UK Work Permits Ltd is moving offices

UK Work Permits Ltd today announces that the business will be moving offices over the weekend of 9th – 11th October. The move, into a spacious suite within a fully equipped modern office building, is not expected to cause any disruption for our clients; however, access to some files may be restricted from 4 pm on Friday the 9th October.
Our new address will be as follows:

UK Work Permits Ltd
One Lyric Square
Hammersmith
London
W6 0NB

Visitors will continue to be seen by appointment only.

Telephone and fax numbers will remain:

Tel: 0845 226 4030
Fax: 0845 226 4033

All existing company email addresses will continue to function.

Immigration rules amendments:

On the 1^st October 2009, several significant changes to the immigration rules will come into place. The changes will affect the Sole Representatives category, Tier 1, and various other categories of the Points-Based System.

Changes to the Sole Representative category

A replacement category for Sole Representatives entitled ‘Representatives of Overseas Business’ will be introduced. The major change will be a new English Language requirement similar to the test already in place for Tier 2. There will be three different ways to fulfil the requirement. Applicants can either provide an English language test certificate, hold nationality of a majority English speaking country, or hold a degree level qualification taught in English. The changes will also require the new business in the UK to be concerned with the same type of business activity of the overseas business, and will reintroduce representatives of overseas media organisations back within the immigration rules after it was removed in 2008.

Changes to Tier 1 of the Points Based System

Under Tier 1, provisions for periods of study leave to be taken into account when calculating points for previous earnings have been deleted. The effect of this is that individuals can no longer claim points from earnings made prior to a period of full time study. The UKBA intend to make decisions based on an applicant’s recent work experience and earnings capability in order to establish a more current representation of ability to contribute to the UK’s labour market.

The list of circumstances under which a Tier 1 migrant is permitted to undertake certain work is being extended by the UKBA. Instructions agreed with the Department of Health mean doctors can be admitted onto the Foundation Programme or in to speciality training where their previous leave was not subject to conditions restricting their employment.

The Tier 1 (Post-Study Work) category will also be amended slightly to include migrants who have previously studied for an eligible qualification whilst in the UK in categories that did not prohibit studying. It had previously only been available to those in the UK as a Tier 4 migrant, on a student Visa, or family member visa. The Post-Study Work category will also acknowledge the eligibility of the Professional Graduate Diploma in Education.

Further amendments are being made to the Tier 1 (Entrepreneur) category which replaced the Business Person category in 2008. Those on the previous Business Person visa who wish to extend their stay in the UK will be automatically awarded 10 points for the English language requirement under Tier 1 and will not need to demonstrate their English language ability.

Changes to Tier 2 of the Points Based System

Various changes are being made to Tier 2 of the Points Based System, the majority of which are minor amendments.

With regards to the new category mentioned above, migrants in the new Representatives of Overseas Business category will be able to switch into Tier 2 from within the UK. The time spent in this category will also count towards the qualifying period of six months’ experience with a company for the purposes of applying for a Tier 2 Intra-Company Transfer (ICT) visa.

Under Tier 2 (ICT), the restriction preventing a migrant from owning more than 10% of his/her sponsor’s shares has been removed.

When applying for Indefinite Leave to Remain as a Tier 2 visa holder, the requirement to issue a further certificate of sponsorship to indicate a migrant is still needed by their employer has been removed. Written notification will be sufficient for the UK Border Agency which should be cheaper and more convenient for the employer.

The policy whereby Leave to Remain dates are calculated has been amended. An applicant’s sponsor will be able to request specific dates of leave, rather than the dates corresponding to when the application was decided. Further leave of up to three months can be granted to ensure the leave does cover both the dates of decision and the dates requested by the sponsor.

Maternity, paternity and adoption leave will be taken into account when considering migrants switching into Tier 2 (General) from the Tier 1 (Post Study Work) category and a new English language requirement, in line with the rest of Tier 2, will be introduced for Members of a Religious Order and Ministers of Religion.

Tier 4

Changes to Tier 4 are taking place to pave the way for the launch of the electronic Confirmation of Acceptance for Studies (CAS).For a short while however, the visa letters of acceptance will continue as an alternative to CAS. The requirement that course related work placements must not exceed half the total length of the course will no longer apply if a longer placement is required by UK statute. In addition, Tier 4 migrants will be linked more closely to their sponsor by an amendment preventing studying at any institution other than that of the sponsor.

