Maintenance Funds Tier 1

[Aviator111]

Hi guys there are Transitional Arrangements and the HO is not highlighting them properly.

THERE'S A HOPE 4 THOSE WHO THINK THAT THEY MUST APPLY WITH THE NEW SYSTEM ALONE. I think there's time till 21st Macrh for the categories of ppl mentioned in 7.3, 7.4 & 7.5 & also to those whose FLR is not preocessed but got theri HSMP approvals.

However second opinion by an Immigration Lawyer woud be more appropraite.


http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary


IDI Feb/08 CH1A SECT 1 – SPECIFIED APPLICATION FORMS AND PROCEDURES 27/02/2008

Border and Immigration Agency

Title CHAPTER 1A – SECTION 1: SPECIFIED APPLICATION
FORMS AND PROCEDURES

Process
Instructions for caseworkers dealing with applications or
claims in connection with immigration across the Border and

Immigration Agency.
Implementation Date 29.2.08 Expiry/Review Date 1.4.08

7. TRANSITIONAL ARRANGEMENTS

7.1 Paragraphs 34H and 34I include transitional arrangements for the situations set out below.

7.2 Applications made before 29 February 2008
Applications made before 29 February 2008 (see paragraph 6.1 above) for which a form is prescribed will continue to be subject to the regulations or other legislation in force on the date on
which the application was made. Those which are subject to the Immigration (Leave to Remain)(Prescribed Forms and Procedures) Regulations 2007 or earlier equivalent Regulations
should be dealt with in accordance with those regulations and related casework instructions.

7.3 Applications made between 29 February 2008 and 21 March 2008 (both dates areinclusive) Where an application form is specified for applications made on or after 29 February 2008 (see 6.1 above), an application on any form permitted for an application for the same purpose
immediately prior to that date will be considered to have been made on the newly specified form.

For example, an application for an extension of stay as a student made on the version 04/2007 form may be accepted for 21 days after 29 February. Such an application will, however, be subject to the other requirements of paragraph 34A and will be invalid if it does not comply with them. Caseworkers should note that the previous invalidation procedure cannot be invoked for these applications – they are either valid or invalid from the outset.

7.4 The Points Based System is a new system which did not exist before 29 February 2008. Therefore there was no form in use for the same purpose immediately prior to that date and the
transitional provision in paragraph 7.3 above cannot be applied.

7.5 Applications made when forms are specified in the future
Each time a new form is specified, the 21 day transitional arrangement described in paragraph 7.3 will apply to a form that was permitted form for such an application on the date before the new specified form comes into use.

[Aviator111]

It's aganst the princiles of natural justice that the existing HSMP ppl and the newbiews who got approvals are clubbed 2gether gor the purpose of FLR under Tier 1.

Secondly the new HSMP approval holders (i,e students) cant work more than 20 hrs and therefore cant show minimum balance of GBP 800 for the last 3 months.

If not depending on the Govt for living expenses - which is preposterous per se for the students who got approval recently - is the norm then it shud apply only to those who are seeking HSMP extension i/o to the newbies who got approval for the first time.