Tier 1 (General) Extension-Bachelor degree points confusion?

[xpscapable]

Hi,

Due to work circumstances I would like to extend my Tier 1 early, but I'm mightily confused with the points wording in the policy guidance. I'm not entirely sure how many points I can be awarded. This is my case:

* Applied HSMP in 30th June 2007 - Bachelor degree awarded 30 points
* Extended under Tier (1) in 30th June 2009 - Bachelor degree awarded 30 points

And now I'd like to extend early (various reasons).

From the online points calculator it seems that I can get 30 points from my Bachelor degree because I believe my original entry was under HSMP. And I saw this in the points calculator:

"If you are applying under Tier 1 (General) of the points-based system this must be on or after 29 February 2008. If you first successfully applied under the Highly Skilled Migrant Programme (HSMP), Self Employed Lawyers concession or the Writers, composers and artists category and you are applying under Tier 1 (General) enter 29 February 2008. "

I read that since I first successfully applied under HSMP I should enter 29th February 2009. So with this option I get 30 points on my Bachelor degree.

However in the policy guideline I'm reading this:

"56. 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."

So what does that mean? Can I extend my Tier (1) or not? I'm confused because according to 56.(a) I can't claim my 30 points on Bachelor degree but according to 56.(b).(ii) I can because my initial entry was HSMP in 2007?

This needs to be clarified really. I'm a bit confused. Can anyone interpret that to me? Should I be worried for my ILR?

[geriatrix]

The following explanation should help figure out the answer to your query:

56(a) applies to only those whose "entry clearance" was issued based on an application under the rules applicable during the period stated.
56(b) applies to only those who applied to "switch" to Tier 1 (General) (i.e.- changed from a non - Tier 1 (General) or non-Tier 1 (General) predecessor categories to Tier 1 (General) category) during the period stated.

[xpscapable]

Hi sushdmehta,

Thanks for your answer. So in 56.(a), "Entry Clearance" means the HSMP right?

Therefore because I "switch" to Tier 1 (G), and the switch is from HSMP then I should get 30 points from my Bachelor degree?