New Rules for Tier 1 and Tier 2 from 6th APRIL 2010

ESPES · Post by **ESPES** » Thu Mar 18, 2010 5:41 pm

inukdreamtier1 wrote:Hi ,

I have a very diffrent situation with this .. Happy to see that many are going to get advantage of this new change (with bachelor degree back) , I am in a difficult situation though .. As of today I can claim 80 points with the current Tier 1 law ( Masters - 35 , Age - 5 , Earnings -40 - Total 80 ) , from Apr 6th it is going to be ( Masters - 35 , Age - 10 , Earnings -20 Total -65 ) , so I cant say it is a welcome change to me (:

I was not plannig to move to Tier 1 immediately ( I am on Tier 2 intra company transfer in London now) ..Luckily I can show 3 months Maintanence fund and all other requirements now , so I can apply for Tier 1 before 06th Apr.. Could any one clarify the below questions

1) Most importantly , any application before 06 th Apr from now (till 05th Apr) are with the present Tier 1 requirements ?

2) Any idea how many years of visa they may give (as current proposal will give only 2 years visa for initial applications )

3) Is National Insurance mandatory for applying Tier 1 ?

4) I believe ICFN is not required (going thru many threads here ) if I dont have one - could you please confirm

4) If the application is by post , can you confirm the date of application is the date of postage and the visa requirements remain the same as of now , even they are processing after 06th

Also, any suggestions from any experienced guys on best approach I should take as I am end up with less than 3 weeks

I think you can get 5 more points for uk experience - though it's not helpful.

I'm in the same situation as you are. just apply asap.

GeneNZ · Post by **GeneNZ** » Thu Mar 18, 2010 6:12 pm

wf wrote:
Yes the NZ multiplier is very generous, considering Australia doesn't get one at all, and there is not a massive difference in wages between the countries.

I would expect NZ's to be changed in the upcoming review.

When I applied for Tier 1, you could get the max points for salary on around $NZ40k, which is not much at all.

Well to be fair, I still think NZ deserves a multiplier, since Australians do earn more than NZers. But I would be lying to say that the multiplier is too high.

As it were, with a 2.3 multiplier, most Bachelor's university grads can apply under the new rules, because I don't know of a single grad (provided they actually got employment in the first place - recession and all), who would be earning under the threshold after multiplier.

Moral of the story - if you're in NZ, apply on the April 6th. Don't wait.

arsenal49 · Post by **arsenal49** » Thu Mar 18, 2010 6:15 pm

tier1_aspirant_del wrote:Hi,

I have applied for Tier 1 (General) Visa on 23rd Feb 2010 in VFS delhi and still waiting for the outcome. The new rules announced does not affect me and my PBS points will remain same in new rules too (because of points increased due to age).

I want to ask that If I get the visa then will it be for 2 year or 3 year initially?

dont get confused.. as far as your app is concerned, new rules mean nothing at all. i think they give visa for 3 years under current rules so... you will get visa for 3 years. simple as that.

regards,

arsenal49 · Post by **arsenal49** » Thu Mar 18, 2010 6:17 pm

nasirraza_31 wrote:
aruni4470 wrote:
nasirraza_31 wrote:Hi Guys,

This may sound foolish but is it possible to use my UK salary and then apply from India using indian multiplier?

I am asking this as I am in UK on dependant Visa and my spouse is not sure if she will be able to get the extension due to job loss.

Thanks.
No you cant use multiplier for earnings made in UK.
Thanks for the reply aruni4470.

I have another not so intelligent query here.

My age is 29 Years and 9 Months.

Which band will Iqualify for '29 or under' or '30 to 34'.

I am just being Cautious here.