All of the above changes will be taking place on 1^st October 2009. For further details on any of these changes or information on how these will affect you, please contact us.

Today UK Work Permits Ltd can confirm that as of 21^st July 2009, The Borders, Citizenship and Immigration bill became law and made numerous amendments to the British Nationality Act 1981. It also enlists provisions to introduce “Earned Citizenship” in the summer of 2011.

How will earned citizenship work?

The new system will consist of three distinct routes: Work, Family and Protection:

1. Highly skilled individuals and those in skilled positions (Tiers 1 and 2 of the Points Based System);

2. Family members of British citizens and permanent residents; and

3. Refugees and migrants who have been given humanitarian protection

All will be eligible to begin the three stage process of earning British citizenship. For each route the process then consists of three clear stages, all of which must be completed in order to gain British citizenship.

Stage 1: Temporary residence

At this stage, migrants must spend a minimum amount of time within the UK obeying the law, working within the conditions of their visa, and will have to pass a test to prove their English language skills and/or knowledge and awareness of life in the UK. There are also certain requirements relating to the separate routes. Continual employment and paid taxes will required for the Work route, ongoing relations with family members will be required for the Family route and continued required international protection will be needed for the Protection route.

Stage 2: Probationary citizenship

This stage is for Migrants to demonstrate that they have earned the right to become a British citizen. Those who take up charity or community work or who seek to advance the education, health, arts, culture, sports or other community-oriented sectors will potentially be able to gain British citizenship up to two years earlier than those who do not. However, all candidates are required to:

Have obeyed the law during this probationary period;

Have continued to remain self sufficient and maintain themselves without recourse to public funds; and

Have met the specific requirements for the route they are pursuing.

It is important to note here that any migrant that has spent five years at this stage will be required to move forward onto the final stage, or leave the UK.

Stage 3: British Citizenship or permanent residence

Migrants earning British citizenship will, at this stage, be fully entitled to all right and benefits. ‘Permanent Residence’ will remain available to migrants who choose not to, or are unable to become citizens (i.e. dual nationality issues). It will almost certainly take longer for probationary citizens to qualify for ‘Permanent Residence’ than for Citizenship.

The UK Border Agency plans to implement these provisions in July 2011.

The Borders, Citizenship and Immigration Act has also introduced one further route to British Citizenship. Those born overseas to a parent in the armed forces, and those who have a British mother and were born before 1961 will automatically be entitled to British citizenship.

For further information on these changes or the current rules for Permanent Residence or Citizenship applications, please contact us.

UK Work Permits Ltd today publishes information on a growing trend of fraudulent scams aimed at vulnerable individuals overseas.

There has been a continuing increase in activity by fraudsters who promise individuals from overseas well paid work in the UK, then extract payments from them on the basis of work permit fees, accommodation charges, and other bogus expenses.

The standard modus operandi is as follows:

1. The Fraudsters place bogus advertisements for UK “jobs” in the press overseas or in foreign recruitment websites.

2. Applicants are selected very quickly and “approved” for the position, with little or nothing in the way of an interview or any reference checks. The applicant is usually offered an unrealistically high salary / or rate of pay for the work involved.

3. The applicant is referred on to a “visa / work permit agency” (part of the same organisation), and told that this agency / advisor must be paid an amount of money in order to organise the work permit.  This payment will usually be requested via Western Union (or other similar) money transfer service.

4. The applicant may also be referred onto an “accommodation / lettings agent” (part of the same organisation of fraudsters or perhaps the same person with a pseudonym). The applicant will then be asked to make a payment for accommodation (their first months deposit). This payment (and any others) will also usually be requested via Western Union (or other similar) money transfer service.

5. The applicant may be milked further for things like criminal record checks. As long as the applicant is willing to continue paying, the fraudsters will try to find new ways to extract their money.

6. The work permit, and the job, will never materialise.

Most or all of the communication in these cases takes place via the internet. The Fraudsters quickly and easily set up websites and email addresses for their bogus employers, bogus work permit agents, and bogus lettings agents.

The above scenario is being acted out on innocent individuals with alarming frequency. As a private immigration consultancy (a commercial organisation), UK Work Permits Ltd cannot invest resources in helping individuals to investigate, track down, or pursue a claim against anyone they believe may have defrauded them.  Anybody in this situation however is welcome to contact the OISC, and make a complaint to them. The OISC’s role is to police those claiming or promising to provide UK immigration related advice. Victims may also wish to contact the police in the area of the UK in which the fraudsters are believed to operate.

