Tier 1 (General) second extension - Under old or new Rules ?

[arindam02]

I got my initial Tier 1 (General) visa for 3 years from India on the 20th January 2009 and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010.

I applied for an extension on the 3rd January 2012 in person at PEO Liverpool and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010. I was granted an extension for 2 years as per same Rules.

Since I came to UK on the 5th May 2009 i.e. 90 days after the initial Tier 1 (General) visa, I applied for a second extension on the 27th August 2013, which was approved on the 09th September 2013. I claimed points (see below) as per initial and first extension under the Rules in place before the 06 April 2010 but the points for the second extension were awarded as per rules in place after 06 April 2010, as below.

Points Claimed (as per the Rules in place before the 06 April 2010) Qualifications – 35 points, Age – 5 and Previous Earnings – 45 points, 10 points for English language and Maintenance (Funds) respectively.
Points Awarded (as per the Rules in place after the 06 April 2010) Qualifications - 35, Previous Earnings – 35 points, UK Experience – 5 points and Age – 10 points.

Did Home Office process my application correctly by considering my second extension as per new rules i.e. 06 April 2010. If not, how can I approach Home Office so that they can correct their assessment and award points as per rules before 06 April 2010. Please advise.

Your help will be very much appreciated.

[params0073]

Your last grant was after 06 April 2010(i.e your first extension) so HO was right in you application assessment.

I am not sure why you got 10 points for age while got 5 in your initial application ?

How many year extension did you got 2 or 3(should be 3 according to the rule)?


Param

[sagareva]

I got my initial Tier 1 (General) visa for 3 years from India on the 20th January 2009 and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010.

I applied for an extension on the 3rd January 2012 in person at PEO Liverpool and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010. I was granted an extension for 2 years as per same Rules.

Since I came to UK on the 5th May 2009 i.e. 90 days after the initial Tier 1 (General) visa, I applied for a second extension on the 27th August 2013, which was approved on the 09th September 2013. I claimed points (see below) as per initial and first extension under the Rules in place before the 06 April 2010 but the points for the second extension were awarded as per rules in place after 06 April 2010, as below.

Points Claimed (as per the Rules in place before the 06 April 2010) Qualifications – 35 points, Age – 5 and Previous Earnings – 45 points, 10 points for English language and Maintenance (Funds) respectively.
Points Awarded (as per the Rules in place after the 06 April 2010) Qualifications - 35, Previous Earnings – 35 points, UK Experience – 5 points and Age – 10 points.

Did Home Office process my application correctly by considering my second extension as per new rules i.e. 06 April 2010. If not, how can I approach Home Office so that they can correct their assessment and award points as per rules before 06 April 2010. Please advise.

Your help will be very much appreciated.

no, they were wrong.

you are grandfathered forever under the rules in place before 2010, if you have had your first leave as tier1 before 2010 and have not been in any other category.

whoever did this was wrong, and it is worrysome. was probably a new guy.

since you were approved anyway though, i wouldn't worry perhaps.
you should be able to articulately make the case for points uunder pre-2010 rule in your ILR application.
----


Applications for leave to remain where you have, or have 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 have not been granted leave in
any categories other than these since 6 April 2010

HAVE OR HAVE HAD

[arindam02]

Your last grant was after 06 April 2010(i.e your first extension) so HO was right in you application assessment.

I am not sure why you got 10 points for age while got 5 in your initial application ?

How many year extension did you got 2 or 3(should be 3 according to the rule)?


Param

Thanks Param, As per new rule, I should get 10 points for Age, 5 as per old rule. I got extension for 3 years....

[params0073]

Nice one enjoy your extension. I got mine for 3 years as well


Param

[arindam02]

Nice one enjoy your extension. I got mine for 3 years as well


Param

Was it a second extension for you. If yes, did you get the second extension under the new Rules or old. I still reckon, Home Office should have done the assessment under the Rules in place before 06 April 2010. They should not do the assessment under the new Rules.

Since I have got second extension under the new Rules, hence I need to apply for ILR under the new Rules only, isn't it ??

[params0073]

go through these:-

http://www.immigrationboards.com/viewto ... highlight=

http://www.immigrationboards.com/viewto ... highlight=

Mine was second and was for 3 years.

