Changes announced to the Immigration Rules

[PaperPusher]

Changes to the Immigration Rules have been announced:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Amendments to Tier 1 of the Points Based System
7.14 Tier 1 of the Points Based System caters for highly skilled migrants and was fully launched on 30 June 2008. This Statement of Changes makes a number of amendments to it, of which the key ones are:
Applicants under the Tier 1 (Post-Study Work) route will receive no points for post graduate certificates and diplomas other than UK Postgraduate Certificates of Education.
Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.

Hope this makes people feel a bit less worried.

[drjabberwocky23]

Changes to the Immigration Rules have been announced:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Amendments to Tier 1 of the Points Based System
7.14 Tier 1 of the Points Based System caters for highly skilled migrants and was fully launched on 30 June 2008. This Statement of Changes makes a number of amendments to it, of which the key ones are:
Applicants under the Tier 1 (Post-Study Work) route will receive no points for post graduate certificates and diplomas other than UK Postgraduate Certificates of Education.
Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.

Hope this makes people feel a bit less worried.

Good spot PaperPusher - this should be good news for many on here, and I'm glad to see that the UKBA have exercised some common sense!

[nnj10]

Guys, this is really shocking...go to page 40 on below link.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.

This says, first period of leave under Tier-1(General), meaning anyone who is in UK under HSMP (New point Based, introduced after 5-dec-2006), and want to extend his/her stay, will not be able to extend his stay, if he/she has only Bachelor degree or previous earnings less than £20,000.

Can this be really true???

New PBS HSMP is although technically equivalent to Tier 1 (General), the visa printed on passport is HSMP, not Tier 1 (General), hence Home Office can simpy make the existing HSMP holders scape-goat, when it comes to extending their leave.

[nionlight]

Changes to the Immigration Rules have been announced:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Amendments to Tier 1 of the Points Based System
7.14 Tier 1 of the Points Based System caters for highly skilled migrants and was fully launched on 30 June 2008. This Statement of Changes makes a number of amendments to it, of which the key ones are:
Applicants under the Tier 1 (Post-Study Work) route will receive no points for post graduate certificates and diplomas other than UK Postgraduate Certificates of Education.
Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.

Hope this makes people feel a bit less worried.

Good spot PaperPusher - this should be good news for many on here, and I'm glad to see that the UKBA have exercised some common sense!

do we have leave under Tier 1 or HSMP?

[nionlight]

Guys, this is really shocking...go to page 40 on below link.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.

This says, first period of leave under Tier-1(General), meaning anyone who is in UK under HSMP (New point Based, introduced after 5-dec-2006), and want to extend his/her stay, will not be able to extend his stay, if he/she has only Bachelor degree or previous earnings less than £20,000.

Can this be really true???

New PBS HSMP is although technically equivalent to Tier 1 (General), the visa printed on passport is HSMP, not Tier 1 (General), hence Home Office can simpy make the existing HSMP holders scape-goat, when it comes to extending their leave.

this is the point i was trying to make for last few weeks! home office is trying to play dirty politics by using different terms here. see, they didnt mention anything about HSMP

[nnj10]

drjabberwocky23 wrote:

do we have leave under Tier 1 or HSMP?

Mine is HSMP,
Check your passport, it should be mentioned clearly on the visa page.
Any one who applied from 05-Dec-2006 until 30 June 2008 (When T1G was fully launched), is most likely to have HSMP Visa and not Leave under Tier-1 (General).

nionlight wrote:

this is the point i was trying to make for last few weeks! home office is trying to play dirty politics by using different terms here. see, they didnt mention anything about HSMP

Yes, they don't even mention anything about HSMP, but they say, "migrant who have leave under Tier 1 will not be affected, when seeking to extend the leave under Tier 1 (i.e. anyone with HSMP, when extending the leave will be affected).

[reladith]

Need to get the legal guys in and give a qualification of what these new rules mean exactly...
My thoughts are that they are what they say, and you must be a tier 1 to get the extention where u can claim a Bachelors degree...
It does defy all common sense though.
A mate of mine bought a house, he is on HSMP and looking to renew next month.
He has a Bachelors and will fail this test.
He will have to sell his house, at a negative equity as the market value is well below the liability, so his bank will lose out?
Makes me laugh that this government thinks they are doing the country a service by issuing this bill, when in actual fact they are doing anything but.
What you have the remember is that this is THEIR country. We are all guests and answerable to the laws that they wish to hand down...
We'll have no the answer to this...
It is what it is...
We all have 3 weeks to get our stuff together and bombard HO with Tier 1 extentions ASAP!
What happens about all those emails that where sent out as well claiming that HSMP where exempt?
I find it tragic, that these clueless people are the ones in charge of all yours/ours destiny...
Good luck all and remember, and things happen for a reason...

[hsmpOct2007]

guys,

Im being quite optimistic here, I dont think there is any need for concern for HSMP holders.

