Changes to Tier 1 PBS April onwards

The date that the fee associated with the application is paid and the applicant’s biometric details taken.

Now that *is* confusing, because in the US the date that the fee is paid and the date of biometrics are not the same! (well, I guess theoretically they could be, but I would guess that 99.9% of the time that's not the case.)

Found the answer to my first question: April 1st.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/migrantworkerstoughertest

I think I'll reach my 3 months mark for funds in mid-April.  If Biometrics is the offical application date, maybe I can get a Biometrics appointment for last week of March and then submit my documents mid-April within the 30 days for funds window.  Any thoughts?

That won't work. You have 2 weeks from the date of your biometrics for the Embassy to receive your supporting documentation.

Now that *is* confusing, because in the US the date that the fee is paid and the date of biometrics are not the same! (well, I guess theoretically they could be, but I would guess that 99.9% of the time that's not the case.)

Yep, so the interpretation is basically the application is made when the biometrics are provided. It would be interesting if anyone was refused due to this.

Similarly, Paragraph 27 of the rules could be relevant:

An application for entry clearance is to be decided in the light of the circumstances existing at the time of the decision, except that an applicant will not be refused an entry clearance where entry is sought in one of the categories contained in paragraphs 296-316 solely on account of his attaining the age of 18 years between receipt of his application and the date of the decision on it.

Just looked in my savings account history.  My funds won't make the 3 month mark until April 16th.  With the two week window from LadyAnglesey, the latest possible Biometrics appointment (March 31st) will have a deadline of April 14th/15th to submit documents.  It looks like I am knocked out of going to the UK by about 48 hrs. 

Its probably bad for existing Tier 1 holders too. Anyone applying for extension would require a Masters. Extensions, i understand, are done based on the rules applicable at the time of extension. This may put a good number out of jobs too.

Interesting thought, Riskpremia.

I feel like I'm never going to get there. 

I'm right there with you.

This is another pathetic example of scapegoating by the Right Dishonourable J. Smith. Tier 1 workers numbered 26,000 last year; that is about 0.7% of the foreign work force and only about 1% of the non-EU foreign work force. These are highly skilled scientists, engineers, entrepreneurs, etc., who are creating jobs, creating wealth, providing a net benefit to the economy, and in the grand scheme of things are NOT responsible for the so-called migrant flood that is displacing British factory and construction workers from their jobs! It's really disgusting.

So true. Who can we voice our concerns to?

Hi guys. I've not posted in a while but I've come back over this issue. There I am, peacefully at home eating my sandwich and watching ITV news when suddenly Jacqui Smith comes on and makes a few points about immigration, then the reporter voices over some commentary about amending the Tier 1 system to limit it to a Master's degree only. My heart starts racing. Immediately, images of Jacqui burning in a lake of fire enter my mind.

This is my situation. I'm here at uni studying for my bachelor's degree, and I finish in May. So close. My initial plan had been to pick up the Tier 1 Post Study Work visa, get a job, sit on that for 12 months until I had the earnings, and then switch to the Highly Skilled visa and everything would be happy and life would be good. Then she stomps all over that. The simple fact of the matter is that I'm now almost entirely priced out of the market and have very little prospects of staying unless someone will sponsor me for a Tier 2 General work visa, which is very unlikely as most employers can't be bothered to spend the time and money to do so. Since my occupation (town planner) is not on the skills shortage list, I'm going to face a real problem. Not only that, but I've been educated in UK Town Planning, and I know all the relevant policy to this country alone. How useful is my degree if I'm suddenly not allowed to stay? It's times like these that I think there is genuinely no one running the country and I'm surrounded by absolute morons. This change is nothing more than a cheap populist trick. Why? Who knows? In response to the Wildcat strikes and the ludicrously uneducated public's fear and loathing towards immigrants in any shape or form? Is it because they're panicked about losing ground to the BNP? I don't know and I don't care, but restricting skilled non-EEA migration to Britain is going to do so much more harm than good in the long term if they've frightened people off. Perhaps, as I want to scream into her face, the better option would be to improve education and skills training so that British workers would actually qualify for British jobs? Or curb illegal immigration? They've already suspended Tier 3 non-skilled immigration, and the failings of the UK economy are driving people away already. God this is infuriating. Then you speak to most average members of the British public (including my housemates, but of course they've got nothing against me, you understand. I'm an exceptional case) and none of them seem to have a f**king clue about anything regarding immigration beyond "there's too many immigrants coming over here and stealing jobs from us and sponging off the government". No, we don't qualify for benefits, we provide a safe base of taxation so YOU can claim benefits! Plus, most international students I know come from very wealthy families and return to their home countries and a cushy job in their parents' company when they finish anyway. Often it's the Americans, Canadians and Australians that actually come here to stay in the first place, and here we are being disenfranchised as if we're trying to sneak our extended family and friends through Dover and live in some bedsit in Peterborough.

My (revised) gameplan is to take the Post Study visa, work for someone for six months and then beg and plead for their sponsorship into Tier 2. Of course, as the UKBA article states:

The Home Secretary has also asked the independent Migration Advisory Committee (MAC), chaired by Professor David Metcalf, to report on... whether there is an economic case for restricting tier 2 (skilled workers) to shortage occupations only

Should that come true, then I'm locked out of my only backup option and it's off to New Zealand to find another life. It's times like these that make me wonder why I bother when the government is making it plain and clear that they don't want me here. I'd bite the bullet and get my master's but I've officially run out of money for further education and am not willing to be pushed and shoved by Jacqui Smith much longer.