Param

[arindam02]

go through these:-

http://www.immigrationboards.com/viewto ... highlight=

http://www.immigrationboards.com/viewto ... highlight=

Mine was second and was for 3 years.

Param

Many thanks Param for your help. Have they done your assessment under rules in place after 06 April 2010. I am in the same boat

What rules will be applicable when we go for ILR, is it old or new. Do I need to calculate points as per New rules. Also, do I need to score 75 or 80 points in ILR. If its 80 as per new rules, then I'm bit worried.

Any advice and help is very much appreciated.

[params0073]

Mine was under new as my last grant was after april 2010.

For your ILR you would be assessed under Old rule and you need 75 points

Param

[O_Relly]

Mine was under new as my last grant was after april 2010.

For your ILR you would be assessed under Old rule and you need 75 points

Param

That somehow doesn't seem right, appears to me like caseworkers error to have awarded points based on new rules for your 2nd extension (both params0073 and OPs case).

The policy guidelines and also the links posted in prior state that,
The point attributes must be calculated based on the date your first application was made. See also,
http://www.immigrationboards.com/viewtopic.php?t=90855

Whereas 245CB is a little confusing, have to admit,

(a) Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.

(b) in all other cases, leave to remain will be granted for a period of 3 years.

Now to me (a) seems like saying, although the last grant was in 2011 or 2012, the rules in place before 6 April 2010 were applied at that time. Going by that, only 2 years should be granted ideally.

However we are seeing cases in the forum where 3 years have been granted, and the current 2 instances (Param and OP) where new rules have been applied although their first successful applications were pre April 2010 . So this could be an error by caseworker, and when new rules were applied, clearly according to 245CB (b) was applied and hence 3 years.

We are also seeing cases where people who had initial grant prior to 6 April 2010 ie., under old rules getting only 2 years. (This happened to a friend who applied for 2nd extn in June this year as well. His first grant was in 2008 and points were awarded based on old rules)

Also, in the PBS calculator, the only question it asks you is the date of your first successful application
and then automatically awards points based on that.

So appears the 2 or 3 years (for applicants pre 6 April 2010 going for 2nd extension) is either case worker discretion / error.

[arindam02]

Mine was under new as my last grant was after april 2010.

For your ILR you would be assessed under Old rule and you need 75 points

Param

That somehow doesn't seem right, appears to me like caseworkers error to have awarded points based on new rules for your 2nd extension (both params0073 and OPs case).

The policy guidelines and also the links posted in prior state that,
The point attributes must be calculated based on the date your first application was made. See also,
http://www.immigrationboards.com/viewtopic.php?t=90855

Whereas 245CB is a little confusing, have to admit,

(a) Leave to remain will be granted for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010.

(b) in all other cases, leave to remain will be granted for a period of 3 years.

Now to me (a) seems like saying, although the last grant was in 2011 or 2012, the rules in place before 6 April 2010 were applied at that time. Going by that, only 2 years should be granted ideally.

However we are seeing cases in the forum where 3 years have been granted, and the current 2 instances (Param and OP) where new rules have been applied although their first successful applications were pre April 2010 . So this could be an error by caseworker, and when new rules were applied, clearly according to 245CB (b) was applied and hence 3 years.

We are also seeing cases where people who had initial grant prior to 6 April 2010 ie., under old rules getting only 2 years. (This happened to a friend who applied for 2nd extn in June this year as well. His first grant was in 2008 and points were awarded based on old rules)

Also, in the PBS calculator, the only question it asks you is the date of your first successful application
and then automatically awards points based on that.

So appears the 2 or 3 years (for applicants pre 6 April 2010 going for 2nd extension) is either case worker discretion / error.

I agree with 'O_Relly', they should not apply new rules for 2nd extension when I was granted Tier 1 General before 06 April 2010. The problem which I can foresee is in ILR application as they are going to consider points as per new rules, please check the link below:

http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

As per UKBA webpage, ''Points will be awarded in the same way as for as your previous extension of stay under Tier 1 (General). If your circumstances have not changed, you will be awarded the same number of points for these attributes''.