Thanks.

you are NOT 30 until your 30th birthday.. so you are 29 or under category...

regards

anais97 · Post by **anais97** » Thu Mar 18, 2010 8:05 pm

I may seem moronic, but does the new points table refer to Tier 1 extensions? I'm here on Tier 1 general (approved July 1 2009, entered Sep 2009). It's valid until July 2012. If I read the pdf correctly, it states:

'Extension applications will be subject to the same points table as above [the new table], but with small differences to the points awarded for age and UK experience, as at present.'

but also

'The new points table will not apply to migrants who are in the UK in one of the following immigration categories:
Tier 1 (General), with leave granted before 6 April 2010
The Highly Skilled Migrant Programme (HSMP)
Writers, Composers and Artists
Self-employed Lawyers
We will not apply the new points table to migrants in these categories. They will continue to be awarded the same points as they are currently when they apply to switch into Tier 1 (General).'

Perhaps it's a question of phrasing, but would or would I not be assessed by the new points system for my extension for July 2012? I'm confused!

PostMan · Post by **PostMan** » Thu Mar 18, 2010 8:23 pm

The PBS cannot get any where easier. All the changes and strategies are making it more difficult, especially the Tier 1 General.
And it seems that one has to use Self Employment to support earning before it achieve enough.
Sorry for for people in mid- forties.

ukswus · Post by **ukswus** » Thu Mar 18, 2010 9:55 pm

You did not read it very carefully, did you?

'Extension applications will be subject to the same points table as above [the new table], but with small differences to the points awarded for age and UK experience, as at present.'

This clearly applies to the new extension applicants, ie those who apply after 6 april, and then extend in the future.

anais97 wrote:I may seem moronic, but does the new points table refer to Tier 1 extensions? I'm here on Tier 1 general (approved July 1 2009, entered Sep 2009). It's valid until July 2012. If I read the pdf correctly, it states:

'Extension applications will be subject to the same points table as above [the new table], but with small differences to the points awarded for age and UK experience, as at present.'

but also

'The new points table will not apply to migrants who are in the UK in one of the following immigration categories:
Tier 1 (General), with leave granted before 6 April 2010
The Highly Skilled Migrant Programme (HSMP)
Writers, Composers and Artists
Self-employed Lawyers
We will not apply the new points table to migrants in these categories. They will continue to be awarded the same points as they are currently when they apply to switch into Tier 1 (General).'

Perhaps it's a question of phrasing, but would or would I not be assessed by the new points system for my extension for July 2012? I'm confused!

T1_Mainframe · Post by **T1_Mainframe** » Thu Mar 18, 2010 10:21 pm

I see many folks are not able to understand SoC. Some read above table will be applied to extension as well. Some ask NI is required, what is the date of application, when date of application is clearly discussed at many places ranging from T1 guidelines or ukba website. If I apply before 6th April, what will be visa length. Can I apply uplift ratio on income made in UK.
Do you really want to obtain Highly Skilled Migrant visa? But where is your high skill in understanding the rules. All the rules are written in simple English. Are you caliming zero points for English langauage requirement? But those 10 points are mandatory points. Read SoC 100 times, if you still find it difficult to understand then take help of a good English reader who can explain you in your first language.

anais97 · Post by **anais97** » Thu Mar 18, 2010 11:19 pm

Goodness, but I didn't quite expect such a negative reaction; I was just hoping to see if someone could clarify my doubts.

As the nature of this board is to assist its members, may I just say I'm a bit saddened to see such wise comments directed at those who post sincere requests for clarification.

I'm terribly sorry to have bothered, and will no longer post here anymore.

aruni4470 · Post by **aruni4470** » Thu Mar 18, 2010 11:30 pm

T1_Mainframe wrote:I see many folks are not able to understand SoC. Some read above table will be applied to extension as well. Some ask NI is required, what is the date of application, when date of application is clearly discussed at many places ranging from T1 guidelines or ukba website. If I apply before 6th April, what will be visa length. Can I apply uplift ratio on income made in UK.
Do you really want to obtain Highly Skilled Migrant visa? But where is your high skill in understanding the rules. All the rules are written in simple English. Are you caliming zero points for English langauage requirement? But those 10 points are mandatory points. Read SoC 100 times, if you still find it difficult to understand then take help of a good English reader who can explain you in your first language.