If you read the guidance section or on the UKBA site its clear that HSMP holders at the time of expiry of their visa will seek "extension" , so please do not confuse it with a new application.
But this is just me, Im sure the confirmation will come from the HO soon enough.

Pasting below what's there on the UKBA site under "Applying for extension section"

Can you apply to extend your stay?

[quote]You can apply to extend your stay if you are:

* already in the United Kingdom under the highly skilled worker category and want to extend your permission to stay within your existing category; or
* already in the United Kingdom under the Highly Skilled Migrant Programme, want to extend your permission to stay and are eligible to switch into the highly skilled worker category.

If you have not previously been given permission to stay in either of these categories, you should read the section on initial applications.[/quote]

[dnd]

agreed...on the forms as well, it's quite clear that you are seeking an extension, not a new application.

guys,

Im being quite optimistic here, I dont think there is any need for concern for HSMP holders.

If you read the guidance section or on the UKBA site its clear that HSMP holders at the time of expiry of their visa will seel "extension" , so please do not confuse it with a new application.
But this is just me, Im sure the confirmation will come from HO soon enough.

Pasting below what's there on the UKBA site under "Applying for extension section"

Can you apply to extend your stay?

You can apply to extend your stay if you are:

* already in the United Kingdom under the highly skilled worker category and want to extend your permission to stay within your existing category; or
* already in the United Kingdom under the Highly Skilled Migrant Programme, want to extend your permission to stay and are eligible to switch into the highly skilled worker category.

If you have not previously been given permission to stay in either of these categories, you should read the section on initial applications.

[reladith]

We will have to wait for the experts here because i think otherwise mate (I am not trying the fear monger here so i apoligize)
To be blunt it is an apallingly written bill, that is far too ambiguous to differentiate fact.
I think that if they wanted HSMP included, it ould have been included in the para.
But this contradicts everything that HO has been sending to everyone in the last 24 hours...
Once again i think we need to wait until some more knowledgable peeps then myself can give a reasonable response...

[nionlight]

"Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave."
this is very very tricky. any lawyer would agree, there is possibility to play trick in this statement. what is the visa we hold in our passport? HSMP not tier 1. doesnt matter its extension or what not. we hold HSMP visa not tier one. but anoucement is clealry saying about Tier 1. i am also optimistic. but since we have bitter experience with HO as they already made retrospective changes before december 2006, so they can do this time. have to wait for getting clear indication from HO.

[reladith]

"Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave."
this is very very tricky. any lawyer would agree, there is possibility to play trick in this statement. what is the visa we hold in our passport? HSMP not tier 1. doesnt matter its extension or what not. we hold HSMP visa not tier one. but anoucement is clealry saying about Tier 1. i am also optimistic. but since we have bitter experience with HO as they already made retrospective changes before december 2006, so they can do this time. have to wait for getting clear indication from HO.

100% agreed...
Asi stated, appaling representation of the bill

[SKUK]

I think technically HSMP holders post Dec 06 are tier 1 category once it was renamed. Why I say this is because that is the only way you could get an extension. There isn't and never was a separate HSMP extension alongside Tier 1 extension if you know what I mean.

So according to me, when you go for an extension irrespective of whether you had a HSMP or Tier 1 previously, you would be judged as per existing rules but if anyone is doing an initial switch whether from WP, tier 1 or seeking EC, then the new rules apply to them post April 1st.

[marrik]

Given there is no mention of HSMP in the document mentioned above and when we apply for our FLR, its extension under Tier 1 category, arent we (HSMP visa holders) exempted from the new rule change?

can any senior member guide us on this?

[confusedhsmp]

I agree with nionlight.

I think all HSMP holders will need to comply with new rules if they want to extend their leave to remain. The main reason is

1.We are HSMP holders not Tier 1
2. We are seeking to extend and switch both. NOT just extend.

Can you apply to extend your stay?
You can apply to extend your stay if you are:
already in the United Kingdom under the highly skilled worker category and want to extend your permission to stay within your existing category;

or

already in the United Kingdom under the Highly Skilled Migrant Programme, want to extend your permission to stay and are eligible to switch into the highly skilled worker category.

3. It says .... Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous

and we are clearly applying for our first term of leave under Tier one.

4. If they wanted they would have included us in the draft aswell ! but they chose not to do so

HOWEVER i would have expected the Home Office to have some transitional arrangement for HSMP holders.

I really dont know what get out of it. But all i know is i am willing to fight!

[nionlight]

I agree with nionlight.

I think all HSMP holders will need to comply with new rules if they want to extend their leave to remain. The main reason is

1.We are HSMP holders not Tier 1
2. We are seeking to extend and switch both. NOT just extend.

Can you apply to extend your stay?
You can apply to extend your stay if you are:
already in the United Kingdom under the highly skilled worker category and want to extend your permission to stay within your existing category;

or

already in the United Kingdom under the Highly Skilled Migrant Programme, want to extend your permission to stay and are eligible to switch into the highly skilled worker category.

