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Clarification of the IGS to PSW transitional arrangements
O. Asiru made this Freedom of Information request to UK Border Agency
The request was successful.
From: O. Asiru
27 April 2009
Dear Sir or Madam,
I have consistently tried to get information on the transitional
arrangements for IGS holders after June 2008, who wanted to apply
for a further year under PSW(Post-study Work). I would kindly ask
that I am not sent information that is readily available to the
public.
In an email to the UKBA, I asked this same question and was sent an
automated response, which clearly stated that under the
transitional arrangements IGS holders with leave to remain after
June 2008 were eligible to extend their permission to stay without
meeting the points requirement.
The points requirements include obtaining points under maintenance.
If IGS holders are not required to meet the points requirement, may
I ask why IGS holders are being rejected for not obtaining points
under maintenance?
What exactly is the guidance on the IGS to PSW transitional
arrangement? What is the transitional arrangement and why is it
inconsistently stated in the PSW form and policy guidnance? Do IGS
holders after June 2008 have to obtain points under maintenance or
not? If they do why has the UKBA issued contradictory statements
about the matter, in both email correspondence and on the UKBA
helpline? In summary, what is the correct implementation of the IGS
to PSW transition?
Yours faithfully,
O. Asiru
From: Freedom Of Information Team ( IND )
UK Border Agency
28 April 2009
Dear O Asiru,
Thank you for your below request, which is being considered under the
Freedom of Information Act and we will respond shortly.
Yours sincerely,
Mr Feakins,
Freedom of Information Team
show quoted sections
From: O. Asiru
28 May 2009
Dear Freedom Of Information Team ( IND ),
I wish to remind you that according to the Freedom of Information
Act, I should have received an answer on the 27th of May at the
latest(Yesterday). You are therefore breaking the law, and I would
appreciate some clarification on why this is the case.
Yours sincerely,
O. Asiru
From: PBS Operational Policy
1 June 2009
Dear O Asiru
Thank you for your email.
The transitional arrangements for the Tier 1 (Post-study work) category
are set out in the relevant guidance notes. I have attached a link to
the document for your reference:
http://www.ukba.homeoffice.gov.uk/siteco...
poststudyworkguidance1.pdf
I apologise if you feel that the message you have received was
misleading. However, I can confirm that persons currently holding
International Graduates Scheme (IGS) visas wishing to extend their visa
through the Tier 1 (Post-study Work) category are required to satisfy
the maintenance criteria. In all cases relevant guidance document is the
definitive source of policy information.
I hope this clarifies our policy in this area.
Kind regards
Tom Houghton
PBS Operational Policy Unit
Vulcan House - Steel
UK Border Agency
PO Box 3468
Sheffield
S3 8WA
show quoted sections
From: O. Asiru
1 June 2009
Dear PBS Operational Policy,
Thank you for your email.
I have tried the link I was given, but it seems to be obsolete.
Nevertheless, I suspect that it is a link to the PSW policy which I
have read countless times. I specifically asked why there was an
inconsistency in what the arrangement was. As recent as two weeks
ago I received this from an individual within the UK Border Agency.
Dear Sir/Madam,
Thank you for your enquiry.
The International Graduates Scheme was replaced by Points Based
System Tier 1 (Post Study Work), with effect from 30th June 2008.
Please be advised that, if your leave to remain on the basis of IGS
or SEGS expired before 30th June 2008, you will not be eligible to
apply for an extension under Points Based System Tier 1 (Post Study
Work).
If you have valid leave to remain under IGS or SEGS on or after
30th June 2008, you will be able to apply to extend your permission
to stay in your existing category. You will not be required to meet
the points requirement if you are applying under this transitional
arrangement. You can apply under these transitional arrangements at
any time from 30th June 2008. If your application is successful you
will receive an extra year from the date your visa is due to
expire. You will need to use application form Tier 1 (Post Study
Work), which is available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
If your application is successful you will be granted further leave
to remain, up to a combined total of two years in your existing
category and the Post Study Work category, during which time you
will be free to seek employment without having a sponsor.
Please note, you cannot make an application under these
transitional arrangements if you are not in the UK.
You will be able to apply to switch in the UK from Tier 1 (Post
Study Work) to Tier 1 (General, Investor or Entrepreneur), or Work
Permit employment (Tier 2 when implemented), or Student (Tier 4
when implemented). However please note, time spent in the UK in the
Tier 1 (Post Study Work) category does not count towards the
qualifying period for Indefinite Leave to Remain.
