Help! Tier 1 (HSMP) or extension of IGS

[flat504]

i am working in the UK on IGS since the last 8 months and have earned enough to get the HSMP. I was planning to apply for HSMP this month but I was not aware of the maintenance funds requirement. I never had a minimum balance of 800 in any month - and in fact my account generally gets very close to zero by the end of every month.

my leave to remain expires on October 19th, so if I start having a balance of £800 from now onwards, I will be able to apply in the first week of october for Tier 1 highly skilled worker permit, but since it generally takes time for the hsmp visa, I would probably not receive the hsmp before october 19th.

the other thing I can do is extend my IGS (under the new rules) until October 19th 2009, (but that would mean I will have to spend another £400), and sometime in the beginning of next year apply for the tier 1 highly skilled permit.

I would be glad if anyone can guide me on which is a better option. Is it wise to save £400 pounds and apply for hsmp in october, or would that be cutting too fine? Spending 400 pounds is not such a big deal but I don't want to waste money unnecessarily if there is a way I can apply for tier 1 and get it directly ( i have all other documents ready). Will staying on after october 19th count as overstaying if I am waiting to hear back the decision on my general tier 1 permit?

please advise.

[geriatrix]

If I am not mistaken, IGS doesn't exist anymore (from today). See "schemes that closed on 29 June 2008" on this webpage. IGS is now replaced with Tier 1 (Post-study work) scheme, details of which can be found here. You'll need to ascertain (afresh) whether you fulfil the eligibility criteria for this Tier 1 (Post-study work) scheme.

If you are pretty much certain that you fulfil the criteria of Tier 1 (General) scheme (i.e.- you can provide adequate documentary evidence to fulfill all requirements), you should have no reason to believe that your application will be refused. You have enough time on your hands, so utilize the time to study the guidelines of both the schemes and understand what is required of you and what documentary evidences you will be required to submit with either of the application. As long as you submit your Tier 1 (General) or Tier 1 (Post-study work) application before your current leave expires, you will have the legal right to remain in UK until a decision is made on your application (even it is later than 19-Oct).

The only thing to bear in mind here is that if you apply for either of the scheme and a decision, which is negative, is made on your application after 19-Oct., then you'll have no right to remain in UK beyond a grace period (usually 28 days). Unless you appeal the decision, you'll be required to return to your home country within the stipulated time and you will not be able to make any leave to remain application from within UK.

Hope this helps.

regards