Changes announced to the Immigration Rules

[Kaff]

Exactly! Both ConfusedHSMP and Nionlight should be banned from this forum! they are spreading panic all over.
I agreed with Gotcha, HSMPs will be extending their stay, so they will not be effected!
Use your common sense, and if you are still unsure hire a lawyer and discuss with him and then post your findings.

[maximux79]

Agreed that we can think positively as per gotcha and kaff...

Cool down kaff...not all are same....many people can get panic very soon...not sure how much pressue under they are...

Cheers

Exactly! Both ConfusedHSMP and Nionlight should be banned from this forum! they are spreading panic all over.
I agreed with Gotcha, HSMPs will be extending their stay, so they will not be effected!
Use your common sense, and if you are still unsure hire a lawyer and discuss with him and then post your findings.

[dnd]

Section 3 - Tier 1 (General) Details
A) Is the applicant making an application for:

• An initial grant of leave to remain (switching) under Tier 1 (General)
  • - go to question B)
  An extension of leave within Tier 1 (General)
  • - go to question C)
    (This includes any in-country applicant whose last grant of leave was made under Tier 1 (General) or under one of the following categories: the Highly Skilled Migrant Programme (HSMP); the Self-Employed Lawyers Concession; the Writers, Composers and Artists provisions of the Immigration Rules.)

That's pretty clear isn't it? Page 27 of the application form.

[Tier1_Bristol]

Section 3 - Tier 1 (General) Details
A) Is the applicant making an application for:

• An initial grant of leave to remain (switching) under Tier 1 (General)
  • - go to question B)
  An extension of leave within Tier 1 (General)
  • - go to question C)
    (This includes any in-country applicant whose last grant of leave was made under Tier 1 (General) or under one of the following categories: the Highly Skilled Migrant Programme (HSMP); the Self-Employed Lawyers Concession; the Writers, Composers and Artists provisions of the Immigration Rules.)

That's pretty clear isn't it? Page 27 of the application form.

Yes, this is very clear. I think we should call them to confirm this.

[drjabberwocky23]

I think that there's a lot of understandable panic, but I am hopeful that HSMP holders will not be applying for an "inital" grant of leave within Tier 1. Therefore the rules should not affect existing Tier 1/HSMP holders, but will affect any and all who plan to make an initial application after the end of March.

[confusedhsmp]

Exactly! Both ConfusedHSMP and Nionlight should be banned from this forum! they are spreading panic all over.
I agreed with Gotcha, HSMPs will be extending their stay, so they will not be effected!
Use your common sense, and if you are still unsure hire a lawyer and discuss with him and then post your findings.

Only if you knew a little bit of english, it shouldnt have been a problem for you to understand that specific sentence. Kaff.

Its pretty harsh to call for ban on members. Shows your mentality and establishes your credibilty. + of lawyers you are already using.

I bet you are not worse than Home Office.

We are only here to give opinions. same as what you are doing.

I am myself optimistic due to emails from HO aswell.

We are clearly not on any Blinking Tier 1 visa. got it? no matter wether we extend INTO Tier 1 or not.

But i expect more clarification from the Home Office in some days.

My personal opinion is that the new rules may well not apply to HSMP holders as its not just us but also the Self-Employed Lawyers Concession; the Writers, Composers and Artists provisions of the Immigration Rules

Kaff. Dont be kiddish next time (or more crying). Lets stop this and carry on with proper discussion on this forum.

[mohan76]

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.

I fully agree with SKUK. No need to worry since irrespective of whether you have HSMP or TIER I you would be definitely judged on the basis of same criteria what was used earlier. ONLY new applications from 1st April will be evaluated as per the NEW RULES.........WHICH IS VERY TOUGH I SAY........

[satish.pand]

If you apply for a HSMP-->Tier1 extension and if your initial HSMP was granted after 05/Dec/2006. The output from the points based calculator will be

YOUR APPLICATION

Select which tier you are applying under.
Tier 1 (Highly skilled workers)

Select what category of tier 1 you are applying under.
Tier 1 (General)

Where are you applying from?
Inside the United Kingdom with permission to stay

What type of application are you making?
Extending your stay in the United Kingdom

Are you already in the United Kingdom with permission to stay as a highly skilled migrant, with an approval letter issued under the immigration
rules in place from 5 December 2006?
Yes

This shows that we are extending our leave under Tier1.