I believe its not lack of understanding of the policy guidance or SoC. It is just making sure what one understands from it is correct. One might be very good at English and some people might be not so good and just being good in English doesn't make a person highly skilled. The sole purpose of this forum is to clarify, however silly the queries maybe.

For some people (like me), applying for visa and coming to a different country is a huge task. When making such important decisions, obviously you want to be sure than sorry.

There is a saying â€œThere are no foolish questions and no man becomes a fool until he has stopped asking questionsâ€

blaze007 · Post by **blaze007** » Fri Mar 19, 2010 12:08 am

Hi Guys,

I need your help with in this please.

According to new rules:

The new points table will not apply to migrants who are in the UK in one of the following immigration categories:
â€¢ Tier 1 (General), with leave granted before 6 April 2010
â€¢ The Highly Skilled Migrant Programme (HSMP)
â€¢ Writers, Composers and Artists
â€¢ Self-employed Lawyers

Currently if someone is on Tier 1 (PSW), and planning to apply for HSMP (Tier 1 - General) after 06th April, will the current rules only apply or the new?

Did they mean, any Tier 1 applicant to switch to HSMP/Tier 1 (Gen) will fall under current rules?

Secondly, if considered under current rules to swith from Tier 1 (PSW) to HSMP, after 2 or 3 years, the extension will be again under these new rules or will be current rules?

Look forward to your valuable response.

Many Thanks

aruni4470 · Post by **aruni4470** » Fri Mar 19, 2010 12:11 am

Currently if someone is on Tier 1 (PSW), and planning to apply for HSMP (Tier 1 - General) after 06th April, will the current rules only apply or the new?

new rules will apply

Saga · Post by **Saga** » Fri Mar 19, 2010 9:22 am

27.
The above changes will also apply to dependants of Points-Based System migrants.

Which changes will apply to dependents ? Dependents do not have to fulfill the points criteria !

aruni4470 · Post by **aruni4470** » Fri Mar 19, 2010 10:36 am

Saga wrote:
27.
The above changes will also apply to dependants of Points-Based System migrants.

Which changes will apply to dependents ? Dependents do not have to fulfill the points criteria !

Please dont read the points individually.

The above statement refers to point 25 and 26 which talks about 'doctor in training' and 'dentists in training' and the point 27 clarifies that these restrictions apply to the dependants as well.

confusedhsmp · Post by **confusedhsmp** » Fri Mar 19, 2010 11:05 am

anais97 wrote:I may seem moronic, but does the new points table refer to Tier 1 extensions? I'm here on Tier 1 general (approved July 1 2009, entered Sep 2009). It's valid until July 2012. If I read the pdf correctly, it states:

'Extension applications will be subject to the same points table as above [the new table], but with small differences to the points awarded for age and UK experience, as at present.'
Form this they only mean extension application who apply after 6th April. and come under new rules

but also

'The new points table will not apply to migrants who are in the UK in one of the following immigration categories:
Tier 1 (General), with leave granted before 6 April 2010
The Highly Skilled Migrant Programme (HSMP)
Writers, Composers and Artists
Self-employed Lawyers
We will not apply the new points table to migrants in these categories. They will continue to be awarded the same points as they are currently when they apply to switch into Tier 1 (General).'
This is for normal extension application who already hold Tier 1 or HSMP before the new rules come

Perhaps it's a question of phrasing, but would or would I not be assessed by the new points system for my extension for July 2012? I'm confused!

GeneNZ · Post by **GeneNZ** » Fri Mar 19, 2010 11:39 am

I'm not sure if anyone knows, but I'll ask this anyway. I'm reluctant to start a new forum thread, because there already is about 20 about the new Tier 1 changes.

I will be applying and paying for the Tier 1 General the moment the changes are implemented (on Apr 6th or 7th). I am applying out of UK (in New Zealand). If I am to apply on this date, book my biometrics and send off my application, as soon as possible for processing, this means I need to get my evidence ready right now (or within the next two weeks).

