The new Tier Systems

Well, this week was one of the most confused and indecisive ones. SreeRaj is on a permanent job with an employer’s work permit for the skilled worker. And the leave to remain (called visa) expires on the 31st of December 2008. Our thoughts a couple of years back were to move from UK by the end of this year. But now, we have changed our minds and are likely to be here. So, another couple of year’s extension for this work permit can give us indefinite leave to remain in UK otherwise called Permanent residence (PR- which is different to citizenship). His employer is more than happy to give this extension. As this consultancy group shifted its main base from Netherlands to England, HR department experienced some problems with paper works and they couldn’t apply for the extension earlier (as always!!! I expected this as I had the first hand HR experience –and there is no point in winging or blaming anyone for HR specific paper works).

Meanwhile UK Border Agency has changed the Immigration system to Tier 1, 2, and 5. All the Highly Skilled Migrants Programme (HSMP) people should now be applying through the Tier 1 system whether it is a new application or an extension. A point based system with some bits of difference from the old rules. This one went active on June 2008. One of the striking points of this is on the maintenance funds- the candidate who is applying for Tier 1 should be having at least £800 in his/her bank account EVERYDAY(each single day) for the last 3 months from the time of application. This must have been an unexpected one for quite a few I suppose. And we heard a friend of ours got his application rejected because his account balance was less than £800 for one day in the last 3 months when he made the application; and had to leave UK. And if you have dependants with you, then you should have a maintenance fund of £533 for each dependant; again EVERYDAY for the last three months. Oops– A guy with a wife and 3 children (if above 18) should have £2932!!! Detailed and more information can be obtained from UK Border Agency website. I appreciate the UK Border Agency website as it gives clear cut information including the point’s calculator to check if you qualify for Tier 1 (former HSMP) even if you are from outside of UK.

However, our case falls under the Tier 2 system which is now a new piece of software where the employers can issue a Certificate of Sponsorship (CoS) , a unique number to the skilled worker they wish to keep with them. For this the employer needs to obtain sponsorship license from the UK Border Agency. This makes it extremely difficult for new work permit applications; in fact the UK Border Agency says 200,000 fewer jobs in UK for overseas candidates, with a point’s calculator again. All this is clear and SreeRajs’ employer who has the sponsorship license is all set to go, and we would (hopefully) not have a problem as this is an extension for the existing work permit; also the points based system seems quite favourable for us. To make a new Tier 2 application the employer will have to prove (with solid evidence) to the UK Border Agency that despite numerous efforts to recruit a EU person to the same skilled job (mainly engineering jobs and certain specialist skills), they couldn’t get anyone. And that is the reason they are offering to a non-EU person and hence need a Tier 2 for him/her (no wonder 200,000 fewer jobs!). This online system was expected to go live months back, but unfortunately it didn’t! Now, this is expected to go-live on 27th November midnight. And by 28th November it is expected that SreeRaj will get the CoS, again it is a Friday and may not be very easy to catch hold of people. So, may be on Monday, 1st Dec 2008. But that leaves us only less than a month of leave to remain in UK to make the visa application.

This morning I rang up the UK Border Agency Work Permits Customer Contact Centre in Sheffield to check if this can be an issue; and they confirmed that as long as you have leave to remain in UK this shouldn’t be a problem. But being a sort of person who worries too much, I explained the whole situation to them including our indecisive situation. I was directed to the UK Immigration Services for further clarification which is a 087...number and I got through after half an hour of waiting time. Spoke to one of the Immigration Services Consultant who assured that as long as you have leave to remain in UK you can submit your application and it should be processed normally. And, confirmed that your application will not be rejected on the grounds that you have less than a month to remain in UK. So, that’s how things are at the moment.

However, need to check more on the Tier 1 system regarding the time frame you need to make the visa application. As both of us qualify for the Tier 1 application, in case if the Tier 2 doesn’t work (I am being on the extreme here I know) can go through the Tier 1 system. There had been a lot of thinking and discussions happening over this last week.

Disclaimer: The information presented in this blog are strictly personal opinions and is not a source of any legal information; so no one has the right to use this as any source of proof. Again, these are my personal opinions and hence no one can use this against me in a court of law or in any other way. Thanks.