FYI - Difference b/w Tier 1 switching and Tier 1 extension

[hsmpinuk70]

Have been receiving a lot of PMs in the recent days for clarification between Switching and Extending, so thought it wise to post it here for all to view.

Tier 1 Switching
1. If you have a valid HSMP approval in hand and are either a)applying for EC from India (or other countries as and when Tier 1 is introduced in such countries), or b)applying within UK for initial leave to remain under Tier 1, or
2. If you are making a fresh Tier 1 application from within UK to switch from any other visa category that allows you to switch to Tier 1 (e.g.- WP),
then you will be swtiching to Tier 1.

Tier 1 Extension
If are in UK with existing leave to remain under HSMP which is nearing expiry and are applying for futher leave to remain, then you will be extending your leave to remain under Tier 1.

Hope this clarifies and makes it easier to figure out which category one belongs to.

regards

PS: Administrator(s), can this be made a sticky? Thanks !

[push]

Tier 1 Switching
1. If you have a valid HSMP approval in hand and are either a)applying for EC from India (or other countries as and when Tier 1 is introduced in such countries), or b)applying within UK for initial leave to remain under Tier 1, or
2. If you are making a fresh Tier 1 application from within UK to switch from any other visa category that allows you to switch to Tier 1 (e.g.- WP),
then you will be swtiching to Tier 1.

If someone has just an HSMP approval letter, he would not be covered under switching. For switching, one has to have a leave to remain already !! Please see the following (click on the right panel-switching) on the BIA website:

http://www.ukba.homeoffice.gov.uk/worki ... igibility/


Additionally, the Tier I guidance notes specify:

Periods of grant:

Entry Clearance and Leave to Remain where previous grant of leave was not as a Tier 1 (General) participant (switching) :For a period of 3 years

&

Switching is permitted from applicants who currently hold leave as:
• as a Highly Skilled Migrant,
• as a Tier 1 (General) Migrant,
• as an Innovator,
• as a Participant in the Fresh Talent: Working in Scotland Scheme,
• as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
• as a Postgraduate Doctor or Dentist,
• as a Student,
• as a Student Nurse,
• as a Student Re-Sitting an Examination,
• as a Student Writing-Up a Thesis, or
• as a Work Permit Holder.


So, I would assume that those who simply hold an HSMP approval letter wouldbe covered under the category "Initial Application" not switching as they do not have any VISA status - just an approval to apply for VISA.

regards,

push_hsmp

[hsmpinuk70]

The idea of the original post above was that of general information rather than legal interpretation.

Anyhow, the following is an illustration from the Tier 1 application form (section 3) to support my understanding that Tier 1 applications with an HSMP approval in hand are considered a "switch". Please follow text in blue
-----
a) Is the applicant making an application for:
Initial entry (switching) into Tier 1 (General) - go to next question
Extension within Tier 1 (General) - go to question c
b) Does the applicant currently hold an unexpired approval letter under the Highly Skilled Migrant Programme?
Yes - go to section Z
No - go to section 3a
c) Is the applicant currently in the UK under:
Tier 1 (General) - go to section 3b
The Highly Skilled Migrants Programme - go to section 3c
-----
Now if you don't check "initial entry (switching), you never get to select that you hold an unexpired HSMP approval letter.

The bottom-line, as I understand it, is initial entry to Tier 1. The form itself is titled "Applications for intial entry (switching) or extension of stay within Tier 1 (General)". If Tier 1 applications with HSMP approvals are considered as initial entry but not switching, then strictly speaking, it should have been "initial entry / switching" and not "initial entry (switching)" in the guidelines and in the form. . Moreover, any applicant applying from within UK with a HSMP approval in hand will have some sort of leave to remain in UK that allows him to switch at the time of application. If that is not so, one is not allowed to apply. .

That leaves us with one category of applicants - people applying from India (currently, or anywhere outside UK as and when Tier 1 starts getting rolled out) with HSMP approval in hand - where it seems to make sense that since they do not have existing leave to remain in UK (and hence do not fill this form but a different one), they cannot be considered as "switching" to Tier 1. But for me, in the English language I learnt, "initial entry (switching)" in other words means "initial entry = switching". Or maybe it is time for a lengthy refresher course (ESOL) for me .

Phew !! All I wanted to do was explain to people PMing me that Tier 1 application with HSMP approval in hand was not an "extension application". The form and policy guidance present two broad categories - switching and extension - and I tried to provide an explanation in that context.

Nevertheless, I hope it is now clear(er) as to which category each UK applicant belongs to - switching or extension. As for people from outside UK making a Tier 1 application (new or with HSMP approval in hand), they should rather consider themselves as applying for initial entry to Tier 1, based on strict legal jargon.

regards