The rules of HC314 are not explicit that renewals for HSMP visa holders will be treated the same as Tier 1 visa holders. To be clear, the HSMP visa is now treated the same as all Tier 1 visa holders, so it is in fact included in the same renewal rules as the Tier 1 visa – namely, that those renewing their HSMP visa will not require a Masters degree.
This has been clarified by direct emails from the Home Office. One example:
(Actual email response)
Dear Sir/Madam,
Thank you for your enquiry.
Proposed changes to the requirements for Points Based System Tier 1 (General) and Tier 2 were announced by the Home Secretary recently, and are expected to come into effect for applications made on or after 31st March 2009. Details of the announcement can be found on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/migrantworkerstoughertest
Applicants who currently have leave to remain under the Highly Skilled Migrant Programme, Writers, Artists, Composers or Self Employed Lawyers categories, and are applying to extend their leave to remain in the UK in Tier 1 (General) will not be affected by the changes announced by the Home Secretary.
Applicants who currently have leave to remain as a Tier 1 (General) migrant will not be affected by the change when they apply for further leave to remain.
Yours faithfully,
David Lavigne
Immigration Group
Saturday, 14 March 2009
New HSMP and Tier 1 Visa Program Masters Degree Requirements
This past week there has been some major confusion about the state of the Tier 1 UK visa program for immigrants to the UK. This includes holders of the (now superceded) HSMP visa program, used by many Americans, South Africans, Indians, Canadians and Pakistanis to live and work in the UK. There have been significant changes and clarifications in this first and second week of March 2009 and visa holders should be aware.
As background and to be clear, the HSMP visa has, as of June 2008, been retired and merged into the Tier 1 visa program. This is effectively the same program, but the name changed. It is still a points based system and nearly all applicants for HSMP also qualify under the Tier 1 rules.
The UK Home Office (immigration bureau) has decided that new applicants for the Tier 1 visa will now be required to have at least a Masters level university degree. Formerly, applicants with only a bachelors degree would qualify. This is a significant change that will affect many applicants and greatly decrease the number of individuals that qualify under this system.
Until March 11, it was unclear whether existing HSMP or Tier 1 visa holders would qualify when renewing their visas. Many visa holders were worried they would be disqualified when renewing, as the rules stated that renewal criteria are the same as new applicant criteria.
However as of March 11, rules were clarified by the Home Office that renewals would be processed with the same criteria as the original application. Thus visa holders would not necessarily need a Masters degree to renew their visa, though brand new applicants would.
This rule has been documented in a publication called HC314 – Statement of change in immigration rules. You can find the full text here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2009/hc314.pdf?view=Binary
As background and to be clear, the HSMP visa has, as of June 2008, been retired and merged into the Tier 1 visa program. This is effectively the same program, but the name changed. It is still a points based system and nearly all applicants for HSMP also qualify under the Tier 1 rules.
The UK Home Office (immigration bureau) has decided that new applicants for the Tier 1 visa will now be required to have at least a Masters level university degree. Formerly, applicants with only a bachelors degree would qualify. This is a significant change that will affect many applicants and greatly decrease the number of individuals that qualify under this system.
Until March 11, it was unclear whether existing HSMP or Tier 1 visa holders would qualify when renewing their visas. Many visa holders were worried they would be disqualified when renewing, as the rules stated that renewal criteria are the same as new applicant criteria.
However as of March 11, rules were clarified by the Home Office that renewals would be processed with the same criteria as the original application. Thus visa holders would not necessarily need a Masters degree to renew their visa, though brand new applicants would.
This rule has been documented in a publication called HC314 – Statement of change in immigration rules. You can find the full text here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2009/hc314.pdf?view=Binary
Sunday, 27 April 2008
HSMP Diploma Translation
While most US universities and colleges issue diplomas in English, there are still those old fashioned colleges that issue diplomas in Latin and other obscure languages. Sometimes that makes those of us that received such diplomas feel special; other times it just makes us incredibly frustrated.
