Latest Set (O) - Conflicting language for Bachelor's Degree

Hi,

While going through the latest Set (O) Form, and under the section to claim points for education, I noticed the following on Page 19

Applications for indefinite leave to remain where you have had leave as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010

This is fine and makes sense. I applied for Tier 1 based on rules in place in March 2009 and got my visa on April 12th 2009. So I get 30 points for my Bachelor's degree. Now the next statement is confusing.

* you can only claim points for a Bachelor’s degree level qualification if you have previously been granted leave to enter or remain as a Tier 1 (General) Migrant, Writer, Composer or Artist or a Self-Employed Lawyer; and that leave was granted before 31 March 2009

My leave was not granted before 31 March 2009 - it was granted on April 12th 2009 BUT the RULES when I applied gave points for Bachelors because I submitted my application in March 2009 and in 4 weeks time, on April 12th I got the visa stamped in my passport

So do I still get points for my Bachelor's or because I got it stamped on April 12th 2009, I dont get any? This actually doesnt make any sense hence my question

KP

Hi Kenfrapin,

Did you find out anything about this at all ?

Mine is exactly the same case as yours, my application was made before 31st March 2009 but I got my approval in June 2009.

Does this basically mean I cannot claim any points for Bachelor's degree ?

Regards,
--
Cocoanud

*you can only claim points for a Bachelor’s degree level qualification if you have previously been granted leave to enter or remain as a Tier 1 (General) Migrant, Writer, Composer or Artist or a Self-Employed Lawyer; and that leave was granted (as per rules in place) before 31 March 2009.

Consider the text in blue to be written in invisible ink ... and fill up the form accordingly.

Tier 1 settlement guidance wrote:* An applicant will be awarded no points for a Bachelor’s degree if:

(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or

(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and

(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.

And before anyone asks, the "leave to remain" referred to in (b)(i) is for a switching application (by non Tier 1 (General) migrants) ... and not an extension application (by existing Tier 1 (General) migrants).

Thanks sush,

I plan to do the very same - apply with the 'assumption' they have misworded the form - if one got points for Bachelor's for Tier 1 as per rules BEFORE March 31 2009, then they will get points even now.

The guidance was worded correctly but looks like they hurried when they updated the form and missed the important words of 'as per rules in place before March 31 2009'

Only time will tell

KP

I think the wording is a bit misleading indeed.

I believe what they meant was to emphasise the Tier-1(General) rule change which came into force on 1-April-2009 i.e. Masters degree became the minimum required qualification.

Regards,
--
Cocoanud

I fall under the same category.

I agree that wordings on the form are incorrect but when I called the Immigration Bureau call center to clarify, they disagreed. They said since the initial leave to remain Tier 1 (General) is stamped on 3rd Apr 2009 (my case) so can't claim 30 points for bachelor's degree.

To try my luck again, I called them 4 times, each time a different agent picked up but they all maintained that I cannot claim points.

dis-hearted, read Immigration rules, read the changes in Immigration rules between Mar 2009 till Apr 2010. Found some relief that Immigration Rules supports my case that I should be awarded 30 points for my bachelor's degree.

In my case, since I am with three dependent so can't take chance with £3500, which is ROUGHLY the gross expense including fees for ILR or PR so wrote email to Immigration Bureau.

Waiting for reply, a formal one, before I pay such huge fees.

I am as well in touch with some professional bodies to get it confirmed before I initiate ILR process......

All, feel free to reply to SUGGEST HOW THIS CAN BE CONFIRMED

*****************START OF EMAIL*******************


From: ***********@hotmail.com
To: ukbapublicenquiries@ukba.gsi.gov.uk
Subject: Case: Clarification on ILR Application form SET (O) Effective 6th Apr 2011
Date: Sun, 10 Apr 2011 02:49:30 +0530


R/s,

I am writing to you w.r.t to the recent changes in ILR Application form SET (O), effective from 6th April 2011.

I request if your policy department can confirm that an applicant who scored 30 points for his bachelor's degree on his first leave to remain as Tier 1 (General) Migrant can as well claim 30 points for his same bachelor's degree under Tier 1 (Settlement) point scoring assessment on recent SET(O) form.

There is some confusion surrounding the new rules. I have provided some extracts below to present my point:

The below extract is from SET(O) Application form (Version 04/2011) - Page 19, section B3.

Extract 1 ***** START ******

* you can only claim points for a Bachelor’s degree level qualification if you have previously been granted leave to enter or remain as a Tier 1 (General) Migrant, Writer, Composer or Artist or a Self-Employed Lawyer; and that leave was granted before 31 March 2009.

