Issue with the English language requirement

[hsmp50]

Hi everyone,

I am currently in UK based on the HSMP visa granted under the immigration rules which came into force on 5 December 2006. I am planning to apply for the extension under Tier 1 (general) in the next few months.

While I was reading the latest Tier 1 (General) application form and the guidance (both version 06/08 ) I noticed different requirements in each document.

The first document is the Tier 1 (General) Application Form.

As per Page 47 of this form:

If the applicant is currently in the United Kingdom as a Tier 1 (General) migrant or as a Tier 1 (Entrepreneur) migrant , and has previously satisfied the English Language Requirement, then they can claim 10 points for their level of English language.

In this form there is no mention of people with HSMP visa granted under the immigration rule which came into force on 5 December 2006.

The other document is the Tier 1 (General) Policy Guidance.

As per Paragraph 178 and 179, Page 27 of this guidance:

178. Applicants meet the English language requirement if they were last given permission to stay in the United Kingdom:

• under Tier 1 (General) or Tier 1 (Entrepreneur) and are applying for an extension of leave to remain; or

• as a Highly Skilled Migrant Programme participant under the immigration rules which came into force on 5 December 2006 and they are applying for an extension of leave to remain under a Tier 1 category.

179. As these applicants will have already provided evidence of their English language ability in a previous application they do not have to provide any more evidence.

When I checked the self assessment calculator currently available on the IND website I could achieve the 10 points required for the English language requirements based on my previous HSMP application (as I have already provided evidence for the English language ability with my HSMP application). This reflects the requirement given in the Tier 1 police guidance document.

Now my question is which document I should follow.

Should I stick to what is given in the application form and try to provide a new evidence of my language ability or follow the requirement in the policy guidance? If I follow the one in the policy guidance, then I don’t need to give any other evidence for the English language ability. In this case what should I say in the application form?

I am slightly confused and worried. I am sure there are many other people having the same issue. I will be grateful if someone provides me with the guidance on what needs to be done.

Thanks