Degree no longer on PBS Calculator, was there earlier

[mantasingh]

Dear Gurus

I am on Tier 1 General VISA and my ILR is due in February, 16 based upon 5 year continuous stay.
I found that my degree is no longer giving me English Language points on PBS. Also I can't gauge whether my degree is still equivalent to UK Bachelors degree.

Earlier during my Tier 1 General application and 2 subsequent extensions, it was recognised and I use to get 30 points for Bachelors Degree and 10 points for English Language.

I am confused with the question on application form SET(O).
On page 38 under Qualifications Assessment
If you have claimed points for a qualification on a previous Tier 1 (General) application and sent in evidence of the qualification at that time, you should still list this qualification in this section below. However, you do not need to provide this evidence again in order to claim points for this
application


Then under B2 question on Page 39, it says " Please indicate your method of verifying your qualification:"
1. Qualification recognised on the points-based calculator.
2. Qualification recognised on the points-based calculator and evidence submitted as part of previous Tier 1 (General) application.
3. Qualification not on the points-based calculator, but a UK NARIC letter and/or certificate is enclosed.

There is no option for:
Qualification no longer on Point based calculator but evidence submitted as part of previous Tier 1 (General) application.

So totally confused what to do.
I wish to know how best to proceed in this scenario.

Q1: Do I need to get NARIC certificate for my Degree?

Q2: If yes, Do I need both NARIC certificates i.e. English Language Assessment and Statement of Comparability?

Please help.

[Macro_Run]

Q1. If Tier1(G) is no more available in the PBS calculator, did you try with Tier2 General category?
Q2. Is it for Bachelor degree or Master degree?

[mantasingh]

Hi Marco
Thanks for reply.

I tried Tier 2 and my degree is there. But on English Language points it shows 0.
I have got the UK NARIC letter now which confirms that my degree course is considered to meet the requirements of CEFR level B1.

My degree is bachelors.

In section 4, I am not able to understand which option is applicable. I think the best option is the below but still confused

An academic qualification deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom and:
˗ UK NARIC has confirmed that the qualification was taught or researched in English; or

I have the second piece that NARIC has confirmed English assessment... But I don't have that UK NARIC recognised standard of a Bachelor's....

Also under Qualification section 9 (Qualification assessment) which option to tick is confusing.
1. Qualification recognised on the points-based calculator. (Don't know as qualification section is no more there on Tier 2 on pbs)
2. Qualification recognised on the points-based calculator and evidence submitted as part of previous Tier 1 (General) application. (This seems best possible but again not sure)
3. Qualification not on the points-based calculator, but a UK NARIC letter and/or certificate is enclosed.
4. Qualification not on the points-based calculator, but a UK NARIC letter and/or Certificate was provided with a previous Tier 1 (General) application..

Please advice.

[vijayj]

get naric bsc comparability report
and also get naric English assessment report
if your bsc is compared to uk degree and you have naric English assessment of that bsc i think you are good to go.

[mantasingh]

Thanks for your responses.

This is clarified now.
1. English Language: As per case worker guidance, UK NARIC will issue English Language Assessment letter only when UK NARIC deems the qualification as equivalent or higher to UK Bachelors degree.
I got English Language Assessment at CEFR Level B1, hence I am fine with this.

2. Qualification: My choice will depend based upon how I verified my qualification with my previous extension application

This is confirmed in my below FOI request to Home Office.
https://www.whatdotheyknow.com/request/ ... ion_and_en

Hope this helps someone else as well.

[mantasingh]

Hi

I came to UK first time in Feb, 11 on Tier 1 General.
I was deputed to UK through an Indian company.
I went out of UK as per below.
1. 4 Days Trip to France (paid leave) (Aug, 11)
2. 25 Days Trip to India (paid leave) (Feb-Mar, 12)
3. 78 Days in India as I was sent back to India by my company due to cost cutting by the client. (Aug-Oct, 12)
During these 78 days, I received salary in India for the months of Aug, Sept, Oct.
I resigned the company and travelled back to UK and found a new job in UK.