The following may be signs that a job offer / offer of a work permit is not genuine:

• The job offer may be issued without any significant effort on the part of the applicant, without interview, without the checking of references.
• The salary offered for the position may be far higher than average (individuals can use UK job boards to check the normal salaries offered for the position in question).
• When searching the internet it may be hard to find any record of the relevant employer at the address given.
• The email address given for the employer may be a webmail address, rather than an email address at the domain name of the company (e.g. “@therelevantcompany.com”). If the employer is supposed to be a well established or large organisation then they will most likely have their own domain name and the email addresses will be “@thatdomain.com” rather than @yahoo.com, @hotmail.com etc.
• The telephone number for the employer may begin “00 44 7″ indicating that it is only a mobile number. These are used by the fraudsters usually, but some are starting to use landline numbers.
• The precise name of the company / organisation (work permit visa agency) will not be listed as a registered organisation by the OISC (or any other appropriate regulator such as the Law Society). The fraudsters will often claim to be registered with the OISC, but they are of course not actually registered.
• The explanation given of what visa is being applied for, the process and the costs, may appear inconsistent / jumbled. It is worth checking the UKWP site, or other reputable site to familiarise  yourself with the current relevant schemes and processes, and making sure that the advice given falls in line with that.
• The telephone number given will be a mobile number in the UK (It will begin 00 44 7) and / or where a landline number (beginning 00 44 1 or 00 44 2) you will reach an automated service and you will be unable to speak to a staff member.
• The applicant will probably be asked to make payment by Western Union (or other similar) money transfer service.

If any of the above apply to an individual who has been offered a position and / or work permit in the UK, we would only advise that you exercise extreme caution before making any payment or any further payment. Ultimately however, individuals must make their own checks and make their own decisions. The presence of one or more of the indicators above does not mean that a job offer, or an immigraiton advisor, is not genuine. SImilarly the absence of any of the above indicators does not mean that a job offer, or the immigration advisor is genuine.

We repeat that we are not able to offer help or guidance to people wishing to investigate or retrieve funds from anyone who they believe has defrauded them.

Changes to Tier 1 (Post-Study Work) scheme now in effect

The UK Border Agency has today implemented the rules changes to the Tier 1 (Post-Study Work) scheme for highly skilled migrants. From today, individuals applying under this category must have recently completed one of the following UK qualifications:

• A Bachelor’s or postgraduate degree;

• A Higher National Diploma (HND) from a Scottish institution;

• A Postgraduate Certificate of Education (PGCE).

From today, individuals with Postgraduate Diplomas and Postgraduate Certificates (apart from PGCEs) will no longer qualify for the Tier 1 (Post-Study Work) Scheme. This change in rules does not affect those individuals who are currently on the International Graduates Scheme (IGS) and would be entitled to an additional year’s leave under Tier 1 (Post-Study Work). These persons will still qualify for that additional year.

For more information regarding the changes, or to see if you qualify under the new rules, please use our Tier 1 (Post-Study Work) points calculator or contact us.

Changes to Tier 1 (General) scheme now in effect

The UK Border Agency has today implemented the rules changes to the Tier 1 (General) scheme for highly skilled migrants. From today individuals applying for their first grant of leave under Tier 1 (General) will not be able to qualify unless they have a UK Master’s Degree or equivalent. In addition, first time applicants can no longer claim any points for earnings of less than £20,000.

These rule changes will not affect those individuals who currently hold either an HSMP visa or a Tier 1 (General) visa. When these persons come to make their extension application, they will score points as they were available before today.

For more information regarding the changes, or to see if you qualify under the new rules, please use our Tier 1 (General) points calculator or contact us.

Border Agency publish new details regarding changes to the immigration rules

Following on from the announcement by the UK Border Agency late on Wednesday evening, UK Work Permits can now clarify the imminent rule changes to the following Tiers of the UK Points Based System:

• Tier 1 (General)
• Tier 1 Post Study Work
• Tier 2

Tier 1 (General)

The Border Agency has now published written guidance on the specifics of the new rules. The following is a summary of the key points stated in the new guidance:

1. The new rules will be coming into force on the 31^st March 2009;

2. The new rules will affect all those applying for leave to enter or leave to remain under their first grant of leave of Tier 1 (General);

3. It has now been officially confirmed that those individuals who currently hold HSMP and Tier 1 (General) visas will not be affected by these rule changes;

