Post April 6 2011 Can PSW Switch to Tier 1 General

[MusingTots]

Hello All,

Am looking at the UKBA website and looking at the new rules in place since April 6 2011 and it is confusing, my question is:

CAN A PERSON ON TIER 1 PSW SWITCH TO TIER 1 GENERAL


1.) http://www.ukba.homeoffice.gov.uk/worki ... l/#header1
Who can apply as a highly skilled worker?
Unlike sponsored skilled workers (who are covered by Tier 2 of the points-based system), you do not need a job offer if you are applying as a highly skilled worker. When you apply, you are awarded points based on your qualifications, previous earnings, UK experience, age, English language skills and funds.
You can apply to extend your stay in the UK under Tier 1 (General) if you are already here:
with permission to stay (known as 'leave to remain') in an immigration category that allows you to switch into Tier 1 (General);

under Tier 1 (General); or
under the Highly Skilled Migrant Programme (HSMP) and you are eligible to switch into Tier 1 (General).

How many points do you need?
Your total points score must be at least 95 points if you currently have permission to stay in the UK as:
a Tier 1 (General) migrant under the Immigration Rules in place before 19 July 2010;
a highly skilled migrant;
a writer, composer or artist; or
a self-employed lawyer.
If you are not in one of the categories above, your total points score must be at least 100 points


2.) http://www.ukba.homeoffice.gov.uk/worki ... poststudy/
What is Tier 1 (Post-study work)?
The Tier 1 (Post-study work) category allows the UK to retain the most able international graduates who have studied here. It also enhances the UK's overall offer to international students.
During their permission to stay here, post-study workers can look for work without needing to have a sponsor.
The category provides a bridge to highly skilled or skilled work.
If we give you permission to stay as a post-study worker, we expect that you will switch into another tier of the points-based system as soon as you can.


3.) http://www.ukba.homeoffice.gov.uk/worki ... s/#header2

What happens when your permission to stay ends?
If you are given permission to stay as a post-study worker from inside the United Kingdom, you will be able to live and work in the United Kingdom for a maximum period of two years, combined with your previous leave. When the end of this period approaches you will not be able to apply to extend your stay, as we expect you to switch into another category of the points-based system.

[geriatrix]

CAN A PERSON ON TIER 1 PSW SWITCH TO TIER 1 GENERAL

No.

[MusingTots]

Hi Sushdmehta
"How? Could you share more light with some PROOF"

[geriatrix]

Make an effort to search the forum and you'll find all the "proof" you need.

[Celtic]

Tier 1 General is closed to all applicants now. All those with existing tier 1 general leave can extend thier stay. So no one from tier 2 or tier 1 psw can switch now.

[MusingTots]

sushdmehta, I have checked the forum and while I did see some information, a check on the home office website shows it is still possible and on the Points calculator you have to score 100 points.

Celtic, there is no where that says that on the Home Office website, they said it would stop but you check it is still on!

[PaperPusher]

sushdmehta, I have checked the forum and while I did see some information, a check on the home office website shows it is still possible and on the Points calculator you have to score 100 points.

Celtic, there is no where that says that on the Home Office website, they said it would stop but you check it is still on!

You should read this statement of changes to the Immigration Rules:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Of importance to your question is paragraph 8 which continues on to page 10. These rules came in to force on 6th April 2011. You will note that there is no longer provision for entry clearance, and that you can get leave to remain on Tier 1 General if you have leave in certain categories, of which Tier 1 PSW is not one.

You also missed a link out in your initial post:

http://www.ukba.homeoffice.gov.uk/worki ... igibility/

I think perhaps wishful thinking made you not copy and paste this part:

For your application to be successful, you must score enough points and meet all the other requirements of the Immigration Rules.

Tier 1 General is totally closed to Tier 1 PSW holders.

You could switch to another PBS category if you meet the requirements.

Let us know if you need more prrof.

[MusingTots]

Hi Paper Pusher, thanks for the quite elaborate post, however you just showed the confusion I am talking about the more:

From the links you provides:

http://www.ukba.homeoffice.gov.uk/worki ... igibility/
a) Your total points score must be at least 95 points if you currently have permission to stay in the UK as:
1.) Tier 1 (General) migrant under the Immigration Rules in place before 19 July 2010;
2.) highly skilled migrant;
3.) a writer, composer or artist; or
4.) a self-employed lawyer.

b) If you are not in one of the categories above, your total points score must be at least 100 points (unless you are covered by the HSMP Forum judicial review judgment - see below).

Wishful thinking made me see the clear distinction between a set of applicants need to score 95 and another that need to score 100.

So whats you take on this?