Yours Sincerely,
You have clarified the supposed policy, but I am yet to see what
the resolution will be for applicants who were given the wrong
information and were duly rejected, and now have to go through a
long appeal process with no guarantee of success, all due to the
incompetence of the UKBA. I am deeply dissatisfied with the
information given, and would like to know why that sentence "You
will not be required to meet the points requirement if you are
applying under this transitional arrangement" was removed.
Yours sincerely,
O. Asiru
From: Royston, Abigail
5 June 2009
Dear O Asiru,
We have received an email regarding a complaint that you wish to put forward.
Please could you advise us which email address you wrote to which provided you with the following information;
Dear Sir/Madam,
Thank you for your enquiry.
The International Graduates Scheme was replaced by Points Based
System Tier 1 (Post Study Work), with effect from 30th June 2008.
Please be advised that, if your leave to remain on the basis of IGS
or SEGS expired before 30th June 2008, you will not be eligible to
apply for an extension under Points Based System Tier 1 (Post Study
Work).
If you have valid leave to remain under IGS or SEGS on or after
30th June 2008, you will be able to apply to extend your permission
to stay in your existing category. You will not be required to meet
the points requirement if you are applying under this transitional
arrangement. You can apply under these transitional arrangements at
any time from 30th June 2008. If your application is successful you
will receive an extra year from the date your visa is due to
expire. You will need to use application form Tier 1 (Post Study
Work), which is available on the UK Border Agency website at:
http://www.ukba.homeoffice.gov.uk/workin...
If your application is successful you will be granted further leave
to remain, up to a combined total of two years in your existing
category and the Post Study Work category, during which time you
will be free to seek employment without having a sponsor.
Please note, you cannot make an application under these
transitional arrangements if you are not in the UK.
You will be able to apply to switch in the UK from Tier 1 (Post
Study Work) to Tier 1 (General, Investor or Entrepreneur), or Work
Permit employment (Tier 2 when implemented), or Student (Tier 4
when implemented). However please note, time spent in the UK in the
Tier 1 (Post Study Work) category does not count towards the
qualifying period for Indefinite Leave to Remain.
We need to know this so that we can identify which department to send your complaint to.
Yours sincerely,
A.Royston
Abigail Royston
Customer Service Unit
UK Border Agency
show quoted sections
From: O. Asiru
5 June 2009
Dear Abigail Royston,
I received this information more than once from the following email
address:
[email address]
Yours sincerely,
O. Asiru
From: O. Asiru
5 June 2009
Dear Sir or Madam,
It seems I am not allowed to post email addresses on this site(they
are automatically deleted from responses). I was asked for
clarification of where I got some information. It was specifically
from the email address for UKBA public enquiries.
Yours sincerely,
O. Asiru
From: Kelly, Elaine
23 June 2009
Our Ref: IEB/Jun09/01
Re: Clarification of the IGS to PSW transitional arrangements
Dear Sir/Madam,
Your e-mail dated 1st June 2009, regarding the auto response message you
received from the UK Border Agency public enquiries mailbox, has been
forwarded to me for attention.
I can confirm that, under the heading "Tier 1 (Post Study Work) - IGS -
Transitional Arrangements", the auto response message previously stated:
"You will not be required to meet the points requirement if you are
applying under this transitional arrangement." The message was updated
on 19th May 2009, in order to provide clarity regarding the maintenance
requirements, to: "However please note that you will need to meet the
points requirement for maintenance." Please accept my apologies for any
inconvenience that this may have caused you.
As stated in my colleague's previous response, full details about the
requirements are available to all applicants in the policy guidance
notes. The requirements for those applying under the above transitional
arrangements are detailed on Page 18, paragraphs 81-86. Applicants are
advised to read the guidance notes before making their application, on
the front page of the Tier 1 (Post-Study Work) application form.
Our aim in UK Border Agency is to offer excellent customer service to
all our callers and I am sorry that you were not satisfied with the
service that you received on this occasion.
Yours faithfully,
Elaine Kelly
Customer Service Unit
Immigration Enquiry Bureau
UK Border Agency
show quoted sections
Fawad left an annotation (10 June 2010)
Respected Person,
I am trying to find out a basic information about the transitional arrangement made in PSW.
I was on IGS and then I switched to student visa. Now I have done my master degree but can I apply for transitional arrangement to get my one year of work permit or not if I fulfil all other requirements.
Kind Regards.
jamal left an annotation (28 October 2010)
Dear UK BA
Myrequest is of same nature as of Fahad's
I got IGS for one year in 2008-09 and then switched to student in 2009-2010 and now have completed my degree,
My question is can I get PSW under the transitional arrangements?
thank you
jamal
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Richard Taylor left an annotation (21 October 2009)
http://www.ukba.homeoffice.gov.uk/siteco...
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Richard - WhatDoTheyKnow.com volunteer
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