4. Those individuals applying for their first grant of Tier 1 (General) leave from the 31^st March will gain no points for Bachelor’s degrees or for earnings under £20,000 (or equivalent);

5. This means that it will now be a minimum requirement for applicants to have a UK Master’s degree (or equivalent). Please note that Master’s degrees from some countries do not meet the standard of a UK Master’s degree. If you are in any doubt as to whether your degree falls into this category, please get in touch with us;

6. Although under the new rules earnings under £20,000 will not lead to any points being awarded under the earnings section, it is not a mandatory requirement for applicants earnings to meet this level. It will still be possible, in rare circumstances, to gain enough points without claiming points for earnings;

7. All degrees other than Bachelor’s degrees will still gain the same number of points as they do now. Likewise, all other earnings brackets will gain the same number of points as they do now;

8. The points threshold will stay at 75 points (+10 for English Language and 10 for Maintenance).

We are now certain that the new rules will not affect HSMP holders, and as such these individuals will be able to make their applications under the rules as they stand now. They will still be able to claim 30 points for a UK Bachelor’s degree (or equivalent).

Tier 1 (Post Study Work)

It has been confirmed that, as of 31st March, it will no longer be possible for individuals to claim points under Tier 1 (Post-Study Work) for post graduate certificates and diplomas, except in the case of UK Postgraduate Certificates of Education (PGCE).

Tier 2

It has been confirmed by the Border Agency that as of 31^st March 2009, advertising via JobCentre Plus (in addition to at least one other method of advertising specified in the Codes of Practice) will become mandatory for all positions before a Certificate of Sponsorship can be issued. This requirement will apply to positions where the salary exceeds £40k p.a, although the position will still only need to be advertised for a period of one week. It will not apply however to Intra Company Transfer cases, Shortage Occupation Cases, or where the individual is switching from one of the Post-Study Work categories (and has worked for the employer in the relevant role for 6 months before the CoS is being issued).

Latest comment on the upcoming changes – 31st March 2009

UK Work Permits Ltd is now able to clarify some further pieces of information regarding the imminent changes affecting:

• Tier 1 (General)
• Tier 1 Post Study Work
• Tier2

Of the UK Points Based System.

Tier 1 (General)

It has been confirmed from several sources, including from the Border Agency (in writing) that the new revisions to Tier 1 (General) will not apply for individuals currently holding HSMP status looking to extend their stay under Tier 1 (General). As of 31st March 2009 however, for all those seeking entry clearance or (“first permission”) leave to remain under Tier 1 (General) it will not be possible to claim points for Bachelor’s degrees, or for earnings at a level less then £20k (or the adjusted overseas equivalent).

Tier 1 (Post Study Work)

It has been confirmed that, as of 31st March, it will no longer be possible for individuals to claim points under Tier 1 (Post Study Work) for Postgraduate certificates and diplomas, except in the case of UK Postgraduate Certificates of Education (PGCE).

Tier 2

It has been confirmed by the Border Agency that advertising via JobCentre Plus will become mandatory for all positions before a Certificate of Sponsorship can be issued. This requirement will apply to positions where the salary exceeds £40k p.a, although the position will only need to be advertised for a period of one week.

Other changes

A number of other changes have also been announced in a statement of changes issued by Phil Woolas, the Minister of State for Borders and Immigration:

• Allowing nurses and midwives to switch between Tier 5 and Tier 2 following full registration with the NMC;
• Allowing footballers to switch from Tier 5 to Tier 2;
• Further clarification being issued regarding activities that are permitted under the Business Visitor category;
• Deleting some existing provisions which allow exemption for Knowledge of Life (in the UK) for ILR applicants.

Update: Changes to the Tier 1 (General) Scheme

As per our previous memo relating to the “tightening up” of the Tier 1 (General) scheme for highly skilled migrants, we are now able to pass on some more information we have just gained from the UK Border Agency.

The Border Agency have now confirmed that individuals who currently hold HSMP visas will not be affected by the rule change that will be coming into force at the end of March. The following is a direct quote from the guidance that was passed around the Border Agency enquiry line call centre yesterday and shared with us by a senior member of management:

“…a person applying in country for Tier 1 (General) from HSMP will be deemed to be extending their leave to remain under Tier 1 (General), and not switching. These persons will be able to switch from HSMP to Tier 1 (General) without being affected by the rules change as announced by the Home Secretary.”