Also on the other link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This is the major source of concern, it introduced the Tier 1 General from highly talented individuals, emphasized on those that want to get indefinite leave to remain but rarely addressed the issue of "with permission to stay (known as 'leave to remain') in an immigration category that allows you to switch into Tier 1 (General).

On page 10, the confusion is spelt out again

(b) if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist,
self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and
has not been granted leave in any categories other than these under the rules in place since 19 July 2010,
the applicant must have 75 points under paragraphs 7 to 34 of appendix a.

(c) in all cases other than those referred to in (b) above, the applicant must have 80 points under paragraphs
7 to 34 of appendix a.

still indicating a set of people gets 75 points (hence a total of 95) and others get 80 points, (hence a total of 100).

Is the issues not:

Apply for Tier 1 General if you meet the requirements?

[PaperPusher]

You must score enough points AND meet the rest of the requirements of the immigration rules.

Regarding page 10 of this link:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The different points scoring requirements reflect a change in the rules that increased the points required to initially qualify for Tier 1 General. Paragraph 245CA must be read as whole, and if you do that it should be clear that a person on PSW does not qualify for leave to remain according to 245CA(f).

Please also note that if you use the points calculator on the website there is a disclaimer that says, and I paraphrase, you must meet the requirements of the Immigration Rules.

For the avoidance of doubt, Tier 1 General is closed to those who have or who were last granted Tier 1 PSW.

Hi Paper Pusher, thanks for the quite elaborate post, however you just showed the confusion I am talking about the more:

From the links you provides:

http://www.ukba.homeoffice.gov.uk/worki ... igibility/
a) Your total points score must be at least 95 points if you currently have permission to stay in the UK as:
1.) Tier 1 (General) migrant under the Immigration Rules in place before 19 July 2010;
2.) highly skilled migrant;
3.) a writer, composer or artist; or
4.) a self-employed lawyer.

b) If you are not in one of the categories above, your total points score must be at least 100 points (unless you are covered by the HSMP Forum judicial review judgment - see below).

Wishful thinking made me see the clear distinction between a set of applicants need to score 95 and another that need to score 100.

So whats you take on this?

Also on the other link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This is the major source of concern, it introduced the Tier 1 General from highly talented individuals, emphasized on those that want to get indefinite leave to remain but rarely addressed the issue of "with permission to stay (known as 'leave to remain') in an immigration category that allows you to switch into Tier 1 (General).

On page 10, the confusion is spelt out again

(b) if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist,
self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and
has not been granted leave in any categories other than these under the rules in place since 19 July 2010,
the applicant must have 75 points under paragraphs 7 to 34 of appendix a.

(c) in all cases other than those referred to in (b) above, the applicant must have 80 points under paragraphs
7 to 34 of appendix a.

still indicating a set of people gets 75 points (hence a total of 95) and others get 80 points, (hence a total of 100).

Is the issues not:

Apply for Tier 1 General if you meet the requirements?

[MusingTots]

Paperpusher, I see you arguments and agree that is the view held by all.

However, isn't it amusing that the same list of category of applicants listed in Paragraph 245CA(b) is the same listed again in 245CA(f) see below

(b) if the applicant has, or has had, leave as a Highly skilled Migrant, as a Writer, Composer or artist,
self-employed lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and
has not been granted leave in any categories other than these under the rules in place since 19 July 2010,
the applicant must have 75 points under paragraphs 7 to 34 of appendix a.


(f) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly skilled Migrant,
(iii) as a Writer, Composer or artist, or
(iv) as a self-employed lawyer


What about Paragraph 245CA (c)
(c) in all cases other than those referred to in (b) above, the applicant must have 80 points under paragraphs
7 to 34 of appendix a.

I believe the main argument is a PSW ability to score the needed 80 (hence a total of 100) points. People on PSW, Tier 5, Tier 2 who wants to move into Tier 1 General are catered for in 245CA (c).

And like you said

"You must score enough points AND meet the rest of the requirements of the immigration rules"

[PaperPusher]

Do me a favour and cut and paste the whole of paragraph 245CA, read the bit where it says that you must meet the requirements listed below, read the whole of paragraph 245CA again, have a break for 10 minutes and then read it again, then please tell us how you will meet the requirements listed in 245CA f).

If what you trying to say makes any sort of sense at all (and it really does not) somone could be a convicted mass murderer and get Tier 1 General if they scored enough points, when clearly that sort of person would fall foul of 245CA a).

[MusingTots]

Paperpusher, I admire your sense of humour and very well understand what you are saying. The reasons I asked for proof and keep on going on is to clarify for myself areas I find grey and not to mislead or be mislead by anybody.

I have done what you said and I have just one question to ask you at this point.

