Immigration Cap

[MJNair]

I think (& hope) that the extension applications the MAC are talking about is for those T1s based on the rules in place from July 16th. Those of us extending based on the rules before July 16th may be OK.

For the April 2010 changes, MAC had suggested that they put in place some sort of transitional arrangements for people already in the UK under the old rules & left the retrospective implementation to the govt. The then govt was kind enough not to apply the changes retrospectively.

I hope this will be the case here as well. Is this not what the HSMP forum fought against? There are quite a number of Conservative & Lib Dem supporters in the HSMP forum. Can we write to them?

Can we not put a petition together & send it to the govt?

We moved to the UK based on a certain expectation. Yes, the govt is allowed to change their rules on immigration. However, I think there is some sort of human rights violation if the immigrant HSMP/T1 or T2 visa suddenly ceases to be one (like having to compete within a quota when there was none before). Is this not how the HSMP forum won their case?

I think that making the already existing visa holder go through a mental turmoil every 6 months or so is a human rights violation in itself.

Yes, it is true that we have all signed up the declaration form while applying for our T1 & T2 visa that we will have to follow the rules in place at that time - like the maintenance requirements.

But, I think that this does not include the changing of the nature of our visas.

Yes, life can be difficult sometimes. We all have to go through a lot of unfortunate circumstances - people lose their family, people lose their jobs. But a manufactured one like this would be totally unfair.

[*FC*]

Atleast for a reason we know that the extension applications under Tier 1 are excluded till September which is the end of consultation period. And I believe, that even if the extension applications are capped, it will be from April 2011, which at the moment doesn't look quite likely since retrospective changes have always been retracted.

[renzokuken]

I think (& hope) that the extension applications the MAC are talking about is for those T1s based on the rules in place from July 16th. Those of us extending based on the rules before July 16th may be OK.

For the April 2010 changes, MAC had suggested that they put in place some sort of transitional arrangements for people already in the UK under the old rules & left the retrospective implementation to the govt. The then govt was kind enough not to apply the changes retrospectively.

I hope this will be the case here as well. Is this not what the HSMP forum fought against? There are quite a number of Conservative & Lib Dem supporters in the HSMP forum. Can we write to them?

Can we not put a petition together & send it to the govt?

We moved to the UK based on a certain expectation. Yes, the govt is allowed to change their rules on immigration. However, I think there is some sort of human rights violation if the immigrant HSMP/T1 or T2 visa suddenly ceases to be one (like having to compete within a quota when there was none before). Is this not how the HSMP forum won their case?

I think that making the already existing visa holder go through a mental turmoil every 6 months or so is a human rights violation in itself.

Yes, it is true that we have all signed up the declaration form while applying for our T1 & T2 visa that we will have to follow the rules in place at that time - like the maintenance requirements.

But, I think that this does not include the changing of the nature of our visas.

Yes, life can be difficult sometimes. We all have to go through a lot of unfortunate circumstances - people lose their family, people lose their jobs. But a manufactured one like this would be totally unfair.

+1 very well said

[lesbere]

I really cannot see how this is going to work- capping extension or increasing threshold for past income. Expect a lot of court cases.

[Faye_hen]

Hi

If an initial Tier 1 is granted lets say after the 19th July 2010 but before April 2011, will the extension which can be made 2 years later be exempt from any cap?

My understanding is that there is currently no quotas on extensions during the interim limit. So am i correct in assuming that as long as your visa was granted before April 2011 (Where quotas on extensions might be implemented), you will be exempt from any cap?

[bagula_bhagat]

Thats a very good question Faye.

Experts response and advice required.

[Markie]

most likely yes...exempted from the cap

Hi

If an initial Tier 1 is granted lets say after the 19th July 2010 but before April 2011, will the extension which can be made 2 years later be exempt from any cap?

My understanding is that there is currently no quotas on extensions during the interim limit. So am i correct in assuming that as long as your visa was granted before April 2011 (Where quotas on extensions might be implemented), you will be exempt from any cap?

[lesbere]

Hi

If an initial Tier 1 is granted lets say after the 19th July 2010 but before April 2011, will the extension which can be made 2 years later be exempt from any cap?

