Hi guys,
I have checked the points based calculator and there is a section for
"Enter the date of your first successful tier 1 application" , the help for which is as follows:
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Points-based calculator - help
Enter the date you first successfully applied under Tier 1 of the points-based system.
If you are applying under Tier 1 (General) of the points-based system this must be on or after 29 February 2008. If you first successfully applied under the Highly Skilled Migrant Programme (HSMP), Self Employed Lawyers concession or the Writers, composers and artists category and you are applying under Tier 1 (General) enter 29 February 2008.
If you are applying under Tier 1 (Post Study Work), Tier 1 (Entrepreneur) or Tier 1 (Investors) this must be on or after 30 June 2008.
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And since I successfully applied under HSMP, I selected 29 Feb 2008. I was able to get the 30 points for my bachelors degree. Please correct me if I have overlooked something.
I might also need a 2nd extension as I am at 30 days short of ILR "as per current rules or guidelines. "
(Another curious thing is my 4 year and 11 months ends on a friday. So if I am applying on that day for ILR by post, my aplication would only reach UKBA on monday or tuesday at the earliest and this will cause my period of stay to come inside the last 28 days of stay. Just wondering if it would be ok to think for a positive outcome in this case ???
In the policy and law section for ILR for Tier1 , for calculating the continous period of 5 years its says the following ::
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
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Annex A – Calculation of the five year period for settlement
In assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided the applicant has clearly continued to be based here.
Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
or
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there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than three months duration, and they must not amount to more than six months in total for the whole five year period..
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SO will it be ok to say that the first 30 days absence in the five year period was due to some personal reasons or obligations at home etc ?? I mean will it be a valid case ??
)
Well all this argument holds if the rules or guidelines remain the same in 2012.
Thoughts welcome
cheers,
alladin
hsmpOct2008 wrote:MJNair wrote:I think they put this clause in to make sure that people who got their Tier 1's (not the extensions) after March '09 did not use the bachelors degree to gain extra points in case they were short of earnings points.
this is not clear to me.
If somebody did apply first time for Tier1 after March09, it means they did so on the basis of a masters degree.
And you can claim points only for 1 qualification.
So whats the point of not allowing them to claim for bachelors, I mean even if they could, I dont see why they would claim for bachelors when they could claim for their masters degree that has more points.
In a similar situation myself, with a hsmp in 2008 and a tier1 extension in june 2009.
so can we still use bachelors degree for claiming points in the 2nd extension keeping in mind what MJNair says in his first post ?
Many thanks.