To loveaturtle: Having visited Jacqui Smith's website, she can only be contacted by email or post by her constituents in Redditch relating to constituency matters there. As far as I can tell, in her position as Home Secretary, she cannot be contacted, and the website advises to contact your local MP regarding the Home Office. If anyone's interested, I've already drafted a letter to her that I will forward to my local MP, but I'm having serious thoughts as to whether or not I should rock the boat when I'm still subject to immigration laws.

I know this has been a VERY long and meandering post, but sometimes I just need to yell at people who actually know what I'm talking about for once. I'm disillusioned and want revenge for such an ill-conceived and callous change to the rules and I'm upset in knowing that there is absolutely nothing I can say or do that will change the situation for me or anyone else.

One more thing: If you really want your blood to boil, have a look at the proposed visa fees increases for 2009/10:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/charges200910wms.pdf

They've had the cheek to include the actual administrative cost of each visa versus how much they charge for them. I've always said it's highway robbery and now I've got the proof. One of my favourites: Indefinite Leave to Remain (where application is made at the public enquiry office using the premium service): Visa cost 2008: £950. Proposed cost 09/10: £1,020. ACTUAL COST TO UKBA: £278

Personally, there is too much going on for me on the Advocacy side to take this up as well.

What we really need is someone to hold their hand up, hopefully in the Advocacy forum, to start dealing with this and channel the folks wrath here towards that as well.

The focus on an education as the only real qualifcation for for highly skilled migrants is personally alarming because there would have been no way in hell I would have gotten over here if they hadn't allowed Civil Partnerships.

Any takers?

I have already received my Tier 1 visa, which becomes valid next week. With my bachelors degree.

I am scared that I move to the UK, then after 3 years I don't qualify for an extension based on the new rules and have to leave anyway. That would sort of defy the whole point and I'm starting to wonder if it's even worthwhile?

Or what if they put some kind of rule in place regarding giving British applicants preference when filling a vacancy, that affects even those with valid Tier 1 visas, making it near impossible to find a job?

Moving to the UK is a big commitment and I am scared that things are just too hostile right now to risk the move and future changes to the rules, which seem likely.

What to do? 

A few years ago, I came up with this theory on whether or not the average American professional should ever consider moving to the UK. My idea was that unless one was moving to the UK to (1) be with a British partner or (2) continue in a position with their US employer (but getting sizeable improvements in working conditions and salary!), there was really no cold and rational reason for an American to move to the UK. On average, the living conditions, salaries and climates are better in the US. Unless you're blessed with the two scenarios above, it just doesn't really make sense. I mean, the US is a HUGE country with an amazing diversity of everything. If you don't like it in Vermont, maybe it's time to check out Oregon. If you're sick and tired of Hawaii, how about North Carolina?

I can understand the attraction of striking out and starting anew in another country. Heck, I've done it more than a few times myself. With that in mind, I can see how what I'm saying may sound if not incongruous then hypocritical. But my point is that the immigration regimes are getting tighter, and in many ways "crueler" in a way to the average professional migrant. Not just in the UK, but in Australia, Canada, Europe and the US as well. And with the economic state as it is, it's not likely to get vastly better in the short- to medium-term.

So my advice to people on the PBS scheme is to give it a good hard think. Be a cold and logical Vulcan about it. As someone who has been kicked around by the Home Office for the last six years (and I've had it better than most), I can honestly say that they're a bit nuts. If you succeed in squeaking through this time, it won't be the last high-tension moment. You'll be at this and similar websites for the next 5+ years worrying about the next goalpost change. If this is bothering you now, trust me when I say that you'll get even more paranoid over time.

Relationships and company sponsors have a way of mitigating the culture shock and worry of any international move. And they're also fantastic resources when it comes to managing the bureaucratic immigration shizz. Again, if the logistical burden of a move lies entirely on your shoulders, give it a good hard think.

The UK is an interesting and beautiful country (in parts). But so is the US, if not even more so (in parts). And this isn't to say that you can't visit the UK or include it somehow as part of a US-based career. It's just that at some point you have to quantify things and decide for yourself if it's worth it.

This screed wasn't intended for those already here; I reckon you've already played your hand. Rather I wrote it for those still in the US deliberating coming over here. To those I sincerely wish every bit of luck!

History tells us that when they raise the fees, applications increase.  When they raise the qualification requirements, applications increase.  The number of applications keeps increasing, and the number of refusals remains palpably high at 60+%, what else would they do but make the process more difficult?

There's not a lot of room for advocacy within the PBS world.  The PBS doesn't stop young families from getting started.  It doesn't prevent people from comming here and seeing our way of life.  It doesn't stop people from attending UK universities.  And it's an overall hard stretch to say that not working in the UK on a PBS visa interferes with human rights.

The only way the PBS is going to change is when people stop applying for it.  

I sympathize with the people who staked thier expectations on meeting the requirements, and then saw them disrupted when they changed the goal posts; but in the PBS, it's part of the show.  It's an economic thing.