Does anyone know if the forms of evidence and required evidence will remain the same as prior to the change? For example, will I still need two forms of evidence of my previous earnings, from different sources, both stamped, dated and verified? Or will sending the actual degree suffice, or will I need additional evidence such as an academic transcript also? I know the forms will change on April 6th/7th, but I'm wondering if I can still work from the Tier 1 General guidance as a guide to determining is needed for evidence?

I've tried looking on the UKBA website, but given the annoucement was only made within the last 24 hours, there isn't much in the way of documentation to actually get me started.

I am fairly confident that it won't change but doesn't hurt to ask. I suppose on the safe side, I should just get as much evidence as possible, for example 3 forms of evidence for my previous earnings etc.

jessica_halida · Post by **jessica_halida** » Fri Mar 19, 2010 11:41 am

I think the rule will get thougher by the day. I only score 15 now on the earning band, luckily I will be extending my Tier1 in march 2011 and not making initial application so old rule still applicable on me.
But I can't see there is anything will prevent UKBA to implement the new rule on me in the future. My fate seems to reside on UKBA hands.

Markie · Post by **Markie** » Fri Mar 19, 2010 12:19 pm

good point. Just ensure you have all supporting docs and it will just be a breeze. With regards to the forms, they (UKBA) normally post the revised forms a week before so try next week.

GeneNZ wrote:I'm not sure if anyone knows, but I'll ask this anyway. I'm reluctant to start a new forum thread, because there already is about 20 about the new Tier 1 changes.

I will be applying and paying for the Tier 1 General the moment the changes are implemented (on Apr 6th or 7th). I am applying out of UK (in New Zealand). If I am to apply on this date, book my biometrics and send off my application, as soon as possible for processing, this means I need to get my evidence ready right now (or within the next two weeks).

Does anyone know if the forms of evidence and required evidence will remain the same as prior to the change? For example, will I still need two forms of evidence of my previous earnings, from different sources, both stamped, dated and verified? Or will sending the actual degree suffice, or will I need additional evidence such as an academic transcript also? I know the forms will change on April 6th/7th, but I'm wondering if I can still work from the Tier 1 General guidance as a guide to determining is needed for evidence?

I've tried looking on the UKBA website, but given the annoucement was only made within the last 24 hours, there isn't much in the way of documentation to actually get me started.

I am fairly confident that it won't change but doesn't hurt to ask. I suppose on the safe side, I should just get as much evidence as possible, for example 3 forms of evidence for my previous earnings etc.

Saga · Post by **Saga** » Fri Mar 19, 2010 2:55 pm

Just wondering, what happens if someone applied before 6th April, gets rejected and appeals.. Will he/she be judged according to the old rules?

T1_Mainframe · Post by **T1_Mainframe** » Fri Mar 19, 2010 2:57 pm

I too beleive that forms of supporting documents will remain same. I would suggest you to prepare your application old way e.g. two evidences for Past Earnings category (Payslip, Bank Statement, Emlpoyer letter, Tax document etc). Hope this helps.

GeneNZ wrote:I'm not sure if anyone knows, but I'll ask this anyway. I'm reluctant to start a new forum thread, because there already is about 20 about the new Tier 1 changes.

I will be applying and paying for the Tier 1 General the moment the changes are implemented (on Apr 6th or 7th). I am applying out of UK (in New Zealand). If I am to apply on this date, book my biometrics and send off my application, as soon as possible for processing, this means I need to get my evidence ready right now (or within the next two weeks).

Does anyone know if the forms of evidence and required evidence will remain the same as prior to the change? For example, will I still need two forms of evidence of my previous earnings, from different sources, both stamped, dated and verified? Or will sending the actual degree suffice, or will I need additional evidence such as an academic transcript also? I know the forms will change on April 6th/7th, but I'm wondering if I can still work from the Tier 1 General guidance as a guide to determining is needed for evidence?