Extract 1 ***** END ******

In the above extract, the statement ".........that leave was granted before 31 March 2009" is confusing. In contrast, the below extract is from Immigration Rules, Appendix A - Attributes, sub section "Attributes for Tier 1 (General) Migrants", please see point 13b below

Extract 2 ***** START ******

Qualifications: notes
13. An applicant will be awarded no points for a Bachelor's degree if:
(b)
(i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly skilled Migrant, as a Writer, Composer or artist, as a self-employed lawyer, or as a Tier 1 (General) Migrant.

Extract 2 ***** END ******

Given for an applicant, a work permit holder who applied initial leave to remain as Tier 1 (General) by mid of Feb 2009, got acknowledgement of his application by UK BA by end of Feb 2009 and passport returned to the applicant showing Tier 1 (General) visa date as 3rd April 2009 and was awarded 30 points for his bachelor's degree for his intial Tier 1 (general) PBS.

Please note that as per then Immigration Rules, there were no points for bachelor's degree from 31 Mar 2009 to 5 April 2010 so can it be confirmed that the applicant was granted Tier 1 (General) under the rules in place before 31 Mar 2009?

Can such candidate as well claim 30 points for bachelor's degree on Tier 1 points assessment for ILR?

Appreciate a confirmation on the same. Let me know if any further information is required on this case.

Thanks,

*****************END OF EMAIL*******************

I request the moderator to make this point a STICKY as there will be many like myself et al. who are in the same boat.

It may be possible that since the changes have just rolled in, not many are aware of the exact rules. The points for Bachelors and Masters also changed a few times which adds to the confusion.

I am quite certain that if, in the initial application for Tier 1, if you were awarded points for Bachelor's you will be given points again. The reason for this is in the Set (O) form, there is a section where they ask ' What evidence is provided' and there is an option which says 'Not required as it was provided when applying for Tier 1 initially' - this is specifically for claiming points for educational qualification.

Of course, there is a lot of doubt and their wording in the form really does not help us - best to wait for some success stories of people falling in this category

KP

I think what the UKBA is discounting here is that fact that UKBA would have been flooded with an immense number of applications coming in before 31st March 2009 due to the rule change and thus making an assumption that all approvals of Tier-1 made after 31st March are actually from applications made on or after 1st-April-2009. And thus resulting in such disheartening guideline spec for people like us.

I do really hope that they do allow such cases to claim points for bachelor's degree.

--
Cocoanud

1. UKBA customer support staff are known to offer inaccurate and/or out-of-date information.
2. If it is needed, a caseworker will refer to the IDI to make a decision ... and the IDI makes it crystal clear on when to award points for bachelors degree.

Personally, don't see why a confusion remains ... despite the IDI making it crystal clear on when points will be awarded for bachelors degree. Perhaps worrying when there is no reason to?

Thanks Sush for your post.

What \ who is IDI?

and, in your extract " despite the IDI making it crystal clear on when points will be awarded for bachelors degree." are you referring to Immigration Rules? Where is it made clear?

Apologies, with due respect to yourself (Sush), the reason for clarification remains as there is confusion and I would prefer to get it confirmed as a lot is at stake, at least in my case.

Sush et. al., Please keep suggesting a way to formally get it confirmed.

Thanks,

rudransh wrote:What \ who is IDI?

Immigration directorate instructions wrote:The immigration directorate instructions (IDI) are internal guidance for our staff on the handling of applications.

There is no need for (further / additional) confirmation ... as the confirmation already exists ... quoted in my first response in the topic.

By writing to UKBA, you are just asking them to re-prove something that is already proven. Whether you'll be worry-free upon getting a response depends on the accuracy of their response.

Hi Sushdmehta,

That clears up the situation.

Many Thanks,
--
Gagan

Sush....much appreciated...thanks a lot!!

New Set(O) is now available on internet valid from applications on or after 11/04/2011.
they have removed 35 points for Continuous Residence Assessment.

They have corrected this error but the wording for point b3 page 19 bachelors degree is still the same " you can only claim points for a Bachelor's Degree if you have previously been granted leave to enter or remain as a Tier 1 (General) Migrant, Writer, Composer or Artist or a self-employed lawyer; and that leave was granted before 31 March 2009."

I will never qualify without the 30 points for the bachelors degree.

I am very worried as i got my LTR extended from HSMP to Tier 1 in november 2009. I now have finished five years and was ready to apply for ILR and have appointment booked on 14th April. I am still in dilema if i should apply for ILR and risk loosing £3ooo or cancel my appointment.

Seniors please guide. what documents should i take to justify my case during the application at PEO.

ksurendrakumar wrote:New Set(O) is now available on internet valid from applications on or after 11/04/2011.
they have removed 35 points for Continuous Residence Assessment.

