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ILR query (stuck with words on new SET (O) form)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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nmehta
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Posts: 49
Joined: Tue Mar 01, 2011 10:34 pm

ILR query (stuck with words on new SET (O) form)

Post by nmehta » Sun Apr 10, 2011 3:07 pm

Mods, can you please confirm which rules will be applied in my case with regards to my ILR application. My details are as followed:

1. Arrived UK in Sep 2006 on WP
2. Applied for Tier 1 on 18th Mar 2009 and granted the same, Please Note: my visa was stamped only on 17th April 2009 valid for 3 yrs.
3. Under old rules would have become eligible for ILR sometime in Aug 2011.

I have a bachelor's degree and as my application was made before 31st March 2009 my Tier 1 was approved.

Will they consider my Bachelors degree, as it's fine if UKBA assess against my date of Tier 1 application (which is before 31st March) but will not be fine if they consider it against the date appearing on letter from UKBA and when the Tier 1 was stamped (17th April 2009).

I was suggested earlier in one of the posts that it should be fine as consideration will be against "Date of application ... not the date of decision / entry in UK"

Now the new Form states (on page 19) the following ( http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf )

"* 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."


I am caught by these words as everywhere else the form clearly states "under the rules in place" but in this case it explicitly states a cut off date when visa was granted, as opposed to visa was granted under the rules in place.

I am too nervous now.

Thanking you in anticipation of your reply.

Regards,
Nikunj

kenfrapin
Senior Member
Posts: 601
Joined: Wed May 13, 2009 8:07 pm
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Post by kenfrapin » Sun Apr 10, 2011 3:30 pm

Nikunj,

There is a very active and open post about this very same topic. If you took a look before writing up such a detailed question it would have saved so much of your time :-)

Mods may close this as duplicate so suggest you go through the thread I opened few days back and ask questions there!

KP

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Sun Apr 10, 2011 4:22 pm

Searching before posting always helps.
Please continue in this topic.
Life isn't fair, but you can be!

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