Should I write a letter to the case worker for further clarification on this and ask to make the correction as this is not in line with the Immigration rules. Will it create any problem, if I write a letter to the Home Office. Please advise.

I will proceed as per your advice. Any suggestion from Moderator is very much appreciated.

Many thanks for all your advice so far.

[params0073]

Moderators has already provided the necessary explanation i.e

http://www.immigrationboards.com/viewto ... highlight=

If you still want to contact HO then its your wish.


Param

[params0073]

Also "You will need to score a total of 75 points if you first successfully applied before 19 July 2010 for permission to enter or remain in the UK"

It ask for first application not the last leave.So you only need 75 points.

[arindam02]

Also "You will need to score a total of 75 points if you first successfully applied before 19 July 2010 for permission to enter or remain in the UK"

It ask for first application not the last leave.So you only need 75 points.

Will the total 75 points be calculated using the Rules in place after 06 April 2010.

[mulderpf]

I got my initial Tier 1 (General) visa for 3 years from India on the 20th January 2009 and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010.

I applied for an extension on the 3rd January 2012 in person at PEO Liverpool and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010. I was granted an extension for 2 years as per same Rules.

Since I came to UK on the 5th May 2009 i.e. 90 days after the initial Tier 1 (General) visa, I applied for a second extension on the 27th August 2013, which was approved on the 09th September 2013. I claimed points (see below) as per initial and first extension under the Rules in place before the 06 April 2010 but the points for the second extension were awarded as per rules in place after 06 April 2010, as below.

Points Claimed (as per the Rules in place before the 06 April 2010) Qualifications – 35 points, Age – 5 and Previous Earnings – 45 points, 10 points for English language and Maintenance (Funds) respectively.
Points Awarded (as per the Rules in place after the 06 April 2010) Qualifications - 35, Previous Earnings – 35 points, UK Experience – 5 points and Age – 10 points.

Did Home Office process my application correctly by considering my second extension as per new rules i.e. 06 April 2010. If not, how can I approach Home Office so that they can correct their assessment and award points as per rules before 06 April 2010. Please advise.

Your help will be very much appreciated.

When you were not awarded the points you claimed in your second extension, what was the reason given?

As the rules and forms etc are all worded that you score points as per your initial application, not as per your last application, I wouldn't worry too much about it. This was clearly HO's mistake, not yours, unless something else comes to light with the reason they gave for awarding you different points to what you claimed. (Did you possibly fill out the dates wrong - for example put the date you first entered the UK instead of the date you first applied for your Tier 1 visa?).

At the end of the day, any subsequent applications will always be based on your initial one and since the mistake did not make a material difference in the outcome, I wouldn't worry too much about it.

[arindam02]

I got my initial Tier 1 (General) visa for 3 years from India on the 20th January 2009 and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010.

I applied for an extension on the 3rd January 2012 in person at PEO Liverpool and claimed points as a Tier 1 (General) Migrant under the Rules in place before the 06 April 2010. I was granted an extension for 2 years as per same Rules.

Since I came to UK on the 5th May 2009 i.e. 90 days after the initial Tier 1 (General) visa, I applied for a second extension on the 27th August 2013, which was approved on the 09th September 2013. I claimed points (see below) as per initial and first extension under the Rules in place before the 06 April 2010 but the points for the second extension were awarded as per rules in place after 06 April 2010, as below.

Points Claimed (as per the Rules in place before the 06 April 2010) Qualifications – 35 points, Age – 5 and Previous Earnings – 45 points, 10 points for English language and Maintenance (Funds) respectively.
Points Awarded (as per the Rules in place after the 06 April 2010) Qualifications - 35, Previous Earnings – 35 points, UK Experience – 5 points and Age – 10 points.

Did Home Office process my application correctly by considering my second extension as per new rules i.e. 06 April 2010. If not, how can I approach Home Office so that they can correct their assessment and award points as per rules before 06 April 2010. Please advise.

Your help will be very much appreciated.

When you were not awarded the points you claimed in your second extension, what was the reason given?

