Tier 1 switching out of country

[cuberoot]

Hi

I think I have a unique and complicated Tier 1 extension problem, brought about by the rule changes for HSMP/Tier 1. Any help or guidance will be greatly appreciated.

Circumstances:
I applied for HSMP in July 2006. I got the HSMP approval letter 10/08/2006.
HSMP Entry Clearance was granted 05/12/2006 for 2 years.

My leave to remain will expire 05/12/2008 so I would like to extend my HSMP, but I am assuming this is now called "switching" to Tier 1. The problem I have is that I do not score 75 points under Tier 1. I believe I have 2 options.

Option 1:
I am employed full-time (over 12 months) so it looks like I can apply under Tier 2 under the transitional arrangements. Is this true? When will these transitional arrangements expire?

Option 2:
I have been following the HSMP rule changes since I came to the UK, when I realised I would no longer meet the point requirements, I enrolled at the Open University to improve my qualification and get more points. I have been successful at the course and I am confident I will graduate at the end of the year, but I do not think it will be before 05/12/2008 since my final exams are in October. So I wont have the degree or academic references in time for the application.

Can I go back to my home country, wait for my qualification to be approved and then apply for Tier 1 Switch out of country even if my HSMP leave has expired?

Is there anybody in a similar situation? What would you suggest I do? Are there any other options or any other details I am missing?

Kind regards
cuberoot

[geriatrix]

Since your HSMP was approved before the Dec-06 changes came into effect (requiring existing HSMP visa holders in UK to meet the 75 point requirement at time of extension), you are amongst those who will benefit from the reccent HSMP Judicial Review judgment.

In short, the JR judgment says that all HSMP applicants admitted to HSMP scheme under the old rules (pre-Dec '06) must be granted extension on basis of the old rules. That means you *do not* have to fulfil the 75 point requirement any more.

UKBA is expected to publish new guidelines / forms for people affected by the JR, so keep an eye on the UKBA website next week.


regards

[cuberoot]

Thank you very much sushdmehta. I appreciate your input. That is fantastic news. I hope the new guidelines are published soon, because this is causing me a great deal of stress.

I was under the impression that because my HSMP EC date was after the Dec 06 Changes, I would not benefit from the JR.

My HSMP approval letter is dated 10/08/2006, but my actual 2nd stage HSMP (I think its EC) was only granted 05/12/2006.

Are you certain the JR will benefit me?

[geriatrix]

"It is ordered and declared that this claim be allowed and that the defendant has acted unlawfully in applying H.C. 1702 Rule 135D to persons already admitted to the Highly Skilled Migrants Scheme as at the 7th day of November 2006."

Since you were admitted to HSMP scheme in Aug-06, I believe you are amongst those affected by this JR. EC issuance in Dec-06 is not the determining factor here ... it's the approval.

Should be crystal clear when UKBA publishes new guidance .. this week.

regards

[cuberoot]

Looks 100% correct sushdmehta. Thank you! Looking at the HSMP JR Policy doc from BIA, I have an approval letter dated 10/08/2006 and I was granted entry clearance based on that letter. So I am covered by the JR.

I will start preparing my application as soon as the Application forms are ready! I am so happy!