Tier1 General Extension - Ques. G1 - Age Assessment

Hi,

Let me explain you my scenario.

My First Application Submission Date: 23-March-2010
Passport returned with Visa Granted: May 2010
Visa Start Date(Entry Clearance): 01-Jun-2010
Extension Due: Before 01-Jun-2012

I applied my first tier-1 application before 06-Apr-2010 (23-mar-2010), and at that time, I filled my age as "28 or 29 years" with 10 points. I received my passport in May-2010 when rules were different and hence, I got 02 years Entry clearance from 01-Jun-2010 to 01-Jun-2012.

My understanding is that I should choose this option

"Please tick the relevant box to confirm the points claimed by the applicant on the basis of his/her age at the date of application for the first grant of leave in the category.
Applications for leave to remain where the applicant has, or has had, leave as a Highly Skilled Migrant, 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, and has not been granted leave in any categories other than these since 6 April 2010"

as my application was filled before Apr-2010 even though I got visa in May-2010.

Please correct me if I am wrong. Because in points based calculator, if i choose 23-mar-2010 as start of application, then results are different e.g.
Age: 10 points
Education: 35 points
Income: 45 points.

if i choose 01-jun-2010 (entry clearance start date), then points calculated are different:
Age: 20 points
Education: 35 points
Income: 35 points.

warm regards,

ashehzi wrote:Hi,

Let me explain you my scenario.

My First Application Submission Date: 23-March-2010
Passport returned with Visa Granted: May 2010
Visa Start Date(Entry Clearance): 01-Jun-2010
Extension Due: Before 01-Jun-2012

I applied my first tier-1 application before 06-Apr-2010 (23-mar-2010), and at that time, I filled my age as "28 or 29 years" with 10 points. I received my passport in May-2010 when rules were different and hence, I got 02 years Entry clearance from 01-Jun-2010 to 01-Jun-2012.

My understanding is that I should choose this option

"Please tick the relevant box to confirm the points claimed by the applicant on the basis of his/her age at the date of application for the first grant of leave in the category.
Applications for leave to remain where the applicant has, or has had, leave as a Highly Skilled Migrant, 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, and has not been granted leave in any categories other than these since 6 April 2010"

as my application was filled before Apr-2010 even though I got visa in May-2010.

Please correct me if I am wrong. Because in points based calculator, if i choose 23-mar-2010 as start of application, then results are different e.g.
Age: 10 points
Education: 35 points
Income: 45 points.

if i choose 01-jun-2010 (entry clearance start date), then points calculated are different:
Age: 20 points
Education: 35 points
Income: 35 points.

warm regards,

Use the 'Valid from' date which is printed on the Visa to be ur original approved date and use the same to calculate your points on the PBS calculator. You cannot apply under the old rule (before April 2010), as far as i know.

ashehzi wrote:My First Application Submission Date: 23-March-2010

53. If the applicant was first granted leave in the categories of Highly Skilled Migrant, Writer, Composter or Artist, Self -employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age at the date of the application for that first grant of leave. If the applicant has been granted leave since his first grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date of application for a grant of leave in a category listed in this paragraph where leave has not been granted in any category not listed in this paragraph between that grant of leave and the current application. To claim these points, applicants must fall within the age bands specified.

Source: UKBA Policy Guidance Document. From what you say, you applied on the 23rd of March 2010, therefore your age as at that date is what is being asked for by the application form.

Please correct me if I am wrong. Because in points based calculator, if i choose 23-mar-2010 as start of application, then results are different e.g.
Age: 10 points
Education: 35 points
Income: 45 points.

if i choose 01-jun-2010 (entry clearance start date), then points calculated are different:
Age: 20 points
Education: 35 points
Income: 35 points.

I have got two different answers based on my options above. Experts please share your opinion.

Please note that i am asking this also because the income points vary accordingly too.

Many thanks.

The answer is:

How many points did you get the first time? In case you got 10 points, you would get the same points again. You just can't manipulate things around to get more points.