[umanghere]

Guys , to extend your leave to remain under Tier one we need to fill section 3 C of the form. I am sure of this as all of my friend who are on HSMP filled this section, got it approved and it makes logical sense as well looking at the form.

Section 3 - Tier 1 (General) Detailsetails
A) Is the applicant making an application for:
An initial grant of leave to remain (switching) under Tier 1 (General)
- go to question B)
An extension of leave within Tier 1 (General)
- go to question C)

Section A is applicable to if you are moving from WP to Tier one-NEW RULES are applicable to you in that case.
Section C is for people already on HSMP/Tier one.

This matches with the written email confirmation from the HO as well. I dont see any contradiction in their statement .

Also if you remember the first written reply from HO talked only about HSMP holders not affected and then people got worried what will happen to people on Tier One.

However later replies by HO(including the one send to me) clearly mentions that both HSMP and Tier one seeking to extend leave are NOT affected.

Response from HO
'Applicants who currently have leave to remain under the Highly Skilled Migrant Programme, Writers, Artists, Composers or Self Employed Lawyers categories, and are applying to extend their leave to remain in the UK in Tier 1 (General) will not be affected by the changes announced by the Home Secretary.
Applicants who currently have leave to remain as a Tier 1 (General) migrant will not be affected by the change when they apply for further leave to remain. '


This response clearly speaks that anyone currently on HSMP is going to apply for extension

[mohan76]

Guys , to extend your leave to remain under Tier one we need to fill section 3 C of the form. I am sure of this as all of my friend who are on HSMP filled this section, got it approved and it makes logical sense as well looking at the form.

Section 3 - Tier 1 (General) Detailsetails
A) Is the applicant making an application for:
An initial grant of leave to remain (switching) under Tier 1 (General)
- go to question B)
An extension of leave within Tier 1 (General)
- go to question C)

Section A is applicable to if you are moving from WP to Tier one-NEW RULES are applicable to you in that case.
Section C is for people already on HSMP/Tier one.

This matches with the written email confirmation from the HO as well. I dont see any contradiction in their statement .

Also if you remember the first written reply from HO talked only about HSMP holders not affected and then people got worried what will happen to people on Tier One.

However later replies by HO(including the one send to me) clearly mentions that both HSMP and Tier one seeking to extend leave are NOT affected.

Response from HO
'Applicants who currently have leave to remain under the Highly Skilled Migrant Programme, Writers, Artists, Composers or Self Employed Lawyers categories, and are applying to extend their leave to remain in the UK in Tier 1 (General) will not be affected by the changes announced by the Home Secretary.
Applicants who currently have leave to remain as a Tier 1 (General) migrant will not be affected by the change when they apply for further leave to remain. '


This response clearly speaks that anyone currently on HSMP is going to apply for extension

Hi Umang: You have put it PERFECTLY. I request all the friends in the board to read this carefully and understand. No need to worry.

mm

[realitycheck]

Well in my (non legal) opinion there is enough ambiguity in the bill and the current Visa structure for the HO to mount an argument that the new rules WILL apply to HSMP holders.

Aside from the fact that the HSMP and Tier 1 have different names, in many places the Uk Visas website refers to the HSMP to Tier 1 "extension" as a "switch". And the fact that the Tier 1 was officially said to have "replaced" the HSMP is immaterial to the argument that they are two different visas!

As for the HO "doing the right thing" and giving HSMP holders the benefit of the doubt - think about it - the aim of this bill is to cut down on immigration right? Why would they not take a position that supports this goal? The HO assessors don't give a lick about the life you've built here, they must assess your application according to the guidelines they are given from above.

And as for the politicians they have an election next year, and the "British Jobs for British Workers" slogan seems to be going down well at the moment. If this ever goes to court I will bet my right arm that the HO will be on the side that reduces immigrant numbers.

Now I know I am going to be shouted down as fear monger but I'm just calling it as I see it. I'm as hopeful as the rest of you that this is clarified in our favor, but until I see an official statement on the HO website, or a change in the bill, I'm going to assume that the HO is out to scr.w all of us on the HSMP in return for a few cheap votes from the BNP.

Until that time, I will begin preparing my application for an early upgrade to a Tier 1.

[Kaff]

Exactly! Both ConfusedHSMP and Nionlight should be banned from this forum! they are spreading panic all over.
I agreed with Gotcha, HSMPs will be extending their stay, so they will not be effected!
Use your common sense, and if you are still unsure hire a lawyer and discuss with him and then post your findings.

