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Hi,
I would seek help from fellow or senior members of the forum on their interpretation of the following in the ILR form:

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.

To correlate the things, I was initially granted HSMP on 30 April 2007,
Then I got extension as Tier 1 (General) starting from 30 April 2009. The Tier 1 extension was granted on 5th April 2009 though..

Thanks for your responses in advance.

Don’t worry, you will be fine.

My dates are similar to you and we will be able to claim 30 points for the Bachelors Degree as we claimed it in previous applications.

This rule looks confusing but I have done enough research on it, so don’t worry and relax.

read paragraph 245CD of Immigration directorate and section 6A , you should be fine

Below is an email I sent to UKBA and they confirmed that I can still claim points for Bachelors Degree.
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Hi,

Please can you take a look on the Page-19 of the form SET(O) Version 04/2011. There is contradiction between Page-19 and the Chapter 6A of the Immigration Directorate Instructions (Tier 1 Settlement)" which needs to be corrected.

According to Page-19 of the form (regarding Bachelors Degree):
“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".



And the Chapter 6A of the Immigration Directorate Instructions says about Bachelors Degree:
"* 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."


My observation:
On Page-19 of the SET(O) form where it says “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" , it also needs to include “Highly Skilled Migrant” category as per the Chapter 6A of the immigration directorate.

sanyamkaushik wrote:Hi,
I would seek help from fellow or senior members of the forum on their interpretation of the following in the ILR form:

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.

To correlate the things, I was initially granted HSMP on 30 April 2007,
Then I got extension as Tier 1 (General) starting from 30 April 2009. The Tier 1 extension was granted on 5th April 2009 though..

Thanks for your responses in advance.

Hello,

I'm in a similar situation & was suggested in this forum(by linkers and others) that if I have claimed points before for bachelor degree then I should be able to claim same points for ILR. Though I was awarded Tier1 after 31th march (sometime in may) i am hoping that it will work.

Caution:
I called Ukba regarding this issue they weren't really helpful and I was told that I won't be able to claim points so better to make a call and see if you get different reply and feedback to us here?