One such frustrating time is when those of us with Latin diplomas are applying for HSMP visas for the UK. At such times we need to get our diplomas translated into English. This is obviously also something that people from many other parts of the world must do as well.
When using an HSMP translation company or service for a document translation make sure that they are a professional company. HSMP translation companies in the US will always notarize the final documents. Make sure that you have a chance to look the HSMP translation over and proofread them prior to approving the final drafts. Ensure that your name, university, degree, and other information are spelled correctly.
One such frustrating time is when those of us with Latin diplomas are applying for HSMP visas for the UK. At such times we need to get our diplomas translated into English. This is obviously also something that people from many other parts of the world must do as well.
When using an HSMP translation company or service for a document translation make sure that they are a professional company. HSMP translation companies in the US will always notarize the final documents. Make sure that you have a chance to look the HSMP translation over and proofread them prior to approving the final drafts. Ensure that your name, university, degree, and other information are spelled correctly.
HSMP Translation
When applying for an HSMP visa, you must have all foreign language documents translated into English before you send in your HSMP application. Your HSMP application will be denied if there are any supporting documents that are not in English.
HSMP translation needs to be done by a professional translation company. Even if you are fluent in English and the language in which your document is written, you should still use a professional translation company for your HSMP application.
There are many HSMP translation companies and services you can choose from. When I got my HSMP, I used a translation company called Ultra Translate in the US. They provide a high quality HSMP translation service at competitive prices, and their translation services are accepted by the UK Home Office.
HSMP translation needs to be done by a professional translation company. Even if you are fluent in English and the language in which your document is written, you should still use a professional translation company for your HSMP application.
There are many HSMP translation companies and services you can choose from. When I got my HSMP, I used a translation company called Ultra Translate in the US. They provide a high quality HSMP translation service at competitive prices, and their translation services are accepted by the UK Home Office.
HSMP Entry Clearance
Getting an HSMP visa is a two step process. You must first apply for and HSMP visa and receive an approval letter from the UK Home Office.
Once you have your HSMP approval letter, you must then apply for and receive entry clearance from a UK consulate in your home country. The entry clearance takes the shape of a letter and a physical sticker in your passport that states your visa status.
Both of these steps must be done before you enter the UK. You cannot apply for an HSMP or receive entry clearance while living in the UK. If you are already in the UK when you apply for an HSMP, you should return to your home country to gain entry clearance.
Once you have your HSMP approval letter, you must then apply for and receive entry clearance from a UK consulate in your home country. The entry clearance takes the shape of a letter and a physical sticker in your passport that states your visa status.
Both of these steps must be done before you enter the UK. You cannot apply for an HSMP or receive entry clearance while living in the UK. If you are already in the UK when you apply for an HSMP, you should return to your home country to gain entry clearance.
UK Consulates for HSMP Entry Clearance
Not every UK consulate in the US has the authority to issue entry clearance permits to people with HSMP approval letters.
The only UK consulates in the US that can issue entry clearance are the UK consulates in New York, Chicago and Los Angeles.
If you live in or are traveling to one of those cities, you can make an appointment to have your entry clearance issued in person. If not, you can mail your HSMP approval letter, entry clearance application, and passport to the nearest of the three consulates with authority to approve entry clearance.
The only UK consulates in the US that can issue entry clearance are the UK consulates in New York, Chicago and Los Angeles.
If you live in or are traveling to one of those cities, you can make an appointment to have your entry clearance issued in person. If not, you can mail your HSMP approval letter, entry clearance application, and passport to the nearest of the three consulates with authority to approve entry clearance.
HSMP Entry Clearance Turn Around Time
The turn around time for an HSMP entry clearance (different from an HSMP application) is pretty fast. Make sure to send your approval letter, application, and passport to the correct consulate (or make an appointment in person), as not every consulate has the authority to approve HSMP entry clearance.
In general, the HSMP entry clearance turn around time is only 1 or 2 weeks. Of course this depends on the time of year and the number of applications pending approval.
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