My understanding is that there is currently no quotas on extensions during the interim limit. So am i correct in assuming that as long as your visa was granted before April 2011 (Where quotas on extensions might be implemented), you will be exempt from any cap?

Now thats a thought!, I suppose the new rules will apply from the date they were enacted. That means what your condtions were when u applied that is what will be used for you when you renew.

[Pranvayu]

My understanding of the cap is that it deals with new applications and entrants. The point of the cap is that the goverenment wants to limit the number of "new entrants" to the country. It's not talking about thousands of people already working and contributing to the country. All those who are presently in the UK need not worry as this is mainly for new applications.

[ukswus]

My understanding of the cap is that it deals with new applications and entrants. The point of the cap is that the goverenment wants to limit the number of "new entrants" to the country. It's not talking about thousands of people already working and contributing to the country. All those who are presently in the UK need not worry as this is mainly for new applications.

That's what you think. MAC consultation paper clearly says that extension applicants will be capped:

1.5 Only Tiers 1 and 2 of the PBS are in scope for this work. Our
recommended limit for Tier 1 will apply to the current Tier 1 general route
only, including dependants. It will apply to inflows into and from within Tier 1
from both within and outside the UK. It will therefore include in-country
migrants switching into, and extending under, Tier 1.

[geriatrix]

Immigration limit for Tier 1 (General) of the points-based system (extensions are excluded; PSW also excluded).
Immigration limit for Tier 2 (General) of the points-based system (ICT excluded).

regards

[ukswus]

Immigration limit for Tier 1 (General) of the points-based system (extensions are excluded; PSW also excluded).
Immigration limit for Tier 2 (General) of the points-based system (ICT excluded).

regards

Excluded. Until April 2011.

[*FC*]

Immigration limit for Tier 1 (General) of the points-based system (extensions are excluded; PSW also excluded).
Immigration limit for Tier 2 (General) of the points-based system (ICT excluded).

regards

Was wondering if they are only excluded for Interim cap.

[dev106]

To sushdmehta or anyone , I'm totally confused.Please, can you explain these two statements clearly.it would be a Great help to many people.

Here they are,

First Statement:
"" You will be excluded from the limit if you are already in the UK under Tier 1 (General) and you apply for an extension, or if you are already in the UK under another immigration category and you switch into Tier 1 (General). ( does this include people switching from PSW to Tier-1 general-in country) ""

Second Statement:
"" If you are in the UK in any other category, for example Tier 1 (Post-study work), then you will need to score 100 points when you apply to switch into Tier 1 (General) ""- in this second statement, they mentioned that even the in-country people (switching from PSW to Tier-1 general) must score 100 points!! what does this mean????

My question: people who are on PSW and willing to switch into tier-1 general within Uk , DO THEY NEED TO SCORE 100 POINTS OR JUST 95 POINTS????????

[email257525]

I found this one on the same thread page 6.....

What do you guys think about this one?
I think it asnwers the question for people who are on PSW and want to switch to Tier 1 G in country.





iha8racsim wrote:
iha8racsim wrote:
Can any one please explain to me what is this confusion...as i believe Government have double standards...i may be wrong...

""You will be excluded from the limit if you are already in the UK under Tier 1 (General) and you apply for an extension, or if you are already in the UK under another immigration category and you switch into Tier 1 (General).

You will not have to meet the increased points mark if you are already in the UK in one of the following categories:

Tier 1 (General)
Highly Skilled Migrant Programme
Writer, composer or artist
Self-employed lawyer

If you are in the UK in any other immigration category and you apply to switch into Tier 1 (General), or if you are applying from outside the UK, you will need to score 100 points.

Source of Info: http://www.ukba.homeoffice.gov.uk/sitec ... for-t1-pbs


On one side government is saying that switching from any other category in-country applications are excluded on other hand included...??? Confusing...


they do not have double standards. You will be excluded from the "limit" and "increased point" if you're extending Tier 1 (G).
If you are switching to Tier 1 (G) from any other category then you'll only be excluded from the "limit" but still need to claim 100 points.

In other words, there is no change for people already on Tier 1 and willing to extend. But if you're switching from another category then you have to claim 100 points.

