Tier 1 Extension Dilemma

[mtuckersa]

I truly dont understand these new rules for especially for Tier 1 extensions(released 1st July 2010). I have a visa expiring in August 2011. I originally applied on 11th March 2008 and got approval HSMP/Tier 1 on 27th June 2008. I entered the UK mid September 2008.

Now I have been following this visa thing in the news for quite some time and have always noticed the government/UK immigration always saying that you will always have the same rules applied for extensions based on the rules that you came into the UK. This has been said over and over again over the last couple of years. Based on this I have bought a house and a new car and really set my life up here in the UK. I live up north where salaries are lower than London and now fall short of 5 points on the new point system.

I find this ridiculous, people set up their lives only for UK immigration to change the rules. You cant plan your life under such circumstances. This sort of thing was challenged in court in 2006 and they won so would think they wouldnt do it again but it seems they have. I am considering taking this to court myself if need be as I feel I have been misled.

Any thoughts/comments on this? Have I missed something or got something wrong? I am sure there are plenty in the same scenario as me....

[nionlight]

new point wont effect you since you will be extanding not applying for new Tier-1. so you are fine about point. but i am not sure about the CAP. if it will count the extension applicants or not. hopefully it wont otherwise there is a possibility of another battle in high court.

[mtuckersa]

it clearly states under point 1.5, "It will therefore include in-country
migrants switching into, and extending under, Tier 1", so this will affect me as well

1.5 Only Tiers 1 and 2 of the PBS are in scope for this work. Our
recommended limit for Tier 1 will apply to the current Tier 1 general route
only, including dependants. It will apply to inflows into and from within Tier 1
from both within and outside the UK. It will therefore include in-country
migrants switching into, and extending under, Tier 1.

[mtuckersa]

just to clarify on the old points system i needed 75 points (30pts education + 45pts earnings,

on the new point system i need 95pts points I only achieve 90pts = (30pts education + 30pts earnings + 5pts age + 5pts experience 10pts english + 10pts maintenance) = 90pts