How many points did you get the first time? In case you got 10 points, you would get the same points again. You just can't manipulate things around to get more points.

No, I don't want to claim more points. Either way, i am getting 90 points (10+35+45 OR 20+35+35).

I still have soft copy(pdf) of my initial Tier-1 self-assessment-points-calculator summary sheet and it is showing points breakdown as follows:

Attributes
======
Age 10
Qualifications 35
Earnings 45
United Kingdom experience 0
Total (75 points required) 90

English language
===========
English language 10
Total (10 points required) 10

Maintenance
========
Maintenance (funds) 10
Total (10 points required) 10

So, it means I should go for 10 age, 35 education and 45 income points combination.

warm regards,

if you apply stating that you have applied before april 2010 then will you get ur extension for 2 years and not 3 years..because u initially said you got visa for 2 years and now extension should give you visa for 3 years..

I dont know what senior members have to say but this is a question which you need to consider..

Also if you have worked in the UK for more than a year then you should get UK experience points, right?

if you apply stating that you have applied before april 2010 then will you get ur extension for 2 years and not 3 years..because u initially said you got visa for 2 years and now extension should give you visa for 3 years..

I dont know what senior members have to say but this is a question which you need to consider..

as stated earlier, currently, i have two years visa. But yes i applied before 06-Apr-2010 and i got visa in May-2010 with starting entry clearance date of 01-jun-2010 (becz i mentioned 01-jun-2010 in my initial application as date of intention to travel to UK)

Also if you have worked in the UK for more than a year then you should get UK experience points, right?

How can i get 05 points for my previous experience in UK? I got my Tier-1 initially from Riyadh, KSA based on my job there. Then, I came here in 2010 after getting Tier-1, working in same job since Nov-2010. I don't know exactly if i should claim extra 05 points, therefore, i am not claiming for my extension application.

warm regards,

I appreciate expert opinion in my case.

My understanding is:

1. I applied first Tier-1 Application before 06-Apr-2010 (23-Mar-2010).
2. I got 02 years Tier-1 entry clearance in May-2010 (starting date of 01-Jun-2010). When I received my passport at that time, i remember i looked at the visa and saw 02 years inital entry clearance while i was hoping for 03 years initial entry clearance. Even though my initial application date was before 06-Apr-2010, i decided not to check with UKBA that why 02 years initial entry clearance was given instead of 03 years.
3. After reading guidance notes, i am not clear which way to go but since my initial entry clearance is of 02 years, i am thinking to go this path:
a. 20 points for age ( as less than 30 at the time of initial entry application.
b. 35 points for masters degree. evidence provided earlier.
c. 35 points for earnings (b/w 55,000 n 64,999)
d. previous earnings, not sure, even though my current earnings since nov-2010 are from UK.
d. 10 points for english. evidence provided earlier.
f. 10 points for maintenance funds.

warm regards,

Hi

First mistake that you made is that you didn't get your VISA corrected to show 3 years leave instead of 2.

My suggestion is first chase with UK Embassy to get it corrected because as per the rules when you applied, you should be granted 3 years of leave and not 2.

You will be due for extension next year.

Chase UKBA to get your existing VISA corrected to show 3 years of grant.

My suggestion is first chase with UK Embassy to get it corrected because as per the rules when you applied, you should be granted 3 years of leave and not 2.

You will be due for extension next year.

Chase UKBA to get your existing VISA corrected to show 3 years of grant.

I don't know if it is a valid option. I think I should prefer VALID DATE on Passport, as my start of application i.e. 01-jun-2010 instead of 23-mar-2010. The reason is I have got 02 years visa and I should look for extension of 03 years. With regards to Claiming points, there isn't much difference.

Any other opinions please...

Hi,

I called UKBA and they said, I should use 01-Jun-2010 (Valid From Date) instead of 23-Mar-2010.

many thanks.

By the looks, its clear that though you applied before 06/04/10, because the decision was made after 06/04 ( proabably) you fall under the rules after 06/04. That is the reason they have given you two year visa and not three years..

