule on this?? Meanwhile, non English speaking EU nationals with no background/criminal checks, non skilled, education, gypsies, freeloaders are able to come and go as they please and leech off govt benefits. Just wait till Turkey joins the EU!!

Jayray · Post by **Jayray** » Sat Mar 08, 2008 10:41 pm

Heres the link: http://www.bia.homeoffice.gov.uk/workin ... lications/

Saffer3 · Post by **Saffer3** » Fri Apr 11, 2008 2:16 pm

Hi All

I realise that this thread is quite old now. But I was wondering if anyone had cleared up whether the initial HSMP1 application can be made from within the UK? Any help would really be appreciated.

kiwi747 · Post by **kiwi747** » Fri Apr 11, 2008 3:02 pm

Best to go here for info - http://www.ukresident.com/forums/index. ... opic=63045

You have to register - but much more helpful than this forum

Immigrationboards.com: Immigration, work visa and work permit discussion board

Have to return home to apply???!!!

Have to return home to apply???!!!

Re: Have to return home to apply???!!!

HSMP1 balls up