Immigrationboards.com

Hi Everyone,

I am applying for ILR in the next couple of weeks and realised that the B3 qualifications in section 9 in form SET(O) -page 19 doesnt cater the criteria for HSMP applicants with bachelors degree who switched (extended their stay) to Tier 1 General between 31st March 2009 and 06th April 2010.

I entered thed UK in Aug 2006 as a WP holder and Switched to HSMP on 6th Feb 2008 and extended to Tier 1 general on 19th Oct 2009.

Is there anyone with the similar case?, If so, how are the people with HSMP/Tier 1 and bachelors degree claiming the points for qualifications when applying for ILR.

thanks
B

dont worry, according to immigration directorate instructions you should be able to claim points for bachelors degree for ILR.
Following is mentioned in chapter 6A of Tier1 IDI.


http://www.ukba.homeoffice.gov.uk/sitec ... chapter6a/

and see "Section 1 - Points-based system, Tier 1 settlement guidance "

Hi

I am in the same situation. As sab124 has already mentioned, (I believe) we should not worry about this.

The explanation on the form is confusing; however the immigration law mentions it more clearly.

Although we have got our last Tier 1 extension between 31st March 2009 and 06th April 2010, the rules applied were the rules that were in place before 31st March. You might remember we even then filled a separate section as we had had our first leave with different rules.

According to law: [http://www.ukba.homeoffice.gov.uk/polic ... appendixa/]

13. 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.

(a) is not relevant to you as it says "entry clearance" whereas your last extension was a "leave to remain" and your "entry clearance" must be way before than 31 March 2009.
(b) (i) As mentioned above our last extension was granted under the rules valid before 31 March 2009, although the application was after that day
(ii) Even if I am wrong in what I said about point (i), this point (ii) says "previous leave to remain was not a Tier 1/HSMP". However, yours (also mine) is.

Point (i) and (ii) are conjugated with the word "and" which means we are out of (b) as well.

The above is my interpretation and hope it's not wishful thinking.

Cheers...

Thanks guys... that link was quite handy ... and it finally made me feel that this is something that i should be worried about...