Was it a mistake to switch from WP to Tier1?

[dosknyppxpuxtg]

Hi Everyone,

Given today's announcement (see http://www.guardian.co.uk/uk/2009/aug/0 ... ort-points), I've been thinking whether I made the right choice by switching from WP to Tier1 and what my options are now and for folks who are contemplating on the switch.

Brief background on me, I came to the UK back in May 2004 on working holiday. Half way through, UKBA changed the rules (and applied it retrospectively as usual) so that I could not do an in country switch to WP as my employer was willing to sponsor me. So I had to leave the UK in March 2006 and came back in June with a WP. As a side effect, I also missed the chance of qualifying for a 4 year ILR (assuming the WP forum wins), but such is life.

Fast forward to May 2009, after three years on WP, I decided to switch to Tier1, since I was getting a little bit nervous (maybe unnecessarily) because of the economic conditions and while I was in a very stable job working for a great company (a household name) thanks to the almighty, I thought I'd make the switch anyway, just in case something bad happens. So I applied and made the switch to Tier1 in May, 2009 (I'd like to thank everyone who helped me at that time with my questions regarding Tire1 in this forum).

Anyway, it seems that by switching to Tier1 in 2009, I've inadvertently fallen into the UKBA clause that says that when I'm eligible for ILR in May 2011, my terms and conditions for ILR will be according to the rules in place in 2011, not now! Which means, getting a citizenship in the UK might have just become (in fact unless something dramatic happens, it's a certainty) more time consuming :-/

Had I stayed under my WP, I could have got away with this (or so I think) since my application for ILR would have been under the old rules.

What do you guys think? Also, for those considering the switch from WP to Tier1, perhaps this is food for thought too?

Cheers.

[kzkalra]

I'm in the same situation as you the only difference is i'm eligible to apply for ILR as per current laws on 31st July. i think we need to wait before we are 100% sure. Have you read somewhere that it is definite that new laws will be applicable to all those who are in Tier 1 category?

[mcclaine]

Hi,

Your post assumes that, as a WP holder, you would not be subject to ILR rules at the time of your ILR application (but would be subject to ILR rules as applicable at the time you got your WP).

I am not sure this assumption is correct (hence the reason why the reversal of the 4 to 5 year old rule change has not been applied to WPs but only to HSMPs).

Yes, there is a WP organisation that is now raising money to fight this point but (a) it still has a long way to go to raise the necessary funds; and (b) there is still a significant likelihood that it won't win this argument when it does mount a legal challenge (due to (i) certain differences in the written representations made in the HSMP scheme versus the WP rules and (ii) the fact that WP holders have lost a previous judicial review on this exact same question in the case of R versus Ooi ).

Accordingly, I would think that (under current law and unless the WP forum wins any challenge that it potentially mounts to the 4-5 year rule change), your position would be no different in May 2011 as a Tier 1 holder than it would have been had you stuck on as a WP holder.

[dosknyppxpuxtg]

Thanks for the reply. I guess it's now a waiting game to see actually what is drafted as the final legislation, perhaps speculating at such an early stage is a bit of a stretch by all means.