3. It says .... Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous

and we are clearly applying for our first term of leave under Tier one.

4. If they wanted they would have included us in the draft aswell ! but they chose not to do so

HOWEVER i would have expected the Home Office to have some transitional arrangement for HSMP holders.

I really dont know what get out of it. But all i know is i am willing to fight!

thanks for agreeing confused. this is the point i was trying to make from beginning. this home office is bunhc of cowards, piece of crap... see what their call centre officals mentioned in theri email and what their official announcement is. what is the point of written confirmation from them? this is just rubbish... they even didnt publsih the rules yet. and they will try to publish as late as possible. if possible then 30th march. so that HSMP holders get no time to apply before april 1st. disgusting... bullshit....
they have a hidden anger for HSMP holder, since they lost msierbly in high court last time. so this coward will take revenge by back stabbing!!! get ready for the FIGHT...

[hsmphsmp]

"Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave."

I am optimistic here, I beleive HO will soon update their website with respect to current HSMP visa holders. Considering HSMP and tier 1 are almost same except for maintainence fund part and slight change in english language requirement, it would be extremely silly on part of HO if they do not apply the same rules for HSMP holders as tier 1 holders.

[hsmpOct2007]

"Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave."

I am optimistic here, I beleive HO will soon update their website with respect to current HSMP visa holders. Considering HSMP and tier 1 are almost same except for maintainence fund part and slight change in english language requirement, it would be extremely silly on part of HO if they do not apply the same rules for HSMP holders as tier 1 holders.

I agree here....
Lets be optimistic guys, there are no seperate rules existing for HSMP at present. Its been replaced by Tier1.
So HSMP's will extend under tier1 .period.
and the below clause will also apply to them ( this is from the immigration laws again ) , I think this is the basis on which Tier1 isnt affected by new rules.

refer to the leave to remain section for tier 1(general)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In there it talks about the 75 points you need to score detailed in Appendix A. This clause below is in Appendix A.
Check Pg7 clause 245B
AND
Check Pg14 Appendix A under Qualifications

So in short it summarizes who can extend under Tier1 and how the qualification point is applied for extension.

If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled
Migrant and the qualification for which points are now claimed was, in the applicant’s last
successful application for leave or for a Highly Skilled Migrant Programme Approval Letter,
assessed to be of a higher level than now indicated by UK NARIC, the higher score of points
will be awarded in this application too.

[confusedhsmp]

This is all "Game Theory".

The best possible practical application by anyone on this world.

Shame on HO if this turns out to apply to HSMP holders.

Its turning out to be complete opposite here. I am pessimistic like nionlight whereas he is optimistic.

or may be i am tired. Never minds guyz.

HSMPOCT2007 please provide reference of your extract with page, pg no

Thanks

[nionlight]

well this is our speculation and our hope. technically HSMP may be replaced by Tier 1 or whatever. but, from the annoucemnt, it is clear that ONLY TIER 1 visa holder will be exempted. no other visa category will be exempted. be it HSMP even though its 100% same as Tier 1. officially thas what it meant. unless HO declares any special transitional arrangement then we are in great trouble.
This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave

[nionlight]

This is all "Game Theory".

The best possible practical application by anyone on this world.

Shame on HO if this turns out to apply to HSMP holders.

Its turning out to be complete opposite here. I am pessimistic like nionlight whereas he is optimistic.

or may be i am tired. Never minds guyz.

The poster above please provide reference of your extract with page, pg no

Thanks

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

page number 40.

[hsmpOct2007]

This is all "Game Theory".

The best possible practical application by anyone on this world.

Shame on HO if this turns out to apply to HSMP holders.

Its turning out to be complete opposite here. I am pessimistic like nionlight whereas he is optimistic.

or may be i am tired. Never minds guyz.

HSMPOCT2007 please provide reference of your extract with page, pg no

Thanks

updated with the details from where I got that extract.
cheer up now and have a good night guys, the more tired we are lesser the optimism .
Will take it forward tomm.

[ssuresh83]

Guys,

What about people with bachelor degree who are going to apply on March for tier 1 . please do clarfify. can i go ahead and apply.

[drjabberwocky23]

Guys,

What about people with bachelor degree who are going to apply on March for tier 1 . please do clarfify. can i go ahead and apply.

Applying in March is fine, as the new rules will not take effect until April 2009.

[gotcha]

no other visa category will be exempted. be it HSMP even though its 100% same as Tier 1. officially thas what it meant.

Stop spreading panic unless you are sure, what you are saying.

There are so many peoples received emails from UKBA, confirming that these changes will not affect HSMP holders extending their leaves as Tier1. What else you want.

Remember, the these document is not having information like , how new previous earning table looks like. So don't draw conclusions.

As mentioned already by someone, HSMP holders extend their stay not switch like other categories.

But if you want to live in fear and in process spread it, then be it.