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
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