If we ignore the contradiction within that section of wording it does seem clear that existing HSMP holders will not be affected by the new changes. This is a direct contradiction of the information being given by Border Agency between the announcement on 22/02/09 and 04/03/09. During this period Public Enquiry Office staff members were consistently informing callers that the new changes would definitely affect HSMP holders.

We have become aware of this change of position on 4^th March, and so far we have only been given this information by telephone. We are seeking written confirmation as soon as possible. As yet no official guidance has been released and the Border Agency have failed to respond to requests for clarification in writing.

This new information is clearly very good news for HSMP holders. If a person holding HSMP status would qualify for an extension now, then they should also qualify for one after the rule changes have been implemented. Based on this most recent clarification, providing absences from the UK have not been excessive, they should, after all, still only need to make only one extension application (near the expiry date of their current visa), before being eligible (after a total of 5 years) for Indefinite Leave to Remain.

However, the rule changes will still affect individuals intending to make initial applications under Tier 1 (General). If any individual will cease to be eligible after the changes, we would urge them to proceed in making their application as soon as possible.

While liaising with the UK Border Agency, we have also received clarification on some of the following questions:

• Will the overall minimum required points score be increased or decreased?

-The Border Agency has confirmed to us that the threshold will stay at 75 points.

• Will a person under 28 with a non-UK Masters degree and earnings at the 20k level, (but without 5 points for UK earnings or education) now score enough points to qualify?

-The Border Agency has confirmed that a person in the above scenario would not score enough points (which is also the case now). In order to qualify, an individual in that situation would need to ‘make up’ an additional five points (probably through higher earnings) in order to qualify.

• Are earnings levels of £20k completely mandatory? (A person holding a PhD under the age of 28 will currently not require any points under the earnings category)

-The Border Agency has confirmed that the £20k requirement is not completely mandatory. Where an individual meets the points threshold without relying on earnings, they will not need to have earned £20k in the last twelve months.

In line with the questions that have been clarified above it has been indicated that points will be awarded for each of the four main scoring areas according to the same scale that is currently in place.

We are now seeking written confirmation and clarification on these and a number of additional queries, to gain maximum clarity as quickly as possible. When we gain more information on the changes, we will pass this on.

The Home Secretary, Jacqui Smith, recently announced that the Government plans to “raise the bar” for those entering the UK under Tier 1 (General) of the Points Based System.

Tier 1 of the Points Based System is aimed at highly skilled individuals who do not need a job offer to be able to gain entry, or leave to remain in the UK. Tier 1 (General) is the most widely accessible subcategory of Tier 1 which can lead to settlement. In nearly all cases applicants need to demonstrate significant previous earnings through employment, in addition to a degree level qualification, in order to qualify. Tier 1 (General) was modelled very much on its predecessor, the Highly Skilled Migrant Programme (HSMP). Applicants need to score a specified number of points in order to qualify, and points are awarded under the main categories of age, qualifications, previous earnings, and UK experience, with the additional mandatory requirements of English language competency and a set level of “maintenance” funds. Anybody currently in the on the HSMP who wishes to extend their stay will need to do so under Tier 1 (General).

The only completely clear point within Jacqui Smith’s announcement was that from April 2009, it will only be possible for applicants to enter the UK under Tier 1 (General) if they hold a Master’s degree, and their earnings will need to meet a level (in the UK) of £20,000. Currently it is common for those with Bachelors Degrees to qualify (although they will have to score more points in the other categories than a person with a Master’s degree to gain the same number of points).

Unfortunately, while the announcement gained plenty of press coverage, it was more than a little short on detail in terms of how the changes will be implemented and who will be affected.

From 23 -27 Feb, UK Work Permits Ltd has been contacting staff within the UK Border Agency (each and every day), and we have so far only been able to obtain a clear answer to one of our key questions:

We have been told repeatedly that the changes will also apply to those currently holding HSMP status who will need to extend their stay from 31^st March 2009 (in addition to those making first applications)

We have been trying to gain more information on the changes, but have so far been struggling. At the time of writing, staff members within the UK Border Agency seem to be quite unaware of how the changes to Tier 1 (General) will be implemented. They have been unable so far to answer the following obvious questions:

• Will the same number of points (35 points) still be awarded for a Masters degree under the new arrangements? (or will a Masters Degree equal the same number of points previously awarded for a Bachelors Degree?)
• If the number of points awarded for a Masters Degree decreases, will the points awarded for other attributes be increased to compensate for this?
• Will the overall minimum required points score be increased or decreased?
• Will a person under 28 with a non-UK Masters degree and earnings at the 20k level (non-UK earnings) now score enough points to qualify? (such a person wouldn’t currently qualify – where will those points come from? Wouldn’t that be a case of “lowering the bar”?)
• Will the number of points awarded for earnings, or any other category, change?
• Are earnings levels of £20k completely mandatory? (A person holding a PhD under the age of 28 will currently not require any points under the earnings category)

These questions remain unanswered, although we are seeking out further details each day, and will update the website with further information as and when it becomes available.