I've tried looking on the UKBA website, but given the annoucement was only made within the last 24 hours, there isn't much in the way of documentation to actually get me started.

I am fairly confident that it won't change but doesn't hurt to ask. I suppose on the safe side, I should just get as much evidence as possible, for example 3 forms of evidence for my previous earnings etc.

alladin · Post by **alladin** » Fri Mar 19, 2010 3:34 pm

aruni4470 wrote:
Saga wrote:
27.
The above changes will also apply to dependants of Points-Based System migrants.

Which changes will apply to dependents ? Dependents do not have to fulfill the points criteria !
Please dont read the points individually.

The above statement refers to point 25 and 26 which talks about 'doctor in training' and 'dentists in training' and the point 27 clarifies that these restrictions apply to the dependants as well.

Please correct me if I am wrong. This restrictions placed on dependents, won't this be for the new applicants of Tier 1?? I mean, in my case, I was on HSMP and now Tier 1 after extension. I will be applying for dependent visa after april 06. so am I correct to believe that this restriction doesnot apply to my dependent??

Please share your thoughts.

thanks,
alladin

arsenal49 · Post by **arsenal49** » Fri Mar 19, 2010 4:26 pm

Saga wrote:Just wondering, what happens if someone applied before 6th April, gets rejected and appeals.. Will he/she be judged according to the old rules?

yes old rules apply until app is decided in favour or otherwise... and appeal process is sort of continuation of app so still old rules will still apply

regards

arsenal49 · Post by **arsenal49** » Fri Mar 19, 2010 4:29 pm

GeneNZ wrote:I'm not sure if anyone knows, but I'll ask this anyway. I'm reluctant to start a new forum thread, because there already is about 20 about the new Tier 1 changes.

I will be applying and paying for the Tier 1 General the moment the changes are implemented (on Apr 6th or 7th). I am applying out of UK (in New Zealand). If I am to apply on this date, book my biometrics and send off my application, as soon as possible for processing, this means I need to get my evidence ready right now (or within the next two weeks).

Does anyone know if the forms of evidence and required evidence will remain the same as prior to the change? For example, will I still need two forms of evidence of my previous earnings, from different sources, both stamped, dated and verified? Or will sending the actual degree suffice, or will I need additional evidence such as an academic transcript also? I know the forms will change on April 6th/7th, but I'm wondering if I can still work from the Tier 1 General guidance as a guide to determining is needed for evidence?

I've tried looking on the UKBA website, but given the annoucement was only made within the last 24 hours, there isn't much in the way of documentation to actually get me started.

I am fairly confident that it won't change but doesn't hurt to ask. I suppose on the safe side, I should just get as much evidence as possible, for example 3 forms of evidence for my previous earnings etc.

ideal thing to do is get all the evidence as asked currently by UKBA. then keep a close eye on the guidance note that will be published after 6 april and see if there is any changes in the guidance notes. these changes will be minimum one would imagine.

regards

T1_Mainframe · Post by **T1_Mainframe** » Fri Mar 19, 2010 4:41 pm

Dependents will still be treated old way - primary should be able to support them. They (dependents) won't have to qualify under point calculations. Don't worry.

blaze007 · Post by **blaze007** » Fri Mar 19, 2010 7:40 pm

Hi Guys,

I am quite suprised as no one has mentioned about how unfair these new rules are.

In my situation i am on Tier 1 PSW and have started maintaining funds from last month inorder to apply for HSMP/ Tier 1 General next month. According to these new rules i will not be eligible after 6th April. So should i quitely go back to India after contributing so much to this country for the past 3.5 years?

That's totally unfair. May be no one else is in this similar situation and not realizing.

Any comments from the members?

Thanks

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New Rules for Tier 1 and Tier 2 from 6th APRIL 2010

Re: New Rules for Tier 1 and Tier 2 from 6th APRIL 2010

HELP!!! Tier1 (PSW) to Tier1(HSMP/General)

New changes - Unfair