So if you want to be even more clear do a point based calculator and enter your application date as your visa start date ( 01/06/10) and enter details accordingly. you will be clear on the points you are rewarded..

I really don't understand why are you not pushing UKBA to correct your Visa.

THE DATE OF APPLICATION MATTERS AND NOT WHEN YOU GET THE VISA OR VALID DATE to calculate the points.
I think you asked the wrong question to UKBA personal. The Visa valid date is indeed the date in the passport but the rules that apply to you depends upon the date of application.

If you will file for extension, and again by just looking at your earlier application date (23 March, 2010), they will issue you VISA for 2 years as you applied under 3+2 and not 2+3 and then you will land up in soup.

So do some effort now or repent later.

bond.boy203 wrote:By the looks, its clear that though you applied before 06/04/10, because the decision was made after 06/04 ( proabably) you fall under the rules after 06/04. That is the reason they have given you two year visa and not three years..

So if you want to be even more clear do a point based calculator and enter your application date as your visa start date ( 01/06/10) and enter details accordingly. you will be clear on the points you are rewarded..

If I use 23-march-2010 as date of application, points calculated are as follows:
Age 10 (28 years at time of application)
Qualifications 35 (Masters Degree)
Earnings 45 (55K+)

If I use 23-march-2010 as date of application, points calculated are as follows:
Age 20 (28 years at time of application)
Qualifications 35 (Masters Degree)
Earnings 35 (55K+)

In my case, total points remain the same.

The only difference which matters is minimum salary required to make a total of 75 points.

In case of 23-mar-2010, minimum salary reqd would be 29,000 - 31,999.99£ to get 30 points, to make a total of 75 points.

In case of 01-jun-2010, minimum salary reqd would be 35,000 - 39,999.99£ to get 20 points, to make a total of 75 points.

warm regards,

mantasingh wrote:I really don't understand why are you not pushing UKBA to correct your Visa.

THE DATE OF APPLICATION MATTERS AND NOT WHEN YOU GET THE VISA OR VALID DATE to calculate the points.
I think you asked the wrong question to UKBA personal. The Visa valid date is indeed the date in the passport but the rules that apply to you depends upon the date of application.

If you will file for extension, and again by just looking at your earlier application date (23 March, 2010), they will issue you VISA for 2 years as you applied under 3+2 and not 2+3 and then you will land up in soup.

So do some effort now or repent later.

I agree with you, because

Points-based calculator - help for "Date of 1st Application" says:
Enter the date you first successfully applied under Tier 1 of the points-based system.
For applications made from outside the United Kingdom this will be taken to be:

the date that the fee associated with the application was paid. This means the date shown on your payment receipt, which depends on how you paid for your visa application, for example, at a British Diplomatic Post, visa application centre or online.

I did paid fee on 23-mar-2010 as my vfs ref. # was like RYD/230310/xxxxx/1

By the likes of it, i should have been given 03 years initial entry clearance as rules before 06-apr-2010 should have been applied. Now you say why I didn't bother at that time to get it corrected. First, I wasn't well conversant with the rules. Second, i didn't have plans to come to UK at that time.

Overall, it doesn't matter 02 or 03 years. Reason: I came to UK in Oct-2010, meaning I already passed iniital 90 days relaxation limit and would have to get another extension just before the end of 05 years. What matters now is current extension. Nobody knows what would happen after 03 years.

warm regards,

mantasingh wrote:Hi

First mistake that you made is that you didn't get your VISA corrected to show 3 years leave instead of 2.

My suggestion is first chase with UK Embassy to get it corrected because as per the rules when you applied, you should be granted 3 years of leave and not 2.

You will be due for extension next year.

Chase UKBA to get your existing VISA corrected to show 3 years of grant.

I have got my extension now.

In approval letter, there is same observation. It states something like:

Since you applied for the first time on 24-March-2010, you should have been given initially three years and then now two years to make a total of 05 years. Since you were actually given 02 years only initially, we are giving you 03 years extension now so as to make it easy for you to make a total of 05 years, as will be required for settlement later on.

regards,