Applicants from outside UK will have to make sure they satisfy both new criteria.
Hope this helps.
_________________
Regards

[ukswus]

To sushdmehta or anyone , I'm totally confused.Please, can you explain these two statements clearly.it would be a Great help to many people.

Here they are,

First Statement:
"" You will be excluded from the limit if you are already in the UK under Tier 1 (General) and you apply for an extension, or if you are already in the UK under another immigration category and you switch into Tier 1 (General). ( does this include people switching from PSW to Tier-1 general-in country) ""

Second Statement:
"" If you are in the UK in any other category, for example Tier 1 (Post-study work), then you will need to score 100 points when you apply to switch into Tier 1 (General) ""- in this second statement, they mentioned that even the in-country people (switching from PSW to Tier-1 general) must score 100 points!! what does this mean????

My question: people who are on PSW and willing to switch into tier-1 general within Uk , DO THEY NEED TO SCORE 100 POINTS OR JUST 95 POINTS????????

In-country PSW will be excluded from the limit, but they will still have to score 100 pts.

[s_saini]

On 28 June we announced that the pass mark for Tier 1 (General) will be increased from 95 points to 100 points from 19 July. We have received a number of enquires about who will be affected by this change.
If you are in the UK in one of the following categories and are applying to extend your stay in Tier 1 (General), you will need to score 95 points:
Tier 1 (General)
Highly Skilled Migrant Programme
Writers, Composers and Artists
Self-Employed Lawyers
If you are in the UK in any other category, for example Tier 1 (Post-study work), then you will need to score 100 points when you apply to switch into Tier 1 (General).
If you are applying from outside the UK, you will need to score 100 points.

link to verify
http://www.bia.homeoffice.gov.uk/siteco ... nges-to-t1

[dev106]

does anyone know what this extra 5-points could be???

[s_saini]

Please see the link for change in immigration rules.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Clearly says that these rule will not effect any existing Tier(G) visa holders.

[*FC*]

Please see the link for change in immigration rules.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Clearly says that these rule will not effect any existing Tier(G) visa holders.

I think there is no confusion about having a Cap on extensions for now. The worry is about a cap on Extension applications from April 2011.

[s_saini]

Hi *FC*

I Agree with you, its uncertain what will happen in April 2011.

Regards

[lesbere]

Please see the link for change in immigration rules.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Clearly says that these rule will not effect any existing Tier(G) visa holders.

I think there is no confusion about having a Cap on extensions for now. The worry is about a cap on Extension applications from April 2011.

I think this is still going to be the rule, if you apply before 2011, the cap will not affect extension. Its only fair they do that way cos they won't be able to afford the legal implications

[sojan]

Please see the link for change in immigration rules.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Clearly says that these rule will not effect any existing Tier(G) visa holders.

I think there is no confusion about having a Cap on extensions for now. The worry is about a cap on Extension applications from April 2011.

I think this is still going to be the rule, if you apply before 2011, the cap will not affect extension. Its only fair they do that way cos they won't be able to afford the legal implications

that's good news.
One more query chaps.. I'm in Tier1 & If I'm planning to apply for my spouse visa after August 2010, will there be a cap for dependents?

[Immigrant06]

Hi experts,

I got HSMP in Nov 2006 and got 3 years extension up to Dec 2011. Now I have to get an extension as I came to UK after more than 28 days.

Will I be excluded from the limit?

BEst regards

[MJNair]

Found this here.. http://www.publications.parliament.uk/p ... 73/173.pdf

This is a publication by the Parliamentary Joint Committee on Human Rights on the HSMP judicial review.

Most of the comments in this document relates to the Human Rights violation based on 'I intend to make UK my main home'. However, when you get a chance, please read through section 4 on page 11.

56. We recommend that the Government accept that where a change to the Immigration Rules engages a Convention right (as here), it does not have an unfettered power to make changes to the Rules, and that where a change would lead to an interference with a right such as the right to respect for home and family life, the requirement that any such interference be in accordance with the law requires that such changes should be prospective only. We also recommend that changes to the Immigration Rules should always be accompanied by a statement as to the compatibility of the changes with the ECHR.