Only if you knew a little bit of english, it shouldnt have been a problem for you to understand that specific sentence. Kaff.

Its pretty harsh to call for ban on members. Shows your mentality and establishes your credibilty. + of lawyers you are already using.

I bet you are not worse than Home Office.

We are only here to give opinions. same as what you are doing.

I am myself optimistic due to emails from HO aswell.

We are clearly not on any Blinking Tier 1 visa. got it? no matter wether we extend INTO Tier 1 or not.

But i expect more clarification from the Home Office in some days.

My personal opinion is that the new rules may well not apply to HSMP holders as its not just us but also the Self-Employed Lawyers Concession; the Writers, Composers and Artists provisions of the Immigration Rules

Kaff. Dont be kiddish next time (or more crying). Lets stop this and carry on with proper discussion on this forum.

I was expecting this kind of answer from you! total reflection of your mentality and childish reaction! If you think proper discussion is to spread panic among others then you need to focus on building your self confidence this is what you are lacking!
I am sure this will help you in long term! Always think before your speak!
Wish you good luck with your panic!

[h_s_m_p]

Sorry if you find this silly.

I got TIER 1 general valid from sept 2008 and i don't have bachelor degree. Will the new rules applicable to me during my extension in 2011..i am certain the answer is "NO".

Can anyone confirm this for me. Got confused with so many technical words.

[nionlight]

Exactly! Both ConfusedHSMP and Nionlight should be banned from this forum! they are spreading panic all over.
I agreed with Gotcha, HSMPs will be extending their stay, so they will not be effected!
Use your common sense, and if you are still unsure hire a lawyer and discuss with him and then post your findings.

Only if you knew a little bit of english, it shouldnt have been a problem for you to understand that specific sentence. Kaff.

Its pretty harsh to call for ban on members. Shows your mentality and establishes your credibilty. + of lawyers you are already using.

I bet you are not worse than Home Office.

We are only here to give opinions. same as what you are doing.

I am myself optimistic due to emails from HO aswell.

We are clearly not on any Blinking Tier 1 visa. got it? no matter wether we extend INTO Tier 1 or not.

But i expect more clarification from the Home Office in some days.

My personal opinion is that the new rules may well not apply to HSMP holders as its not just us but also the Self-Employed Lawyers Concession; the Writers, Composers and Artists provisions of the Immigration Rules

Kaff. Dont be kiddish next time (or more crying). Lets stop this and carry on with proper discussion on this forum.

I was expecting this kind of answer from you! total reflection of your mentality and childish reaction! If you think proper discussion is to spread panic among others then you need to focus on building your self confidence this is what you are lacking!
I am sure this will help you in long term! Always think before your speak!
Wish you good luck with your panic!

well as an old member i respect your view but i believ you are mixing up written LAW and verbal speculation. HSMP is replaced by Tier 1. what does this mean? does it mean we have Tier 1 visa? in our passport we hold HSMP visa not tier 1 visa. doesnt matter we extand our visa in Tier 1 visa. extanding to another category doesnt necessarily mean we are in that VISA. this a common sence. the new annoucement clearly talks about Tier 1. and says nothing about HSMP. ask any immigration laweyr they will explain. they will tell, in their opinion HSMP holder should not be ffected but the Law says something else. so unless HO announces any transitional arrangement for HSMP visa holder or even makes it clear for HSMP visa holder then we are not exempted. this is clear as suuny sky. if you are not sure consult any immigration lawyer. and email from HO holds no value at all. doesnt matter what they say in email or phone. and by the way, we are not here to make panic. no one is paying us for this where as we ourselves are effected. we are just awarabing people to make their applicatin ready. so that when home office clelary annoucerules then if necessary every one can apply for early extension!

[hsmpOct2007]

Sorry if you find this silly.

I got TIER 1 general valid from sept 2008 and i don't have bachelor degree. Will the new rules applicable to me during my extension in 2011..i am certain the answer is "NO".

Can anyone confirm this for me. Got confused with so many technical words.

silly answer No :-p.

you are quite safe h_s_m_p, not to worry

[jimmymcad]

Hi again,

I have called the HOME Office,

They are confirming again that existing HSMP users will not get effected by it. But, she refused to send any details in writing as they do not have the facility. They further told me that the public enquiry email box is full, so it won't be working for 2 week. How can we confirm them in writing now?