Since then I have never been out of UK. My ILR is due in Jan, 16 based upon 5 yrs continuous residence.

Please let me know whether my continuous residency is broken due to 78 days of being out of UK and on Indian salary.

[mantasingh]

Hi Gurus

Please help me.
What are my options?

I think below might be my options but need confirmation.
Option 1: Get letter from ex-employer which mentions that Aug, 12 - Oct, 12 absence was for Business reasons.
But it is highly unlikely that my ex-employer will give me the letter.


Option 2: I have got Tier 1 visa unitl Apr, 17.
Hence I can plan to apply on 1st Sept, 16.
In this way I can split my 78 days over 2 years
1 Sep, 13 - 30 Aug, 12 = Total days 50 (Working days 37)
1 Sep 12 - 30 Aug, 11 = Total days 50 (Working days 37)

Now as per the document at below link:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Interim caseworker action – missing evidence
If an applicant is required to provide specified documents from their employer explaining their absences and fails to do this, and the absences do not exceed 30 working days plus statutory public holidays per annum (for example, such absences are likely to be consistent with paid annual leave), you can choose, having regard to all the circumstances of the case, to consider the application without this documentation.
You still need evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays.

I think using the above clause, there still might be a chance of success as all my other documents have no issues.

Please suggest.

[geriatrix]

It all depends on the caseworker!

If the caseworker says the immigration rules require you to provide employer letter (true), you are in trouble.
If the caseworker ignores the requirement since your absences are so less, you will have ILR.

No one here on the forum can tell you who of two kinds will end up processing your application.

[mantasingh]

Hi sushdmehta

Thanks for your reply.
So best chance is to get the employer letter. So here are couple of more questions regarding that:
(Long post but I request you to provide answers to all questions)

Q1: What minimum piece of informations need to be there on employer letter?
Like I will try something like below from the employer
To UKBA
......

<Applicant> was employed by <Company> from Sept 2006 to 19 Oct 2012. During this tenure he was deputed to UK from Feb, 11 onwards.
Below is the list of his absences from the UK.
1. 4 Days to France - Vacation (I will add dates here)
2. 17 Days to India - Vacation (I will add dates here)
Now the important one
3. 78 Days in India - Work Related. Aug, 12 - 19 Oct 2012.

For any reference checks, please contact us.

Signed
<Signature>

Q2: Does this letter has to be in wet signature or online copy with electronic signature will work? Electronic signature means that the image of the authorised signatory's signature.
This question because all the letters issued by the employer are online through a tool and can be downloaded and printed as and when required. May be they will send something same to my email id on my request

Q3: This question is crucial
I resigned that organisation in India and got relieved from services on 19 Oct, 2012. Then I travelled to UK on 21 Oct, 2012 and found a new job. I joined my new Job in UK on 5 Nov, 2012 and since then I am in job with no break at all.
a: Now when the employer letter state that I was with them from Sept 2006 - 19, Oct 12 and then they say under absences section, that I was in India from Aug, 12 to 19 Oct, 12 for Work Related, will this be an issue? Question because the last day of employment and last day of absence that employer will quote will be same.

b: Also I was without job on 20 Oct & I was in India. And I was in UK from 21 Oct until 4th Nov without a Job. Will this cause any issues?

I request all the gurus to please guide me on the best course of action.
Thanks in advance

[geriatrix]

1. Read 245AAA and 245CD-SD.
2. I can provide you with electronic signature of Obama, should you need him to sign a letter! Will the HO accept it is another matter.
3. A simple explanation of facts (absent from UK while not employed) in your own words should suffice.

[mantasingh]

Thanks a lot.
I think I got all the information points that I need.
I will hire a professional solicitor and see what best can be done.

Once again this forum has helped... Super