As the rules and forms etc are all worded that you score points as per your initial application, not as per your last application, I wouldn't worry too much about it. This was clearly HO's mistake, not yours, unless something else comes to light with the reason they gave for awarding you different points to what you claimed. (Did you possibly fill out the dates wrong - for example put the date you first entered the UK instead of the date you first applied for your Tier 1 visa?).

At the end of the day, any subsequent applications will always be based on your initial one and since the mistake did not make a material difference in the outcome, I wouldn't worry too much about it.

Thanks..I claimed points as per old rules i.e. before 06 April 2010 in the application form and cited all the dates correctly e.g. first visa 20th Jan 2009 etc but they turned that down and mentioned that your previous visa was given after 06 April 2010, hence you will be awarded points as per Rules in place after 06 April 2010. They changed all the points claimed and recalculated my points under new rules. Since I qualified under new rules also, hence got the extension.

My only concern now is ILR. I know, it's required to satisfy 75 points but will that be calculated as per New or Old rules, that's the area of concern for me.

[xs2ahmed]

You should be given points according to old rules if your first application was before April 2010. It is clearly mentioned on the form

Applications for leave to remain where the applicant has, or last 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 category other than these since 6 April 2010

The above paragraph applies to you. You HAD first application before 6 April 2010 and since 6 April 2010 you did not switch to any other CATEGORY, your extension was not a different category.

Hence, Old rules apply to you, it is also clear in the points based calculator, because they ask for first date of application, the date of your extension does not matter

SO essentially you've been dealt wrongly.

[arindam02]

You should be given points according to old rules if your first application was before April 2010. It is clearly mentioned on the form

Applications for leave to remain where the applicant has, or last 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 category other than these since 6 April 2010

The above paragraph applies to you. You HAD first application before 6 April 2010 and since 6 April 2010 you did not switch to any other CATEGORY, your extension was not a different category.
Hence, Old rules apply to you, it is also clear in the points based calculator, because they ask for first date of application, the date of your extension does not matter

SO essentially you've been dealt wrongly.

I wrote a letter to HO and they acknowledged their mistake and changed my assessment, given me extension for 3 years under the old rules...so all sorted now... Many thanks to all for their help

[xs2ahmed]

I wrote a letter to HO and they acknowledged their mistake and changed my assessment, given me extension for 3 years under the old rules...so all sorted now... Many thanks to all for their help

So have they updated the points you scored as well,

Could you shared your mail and their reply for our benefit as well ?

[arindam02]

I wrote a letter to HO and they acknowledged their mistake and changed my assessment, given me extension for 3 years under the old rules...so all sorted now... Many thanks to all for their help

So have they updated the points you scored as well,

Could you shared your mail and their reply for our benefit as well ?

Yes, they did in need. Updated the points and sent a new approval letter

[sparsh]

I have few doubts regarding dependent form. I am going for 2nd extension. Initial tier 1 was made in india, 1st extension in uk and now applying for second extension

K6; In which country did you obtain your visa or entry clearance? (ht)
Should it be India of UK

What date was your visa or entry clearance valid from? (ht)
should i mention original tier-1 one date or 1st extension tier-1 date?

[params0073]

I have few doubts regarding dependent form. I am going for 2nd extension. Initial tier 1 was made in india, 1st extension in uk and now applying for second extension

K6; In which country did you obtain your visa or entry clearance? (ht)
Should it be India of UK

India(Place where you got your initial EC)

What date was your visa or entry clearance valid from? (ht)
should i mention original tier-1 one date or 1st extension tier-1 date?

original tier-1 one date

[sparsh]

I wrote a letter to HO and they acknowledged their mistake and changed my assessment, given me extension for 3 years under the old rules...so all sorted now... Many thanks to all for their help

So have they updated the points you scored as well,

Could you shared your mail and their reply for our benefit as well ?

Yes, they did in need. Updated the points and sent a new approval letter

Hi Arindam02, firstly congrats for your visa, it is clear that it was an error from UKBA. What would have happened if your earnings were less to qualify based on the rules after April 2010. UKBA would have rejected and then it would have been a hassle to appeal.

UKBA should do something about this, at least add a question more in the form like is this your 1st extension? (Just a thought). I have come across few people who have been awarded points based on the new rules instead on prior to April 2010.