What now?

The announcement has understandably created a lot of attention, panic and confusion by those most affected: skilled foreign nationals, and employers in the UK, both of whom only have enough information to be concerned, but not enough information to plan their next move. The HSMP, and Tier 1 (general), have always been promoted as routes for individuals who wish to settle in the UK, and make the UK their home. To be fair, the Government did state before the introduction of the PBS, that it wishes to use the inherent flexibility of a Points Based System to be able to “raise and lower the bar” according to the needs of the UK. However, there seems to be much room for improvement in terms of fully considering and clearly communicating planned changes.

Based on the information currently available, UK Work Permits Ltd would broadly make the following suggestions to people in the following circumstances:

Organisations employing individuals currently holding HSMP status who may not be able to extend their stay according to the new criteria:

• Consider encouraging those staff members to apply for extensions under Tier 1 (General) before 31^st March if they qualify under the current extension arrangements. Although this may be long before their current visas expire (and may create a shortfall in their 5 year countdown towards Indefinite Leave to Remain), this option will at least lead to an extension of stay for a further 3 years.
• Consider whether you wish to sponsor any or all of these individuals under Tier 2 of the Points Based System – this may be possible in some cases currently where an extension under tier 1 (General) would not be possible.

(Contact your Consultant at UK Work Permits Ltd for advice on any of those options)

Individuals who currently hold HSMP status and will need to extend in the future:

• If you do not hold a masters degree or cannot demonstrate earnings over the last 12 months of at least £20,000, then consider applying for an extension before 31^st March. Although this may be long before your current visa expires (and may create a shortfall in your 5 year countdown towards Indefinite Leave to Remain), this option will at least lead to an extension of leave to remain for the next 3 years. You may then have a period of time in which to plan your next move.
• Investigate whether your employer is able to sponsor you (under Tier 2 of the Points Based System). This will be possible only if your employer holds a Sponsor’s Licence (or obtains one before the end of March). The employer will need to issue a Certificate of Sponsorship, which will then allow you to apply for leave to remain under Tier 2. A number of criteria apply. For more information please contact UK Work Permits Ltd.
• If you hold a higher degree, and your earnings and general points score comfortably exceed the current requirements, you may be unaffected by the upcoming changes, but we would still strongly suggest that you keep a close eye on any upcoming changes.

Individuals who are considering making an initial application under Tier 1 (General):

• If you do not hold a masters degree, or cannot demonstrate earnings over the last 12 months of at least £20,000, firstly you should establish whether you qualify currently under Tier 1 (General). If you do qualify then we would strongly suggest that you apply as soon as possible, before the changes are implemented.
• If you hold a Masters degree, and can demonstrate earnings comfortably in excess of £20k, then you may be able to delay making your application, but you should do everything remain abreast of any further planned changes to the scheme, in case these will actually affect you, and prevent you from qualifying in the future.

The uncertainty about the criteria for extension applications currently has a lot of people very concerned, particularly Highly Skilled Migrants, and their employers. The last change that was made to affect HSMP extension applications occurred in November 2006. The High Court later overruled the change on the basis that existing participants in the programme had a legitimate expectation that they would be able to extend on the same basis that they originally qualified. However, from the information available currently, it seems that the goalposts may have been moved again for those already in the UK.

It is clear that anybody who qualifies currently (either for an initial application or a HSMP extension) based on a bachelors degree, and wishes to make an application under Tier 1 (General), should apply as soon as possible. Anybody with a Master’s degree, who currently qualifies, but not by a great margin, would perhaps be well advised to do the same. In some cases, it may be possible and appropriate for a UK employer to sponsor individuals under Tier 2 of the Points Based System, providing they hold a Sponsor’s Licence. There is currently a lot of uncertainty, and anybody who may be affected by these changes should keep up to date with announcements by the Home Office / UK Border Agency.