HSMP to Tier 1 (General) to ILR

[ATeoh]

I entered UK under HSMP on 24th June 2008 for 2 years initially. Renewed for extension for another 3 years and got granted Tier 1 (General) on 28th June 2010. I need to apply for ILR next year in June 2013.

I'm a bit confused as to which section i qualify under the new SET (O) form version 04/2012, Section 9, A7 (see below)

A7. Please confirm points being claimed for total earnings.
Applications for indefinite leave to remain where an applicant has had leave 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
£16,000 - £17,999* 5 points £29,000 - £31,999 30 points
£18,000 - £19,999* 10 points £32,000 - £34,999 35 points
£20,000 - £22,999 15 points £35,000 - £39,999 40 points
£23,000 - £25,999 20 points £40,000 + 45 points
£26,000 - £28,999 25 points

Applications for indefinite leave to remain where previous leave as a Tier 1 (General) Migrant was
granted under the Rules in place on or after 6 April 2010
£25,000 - £29,999 5 points £55,000 - £64,999 35 points
£30,000 - £34,999 15 points £65,000 - £74,999 40 points
£35,000 - £39,999 20 points £75,000 - £149,999 45 points
£40,000 - £49,999 25 points £150,000+ 80 points
£50,000 - £54,999 30 points

I'm not sure if i'm under the before 6 April 2010 or after 6 April 2010?? Can someone please advice??

After reading IMMIGRATION DIRECTORATE INSTRUCTIONS
CHAPTER 6A December 2011 (see below) i seem to think that i should be applying under the 'before 6 April 2010'. Is that the case?? As the SET (O) form is letting me think that i should be using the 'after 6 April 2010' section.


SECTION 1 – SETTLEMENT – TIER 1
Table 2 – 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

[cs95tdg]

I'm not sure if i'm under the before 6 April 2010 or after 6 April 2010?? Can someone please advice??

24th June 2008 is clearly before 6 April 2010. The rules that apply for your PBS calculation for ILR will be based on the date you made your initial HSMP/Tier1 application. See the following sticky for further information as well.

http://www.immigrationboards.com/viewtopic.php?t=90855