They have corrected this error but the wording for point b3 page 19 bachelors degree is still the same " you can only claim points for a Bachelor's Degree if you have previously been granted leave to enter or remain as a Tier 1 (General) Migrant, Writer, Composer or Artist or a self-employed lawyer; and that leave was granted before 31 March 2009."

I will never qualify without the 30 points for the bachelors degree.

I am very worried as i got my LTR extended from HSMP to Tier 1 in november 2009. I now have finished five years and was ready to apply for ILR and have appointment booked on 14th April. I am still in dilema if i should apply for ILR and risk loosing £3ooo or cancel my appointment.

Seniors please guide. what documents should i take to justify my case during the application at PEO.

@ksurendrakumar: I am in the same boat as you and my ILR is due in August 2011. but i am taking seniors advices here as Sushdmehta has described above that it should be fine to claim bachelor's degree points. if you are still worried then either consult a lawyer or just apply your ILR first and see if you get it. and for your dependants you can apply by post to save some money.

I'm watching this topic with great interest because I think there's a lot of confusion about whether we can get 30 points on:

1) Tier-1 2nd extension if the 1st one from HSMP
2) ILR if your Tier-1 was extended from HSMP during that no Bachelor degree period

guys, I called the Immigration Bureau and discussed in detail the SET (O) Form and IDI wordings...

That lady said that she will refer to department and get back to me....she called me after half a day to say NO

In my case as mentioned above, I can't claim 30 points for the bachelor's degree...

It is painful, what is the way forward?

Please suggest.

rudransh wrote:guys, I called the Immigration Bureau and discussed in detail the SET (O) Form and IDI wordings...

That lady said that she will refer to department and get back to me....she called me after half a day to say NO

In my case as mentioned above, I can't claim 30 points for the bachelor's degree...

It is painful, what is the way forward?

Please suggest.

please see this topic. "asys" has clamed 30 points for degree on 12th April.
http://www.immigrationboards.com/viewto ... 220#480220

I think this is the answer as stated before by, i think, Sush..

* An applicant will be awarded no points for a Bachelor’s degree if:

(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.

If you take out the 'not's', it says...

An applicant WILL be awarded points for a Bachelor’s degree if:

his previous entry clearance, leave to enter or leave to remain before that leave WAS as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant..

my two cents worth?..

adk wrote:I think this is the answer as stated before by, i think, Sush..

* An applicant will be awarded no points for a Bachelor’s degree if:

(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.

If you take out the 'not's', it says...

An applicant WILL be awarded points for a Bachelor’s degree if:

his previous entry clearance, leave to enter or leave to remain before that leave WAS as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant..

my two cents worth?..

i back you up "adk". Sush has also explained this in many other forums.

My case is as following;

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 but the visa was stamped only on 17th April 2009. As the application was made before 31st March 2009, the qualification points were approved as per the rules in place before 31st March 2009, thereby accepting my Bachelor's degree.

Now the IDI document states the following:

* An applicant will be awarded no points for a Bachelor’s degree if:
(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place BETWEEN 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place BETWEEN 31 March 2009 and 5 April 2010,

Under both the criteria given above, I am fine as my Tier 1 was granted under the rules in place BEFORE 31 March 2009.

But the new form states otherwise - i.e. to claim for Bachelor's degree my visa should have been granted before 31 March 2009 and not under the rules in place before 31st March 2009.

Quite relaxed when Sush pointed out the IDI document reference but the fact that Immigration Bureau repeatedly refused Rudransh's comment makes me nervous

Anyone falling within the same criteria as mine or any thoughts?

Regards,
Nikunj

http://www.immigrationboards.com/viewtopic.php?t=76115

Last post here..

Though nervous but confident that all will go ok, for my case. that's what all others in this forum have to say for my case (as is with many others)

1. WP entry clearance - 14th May 2006
2. Tier 1 submitted mid Feb 2009
3. Tier 1 stamped - 3rd April 2009 (30 points for bachelor's degree)
4. 5 years complete - 14th May 2011
5. Preparing for Life in UK test - exam dated 30th Apr 2011
6. Collating all documents, PEO date - 24th May 2011 Northern Ireland (no earlier slot available).


Yes, I called Immigration Bureau 7 times so far and they every time said I can't claim despite mentioning appropriate pages on form and IDI...poor people lacking info and claiming to help UK migrants...I feel more sad and pity for them now....

Will keep you posted.

BTW this forum has been very active with moderators and other members replying almost instantly and equally helpful.

Other who are on the same boat, if you happen to apply at PEO before my date then keep everyone informed.

Dont worry friends got my ILR today. see link below.

http://www.immigrationboards.com/viewto ... 557#480557

got 30 points for degree.

see my posts above as i was worried till i got my ilr confirmed today