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its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home. and there are specific qualification and at that time you know the qualification you need for extension. now just before few months of extension if the rule says you need a masters to extand your visa, how in da world you will get it in given time? whenever a new law comes you have provide sufficient time and resource to allow people to abide by that rule. now for example lets say, government make a rule " from tomorrow, only people who are 7 feet tall can live in this country rest of the people has to lave the country". then how in da world will you feel? if there is a new law, sufficant time or resourc must be given to fullfill the law. you cant just simply introduce any law and make it mandatory from that day to abide by the law. and that is called violtion of human rightsVanadil wrote:It would be unfair for those currently on HSMPs I do agree. Even to an extent for those who have recently got their Tier 1's before this was announced. (that is of couse if it isn't lowered again by the time they come for thier extensions)
However this change is part of the point of introducing the whole PBS. The Home Offices intentions were clearly stated when it was implemented that they could Raise or lower the bar at will depending on the UK's situation. This is exactly what they have done and it's not really that surprising. I think it will get pushed back for now, but I wouldn’t hold out much hope for the end of the year.
Could someone please explain how people’s human rights are being affected? (Not in an aggressive tone, I'm genuinely interested)
That is precisely what I think.confusedhsmp wrote:If it was the case that the new rules would apply to HSMP (75points) and not HSMP (65 point), I believe it may well apply to future Tier 1 extension applications. In such a case, current Tier 1 holder’s extensions would be next due in 2010-2011.
You need to keep following things in mind:confusedhsmp wrote: AND if masters was now required, they may have to start studying fulltime instead of working, which makes them ineligible for ILR as they won’t be economically active in their period of leave to remain. OTHERWISE they could start it part-time (starting September 2009, next session) but would not be able to get hold of their degree as on a part-time mode it takes 2 and ½ years when the extension arrives. You get stuck in both ways.
The Home Office should be sensible enough to not introduce the Masters for current HSMPians or Tier 1 holders as it totally goes against the logic and indeed human rights to be treated fairly, the grounds that were used by HSMPFORUM LTD. Even if they are introduced I, unlike Gordon, believe that the HO may want to have transitional arrangement.
It’s quite pathetic time for the whole UK society when I read entries on this forum. It’s the whole issue of TRUST that is lacking in between migrants and the HO. If I don’t trust HO I may well leave this country then gamble with my precious time.
Personally, I could get a masters degree this summer by fast tracking my Dissertation but for me, my education is more important and I think I need to balance it rightly. I want to spend time in Dissertation as its going to be the topping of my degree which I don’t particularly want to put to waste.
Just to correct you Nionlight. We declared that UK is our MAIN HOME.its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home
I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.
I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.
My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).
Appreciate if friends let me know if I have mis-understood anything here.
thanks for correcting me confused. now its even more clearer what is called human right violation when some one wants kick people out from MAIN HOME.confusedhsmp wrote:Just to correct you Nionlight. We declared that UK is our MAIN HOME.its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home
Lets not be worried and follow Kaff's advice. Just panic here. Come with something constructive, which we cant until we get new policy in writing.
I fully agree with you my friend. All I was trying to convey was to make clear ,"cleverly" written e-mail reply. People here are claiming all sort of memos or telephonic talks , but none can get confirmed e-mail reply from HO on whether extension applications will be effected or not with new rules.CoolestGuyC wrote:I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
That said, they always have the liberty to tighten the points system, so that they can stop people from extending their visa(or in other words, kicking them out of UK).
I fully agree with you my friend. All I was trying to convey was to make clear ,"cleverly" written e-mail reply. People here are claiming all sort of memos or telephonic talks , but none can get confirmed e-mail reply from HO on whether extension applications will be effected or not with new rules.simar wrote:CoolestGuyC wrote:I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
That said, they always have the liberty to tighten the points system, so that they can stop people from extending their visa(or in other words, kicking them out of UK).
I fully agree with you my friend. All I was trying to convey was to make clear ,"cleverly" written e-mail reply. People here are claiming all sort of memos or telephonic talks , but none can get confirmed e-mail reply from HO on whether extension applications will be effected or not with new rules.Gob00st wrote:Hi Simar,
I think the only email confirmation we got from HO has been proven contradicting to itself.