How does the following fit into all you are saying

1.)(c) in all cases other than those referred to in (b) above, the applicant must have 80 points under paragraphs 7 to 34 of appendix a.
(who fits into this can you give examples)

2.) http://www.ukba.homeoffice.gov.uk/workinginthe ... poststudy/
".... During their permission to stay here, post-study workers can look for work without needing to have a sponsor. The category provides a bridge to highly skilled or skilled work. If we give you permission to stay as a post-study worker, we expect that you will switch into another tier of the points-based system as soon as you can...."


Your last point is laughable as you can see
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(if the mass murderer is not an illegal entrant and has not fallen under the grounds of refusal, definetly if he meets the points he would be granted Tier 1 General).

A final question for you, If i entered the UK as a temporal worker (Tier 5) and I want to get Tier 1 General, after meeting all the points laid out, what happens (as I dont fall under the 245AC (b) or (f) category).

[PaperPusher]

I think you must be taking the p***. You keep on asking the same question again and again. The answers you seek are in paragraph 245CA.

The general grounds for refusal can be found here:

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

The bit about previous convictions is 320(18 ), and a conviction for murder results in a life sentence which never becomes spent. There really are not going to be compassionate reasons to allow a convicted mass murder to live in the UK as an economic migrant. The person would probably be personally excluded by the Secretary of State on the grounds of the public good too.

If you want to apply, go ahead.

I suggest you find a decent solicitor who specialises in Immigration law who will give you a free initial consultation before you waste your money.

[Celtic]

Hi op, would you care to share your IQ with us?

Switching is permitted by applicants who have, or were last granted, leave
as :

• a Highly Skilled Migrant;
• a Self-Employed Lawyer;
• a Writer, Composer or Artist;

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Thats on page 7.

[salars]

If you look at the link

http://www.ukba.homeoffice.gov.uk/worki ... 1/general/

it says that it is closed from applicants from abroad. It does NOT say now that its closed to in country applications too.

Is it that the website has not been updated?

cheers
s

[PaperPusher]

You did not copy and paste this bit:

Who can apply as a highly skilled worker?
Unlike sponsored skilled workers (who are covered by Tier 2 of the points-based system), you do not need a job offer if you are applying as a highly skilled worker. When you apply, you are awarded points based on your qualifications, previous earnings, UK experience, age, English language skills and funds.
You can apply to extend your stay in the UK under Tier 1 (General) if you are already here:
with permission to stay (known as 'leave to remain') in an immigration category that allows you to switch into Tier 1 (General);
under Tier 1 (General); or
under the Highly Skilled Migrant Programme (HSMP) and you are eligible to switch into Tier 1 (General).

[Aryan2013]

Guys, Are you seriously "Highly Skilled" ???

[[iD]]

If you look at the link

http://www.ukba.homeoffice.gov.uk/worki ... 1/general/

it says that it is closed from applicants from abroad. It does NOT say now that its closed to in country applications too.

Is it that the website has not been updated?

cheers
s

You need to click "Read More" on that page

[MPI]

I read the arguments here , and am not for or against any of them. But one thing is for sure , quite occasionally UKBA’s statements are ambiguous and can cause confusion for even most sensible minds.

I don’t see the reason to insult or use overly sarcastic remarks to humiliate someone who is just seeking clarification. Most importantly at these times where PSW holders are in enough distress already.

I think people like PaperPusher here must realise manners in the forum matters as much as number of comments.

[sarah_j_attaullah@hotmail]

Here I would like to add in this discuss that PSW previously was part of Tier 1 Genreal then how come UKBA has closed it to PSW???????

Extract from UKBA Website...
Eligibility:
Are you in an eligible immigration category?

You can apply to extend your stay in the UK under Tier 1 (General) if you are already in the UK with permission to stay (known as 'leave to remain') in one of the following immigration categories:

* highly skilled migrant
* writer, composer or artist
* self-employed lawyer
* Tier 1 (General)
* Highly Skilled Migrant Programme (HSMP), if you are eligible to switch into Tier 1 (General).




There is a category Tier 1 Genreal and according to old rules PSW falls under Tier 1 General.Therefore it means that people who are in this category already in the UK can apply......

Read further from UKBA Website:

How many points do you need?

Your total points score must be at least 95 points if you currently have permission to stay in the UK as:

* a Tier 1 (General) migrant under the Immigration Rules in place before 19 July 2010;
* a highly skilled migrant;
* a writer, composer or artist; or
* a self-employed lawyer.

[rizwan567]

Your argument is based on the fact that: that PSW previously was part of Tier 1 Genreal then how come UKBA has closed it to PSW???????

PSW was never part of Tier 1 General but it was only separate sub category of Tier 1.

Tier 1 had following subcategories:

Tier 1 General.
Tier 1 Post Study Work
Tier 1 Investor
Tier 1 Enterpru
Tier 1 Innovator (I can't remember exactly but innovator was also part of Tier 1)