I asked her that i am still doubtful because the Statement of Release only speaks about Tier1. She is saying that "This statement clearly shows that it is only for Tier1 new users. not for existing HSMP applicants". I have a feeling that this is only for new users. Let us hope for the best.

[nokia33]

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.

from what date in April these rules are going to come into effect ?

[static_restart]

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.

from what date in April these rules are going to come into effect ?

They Take effect from 1st april HOWEVER drjabberwocky23 and ssuresh83 are incorrect. It does not matter if u APPLY before this date .. if your application is not approved before the 1st of april you will be judged under the new rules. This is clearly stated at the start of the ammendments document.


"The other changes shall take effect on 31 March 2009. However, if an applicant has made an application for leave
before 31 March 2009 under any of the paragraphs of the Rules deleted by paragraph 27, and the application has
not been decided before that date, it will be decided in accordance with the Rules in force on 30 March 2009"

sorry to be the bearer of bad news

[maximux79]

Hi Static_restart,

The rules on 30 March is old rules (ie Bachelors degree have points)...

So, if you apply before 30-Mar and still pending on application, they will be assesed on old rules....

Cheers

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.

from what date in April these rules are going to come into effect ?

They Take effect from 1st april HOWEVER drjabberwocky23 and ssuresh83 are incorrect. It does not matter if u APPLY before this date .. if your application is not approved before the 1st of april you will be judged under the new rules. This is clearly stated at the start of the ammendments document.


"The other changes shall take effect on 31 March 2009. However, if an applicant has made an application for leave
before 31 March 2009 under any of the paragraphs of the Rules deleted by paragraph 27, and the application has
not been decided before that date, it will be decided in accordance with the Rules in force on 30 March 2009"

sorry to be the bearer of bad news

[static_restart]

ahh true true... misread heh

[static_restart]

"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."

Can any of you venture a guess on wether this statement of "no affect" applies to ALL Tier 1 visa categories?. As it just says Tier 1.

So if i was with a Tier 1 Post study visa and wanted to extend my leave by switching to Tier 1 General. What rules apply for me?

[Tier1G]

"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."

Can any of you venture a guess on wether this statement of "no affect" applies to ALL Tier 1 visa categories?. As it just says Tier 1.

So if i was with a Tier 1 Post study visa and wanted to extend my leave by switching to Tier 1 General. What rules apply for me?

I have the same question too. It makes me confuse.

[nokia33]

Hi Static_restart,

The rules on 30 March is old rules (ie Bachelors degree have points)...

So, if you apply before 30-Mar and still pending on application, they will be assesed on old rules....

Cheers

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

from what date in April these rules are going to come into effect ?

They Take effect from 1st april HOWEVER drjabberwocky23 and ssuresh83 are incorrect. It does not matter if u APPLY before this date .. if your application is not approved before the 1st of april you will be judged under the new rules. This is clearly stated at the start of the ammendments document.


"The other changes shall take effect on 31 March 2009. However, if an applicant has made an application for leave
before 31 March 2009 under any of the paragraphs of the Rules deleted by paragraph 27, and the application has
not been decided before that date, it will be decided in accordance with the Rules in force on 30 March 2009"

sorry to be the bearer of bad news

It says

The changes in paragraphs 7 to 9 shall take effect on 6 April 2009.

I suppose the changes to tier1 one and requirement of masters degree are in para 7 , so tier1 applicants have time till 6th april ?

[static_restart]

"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."

Can any of you venture a guess on wether this statement of "no affect" applies to ALL Tier 1 visa categories?. As it just says Tier 1.

So if i was with a Tier 1 Post study visa and wanted to extend my leave by switching to Tier 1 General. What rules apply for me?

I have the same question too. It makes me confuse.

I even called the Contact person stated on that document a "Barry White" and even he didnt know. Said he would find out and get back to me. =/ still waiting

[Tier1G]

"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."

Can any of you venture a guess on wether this statement of "no affect" applies to ALL Tier 1 visa categories?. As it just says Tier 1.

So if i was with a Tier 1 Post study visa and wanted to extend my leave by switching to Tier 1 General. What rules apply for me?

I have the same question too. It makes me confuse.

I even called the Contact person stated on that document a "Barry White" and even he didnt know. Said he would find out and get back to me. =/ still waiting

Sometimes different contact person will give you different answers. Hope u can get good news.