Why you mention "The only reply that people get was clear that new rules will apply on extension applications."
Please correct me if I misunderstood you.
Regards,
Gob00st
simar wrote:CoolestGuyC wrote:I strongly believe that UKBA cannot revoke any valid Visas arbitrarily, or for that matter by quoting "recession" reasons also. They can only revoke currently valid visas under a fixed set of conditions which are listed here: Paragraph 322-323 on http://www.ukba.homeoffice.gov.uk/polic ... les/part9/simar wrote: I know most people believe that once they got visa then it is valid under any circumstances for that period. That is not the case. Govt have power to revoke validity of even currently given visa too to stay or work here in UK.
That said, they always have the liberty to tighten the points system, so that they can stop people from extending their visa(or in other words, kicking them out of UK).
nionlight wrote:its simple common sence to know how peoples human right is violated. you came this country by saying UK is your second home. and there are specific qualification and at that time you know the qualification you need for extension. now just before few months of extension if the rule says you need a masters to extand your visa, how in da world you will get it in given time? whenever a new law comes you have provide sufficient time and resource to allow people to abide by that rule. now for example lets say, government make a rule " from tomorrow, only people who are 7 feet tall can live in this country rest of the people has to lave the country". then how in da world will you feel? if there is a new law, sufficant time or resourc must be given to fullfill the law. you cant just simply introduce any law and make it mandatory from that day to abide by the law. and that is called violtion of human rightsVanadil wrote:It would be unfair for those currently on HSMPs I do agree. Even to an extent for those who have recently got their Tier 1's before this was announced. (that is of couse if it isn't lowered again by the time they come for thier extensions)
However this change is part of the point of introducing the whole PBS. The Home Offices intentions were clearly stated when it was implemented that they could Raise or lower the bar at will depending on the UK's situation. This is exactly what they have done and it's not really that surprising. I think it will get pushed back for now, but I wouldn’t hold out much hope for the end of the year.
Could someone please explain how people’s human rights are being affected? (Not in an aggressive tone, I'm genuinely interested)
unfairworld wrote:aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.
I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.
My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).
Appreciate if friends let me know if I have mis-understood anything here.
or maybe you can "switch" into tier 1 before April.. then still you get 3 years.. and your hsmp period wd still count towards ILR just incase if rules are applied for HSMP extension. But applying 5 weeks earlier than due date, I personally think is risky, as you are giving the matter in case worker hands to either accept your application earlier or return it to you, and in current circumstances I don't think they will be very flexible,
by the way I am in the same boat. my hsmp due on May 21 and am only bachelors degree.. all eyes on what HO says OFFICIALLY
Im in the same boat as well stuck with maintenance fund! However from the email what i can understand is , no action required to be taken for the existing HSMP visa holders , until the time we apply for extension under tier-1 thats when she says extensions might be effected.aaammmiii wrote:unfairworld wrote:aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.
I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.
My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).
Appreciate if friends let me know if I have mis-understood anything here.
or maybe you can "switch" into tier 1 before April.. then still you get 3 years.. and your hsmp period wd still count towards ILR just incase if rules are applied for HSMP extension. But applying 5 weeks earlier than due date, I personally think is risky, as you are giving the matter in case worker hands to either accept your application earlier or return it to you, and in current circumstances I don't think they will be very flexible,
by the way I am in the same boat. my hsmp due on May 21 and am only bachelors degree.. all eyes on what HO says OFFICIALLY
Well you can apply anytime, there is nothing stopping you to apply now as you are moving from HSMP to Tier1 (extension) you will get the LTR for 3 years from the time it is approved. It was the case in HSMP extension the you could apply more than 6 weeks prior to the expiry date. (I have confirmed this more than once calling 0870 606 7766) not the case now for HSMP to Tier1(extension).
May be we can help each other with the application.
