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Dilemma!!

Posted: Mon Jun 24, 2013 10:03 pm
by drdh4
Hi all,

Please take a moment to read my situation and advise me in any way possible!

Here is the summary of my situation;

HSMP granted in December 2008
Tier 1 (G) granted in December 2010 (valid till Jan 2014)
The points shown for my Tier 1 are as follows;
Age - 20 points
Qualifications - 30 points
Previous earnings - 25 points
UK experience - 5 points
TOTAL - 80points

When I was checking the UKBA website, I came across Table 2 and Table 3 regarding points.

According to the website, Table 2 applies to;

"Applications for leave to remain and indefinite 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"

Table 3 applies to;
All other applications for leave to remain and indefinite leave to remain


According to my understanding I fall into the Table 2 category, as my initial application under HSMP was in Dec 2008 and my extension as Tier 1 (G) was in Dec 2010.


I was told by someone that I fall into the category of Table 3 as I had my extension in Dec 2010. I cannot understand the logic behind this. According to table 2, I have to show earnings of 25K, but if I am to fulfill the criteria of Table 3, I have to show 40K!!!!

Please, please help me sort this out as I really need to find out the correct procedure because I currently earn 26K.

Thanks in advance and thank you for taking the time to read this.

Re: Dilemma!!

Posted: Mon Jun 24, 2013 10:16 pm
by paba89
drdh4 wrote:Hi all,

Please take a moment to read my situation and advise me in any way possible!

Here is the summary of my situation;

HSMP granted in December 2008
Tier 1 (G) granted in December 2010 (valid till Jan 2014)
The points shown for my Tier 1 are as follows;
Age - 20 points
Qualifications - 30 points
Previous earnings - 25 points
UK experience - 5 points
TOTAL - 80points

When I was checking the UKBA website, I came across Table 2 and Table 3 regarding points.

According to the website, Table 2 applies to;

"Applications for leave to remain and indefinite 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"

Table 3 applies to;
All other applications for leave to remain and indefinite leave to remain


According to my understanding I fall into the Table 2 category, as my initial application under HSMP was in Dec 2008 and my extension as Tier 1 (G) was in Dec 2010.


I was told by someone that I fall into the category of Table 3 as I had my extension in Dec 2010. I cannot understand the logic behind this. According to table 2, I have to show earnings of 25K, but if I am to fulfill the criteria of Table 3, I have to show 40K!!!!

Please, please help me sort this out as I really need to find out the correct procedure because I currently earn 26K.

Thanks in advance and thank you for taking the time to read this.
You have been told wrongly as the point system will be same as when you appled initially.

Posted: Tue Jun 25, 2013 10:45 am
by vivdubes
Table 2 should be followed as you got the initial or first visa befor April 2010. You need to show 75 points....

Posted: Tue Jun 25, 2013 12:39 pm
by loveworld
definitely somebody said wrong info to you.

When you first applied same table applies now, Read SET O form + guidance it is there.

Posted: Tue Jun 25, 2013 3:11 pm
by barker
Table 2 will apply to you as the following statement is true for your case

and has not been granted leave in any categories other than these since 6 April 2010

Your extension in December 2010 was within the same set of rules and was not in a category other than those listed.

Posted: Tue Jun 25, 2013 11:05 pm
by drdh4
Thanks all, really appreciate your input..