I am kinda stuck because of the Maintenance Funds I have to wait until I get to the 3 months mark.
well.. are you sure.. then why can't all these hsmpians be able to extend into tier 1 now then to wait until april, (ofcourse for you I understand the mntance problem) .. I still do believe that there are two routes for HSMP:aaammmiii wrote:unfairworld wrote:aaammmiii wrote:Guys I had called 08706067766 yesterday and had informed you guys that they say they know as much as we know and are not ready to give a definitive answer.
I did call the other number 0114 ... and the response from them was not very clear but my inference is that those who have old HSMP (old one when you needed 65 points to get the approval would not be affected) the new HSMP (those needed 75 points and English language ) would need to get in contact with 0870 606 7766.
My feeling is that unless we do not have more details from HO website we can only speculate. I plan to apply before 1st April for my extension as I do not have a Masters Degree and got the first HSMP for 2 years (expires on 25 May2009).
Appreciate if friends let me know if I have mis-understood anything here.
or maybe you can "switch" into tier 1 before April.. then still you get 3 years.. and your hsmp period wd still count towards ILR just incase if rules are applied for HSMP extension. But applying 5 weeks earlier than due date, I personally think is risky, as you are giving the matter in case worker hands to either accept your application earlier or return it to you, and in current circumstances I don't think they will be very flexible,
by the way I am in the same boat. my hsmp due on May 21 and am only bachelors degree.. all eyes on what HO says OFFICIALLY
Well you can apply anytime, there is nothing stopping you to apply now as you are moving from HSMP to Tier1 (extension) you will get the LTR for 3 years from the time it is approved. It was the case in HSMP extension the you could apply more than 6 weeks prior to the expiry date. (I have confirmed this more than once calling 0870 606 7766) not the case now for HSMP to Tier1(extension).
May be we can help each other with the application.
I am kinda stuck because of the Maintenance Funds I have to wait until I get to the 3 months mark.
you are right when you say.. "extending" but in OPTION one I am saying "switching" which essentially means you have switched from HSMP into part one of Tier 1 .. and this is perfectly valid as HSMP is one of the recognised category to switch into Tier 1.. see here..rohitv wrote:I don't think option 1 is possible, You can't extend HSMP before 45 days are left in visa expiry date. If that would have been possible you could always avoid the new rules by applying just before the rules are about to be announced.
You must wait for (Expiry Date - 45 days) before applying for extension.
well for you I would advise to switch to tier 1 right now as you might easily fulfill the criteria which may get dffcult laterz as you are redundant, I personally do believe you can switch to tier 1.. acc to:InUkOnHsmp wrote:Hi aaammmiii,
What you say there is intriguing.
I came to the Uk on an hsmp visa in January 2008, and my initial hsmp visa expires January 2010. Do you mean to say that I can apply for an extension in the first week of March 2009 and get a 3 years extension starting March 2009? Note that I am just a graduate.
From your post I got the impression that this would not have been possible earlier, as I would not have been able to apply more than 5 weeks before the expiry, but now it is perfectly possible! Please clarify.
I am asking you this as I have just lost my job to redundancy and going by the state of the job market, can foresee problems with earning criteria at the time of extension. However, if I can get an extension now, it would be the best way out.
Looking forward to your response.
Regards
unfairworld wrote:well for you I would advise to switch to tier 1 right now as you might easily fulfill the criteria which may get dffcult laterz as you are redundant, I personally do believe you can switch to tier 1.. acc to:InUkOnHsmp wrote:Hi aaammmiii,
What you say there is intriguing.
I came to the Uk on an hsmp visa in January 2008, and my initial hsmp visa expires January 2010. Do you mean to say that I can apply for an extension in the first week of March 2009 and get a 3 years extension starting March 2009? Note that I am just a graduate.
From your post I got the impression that this would not have been possible earlier, as I would not have been able to apply more than 5 weeks before the expiry, but now it is perfectly possible! Please clarify.
I am asking you this as I have just lost my job to redundancy and going by the state of the job market, can foresee problems with earning criteria at the time of extension. However, if I can get an extension now, it would be the best way out.
Looking forward to your response.
Regards
http://www.ukba.homeoffice.gov.uk/worki ... s/#header1
any other experienced person suggstion will be appreciated