Tier 1 extensions

[ksegal]

Hi

I am due for an extension to my visa on 24 April 2011. I will appreciate if you are able to advise:

The question I am grappling with is whether I am covered under HSMP age extension criteria or Tier 1.

My passport is stamped with Tier 1 (General) Migrant visa (visa was given initially for a 3 year period) starting from 24 April 2008.
I am 32.
I had an HSMP approval letter dated 17 January 2008 but I believe I was granted a Tier 1 visa (as set out in passport).

Do you think I am eligible for 5 points for age for visa extension purposes as a HSMP approval letter holder or 10 points as a Tier 1 visa holder?

If anything is not clear or further information is required, please let me know.

Thanks in advance for your help.

KS

[push]

Its a bit tricky but in my opinion as you are currently on the Tier-1 VISA, you should be using the points applicable under the scheme. UKBA Guidance Note says:

Claiming Points – Extension Applications only
66. Applicants should note that the available points for age differ at extension stage depending on what date you first successfully applied under Tier 1 (General) or the Highly Skilled Migrant Programme (HSMP)

&

Extension Applications – highly skilled Migrants

69. If an applicant is currently in the United Kingdom as a Highly Skilled Migrant and is therefore applying using the extension requirements of Tier 1 (General), they can claim the following points on the basis of their
age:
•Under 30 years of age: 20 points
•30 or 31 years of age: 10 points
•32 or 33 years of age: 5 points

& lastly

Extension Applications – where an applicant has, or last had leave as a selfemployed lawyer and writers, composers and artists or as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010

67. An applicant who is already in the United Kingdom under the self-employed lawyers concession, writers, composers and artists or the Tier 1 (General) under the Immigration Rule in place before 6 April 2010 and is using the extension requirements of Tier 1 (General) can claim points as follows:
•Under 31 years of age: 20 points
•31 or 32 years of age: 10 points
•33 or 34 years of age: 5 points

Please note that whilst you got an approval to apply under HSMP, the initial grant of the leave was under tier-1. If you had used the HSMP letter before Tier-1 subsumed HSMP then your leave would have been under HSMP. Getting the HSMP letter does not equate to EC/Leave to Enter.

[ksegal]

Its a bit tricky but in my opinion as you are currently on the Tier-1 VISA, you should be using the points applicable under the scheme. UKBA Guidance Note says:

Claiming Points – Extension Applications only
66. Applicants should note that the available points for age differ at extension stage depending on what date you first successfully applied under Tier 1 (General) or the Highly Skilled Migrant Programme (HSMP)

&

Extension Applications – highly skilled Migrants

69. If an applicant is currently in the United Kingdom as a Highly Skilled Migrant and is therefore applying using the extension requirements of Tier 1 (General), they can claim the following points on the basis of their
age:
•Under 30 years of age: 20 points
•30 or 31 years of age: 10 points
•32 or 33 years of age: 5 points

& lastly

Extension Applications – where an applicant has, or last had leave as a selfemployed lawyer and writers, composers and artists or as a Tier 1 (General) Migrant under the Rules in place before 6 April 2010

67. An applicant who is already in the United Kingdom under the self-employed lawyers concession, writers, composers and artists or the Tier 1 (General) under the Immigration Rule in place before 6 April 2010 and is using the extension requirements of Tier 1 (General) can claim points as follows:
•Under 31 years of age: 20 points
•31 or 32 years of age: 10 points
•33 or 34 years of age: 5 points

Please note that whilst you got an approval to apply under HSMP, the initial grant of the leave was under tier-1. If you had used the HSMP letter before Tier-1 subsumed HSMP then your leave would have been under HSMP. Getting the HSMP letter does not equate to EC/Leave to Enter.

Push

Thanks for your response.

Please see section from 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."

Do you not think that getting the hsmp approval letter dated 18 Jan 2008 amounts to a successful application under hsmp?

Again, thanks for taking the time out.

KS

[push]

No, I think in your case it should be 24 April 2008. Do 5 points make difference to your application?

[ksegal]

No, I think in your case it should be 24 April 2008. Do 5 points make difference to your application?

yes, I am at the brink.

- If I am indeed under HSMP then I'll need to apply before end of next month although this means probably not getting to 5 year settlement.

- Hypothetically if I do go fwd under the assumption that I am under HSMP (contrary to what you (Push) mentioned), will I get the chance to reapply for the tier 1 visa after 4 yrs 9 month on this very regime.

Hopefully like you say I will be a tier - 1 category (fingers crossed).

KSegal

[pkumar]

Push and guru's,

So in this situation if someone moves to Tier 2 (company sponsored) to make up the rest of the days do you think that will work out for the ILR?

Thanks

[pkumar]

??

[push]

Push and guru's,

So in this situation if someone moves to Tier 2 (company sponsored) to make up the rest of the days do you think that will work out for the ILR?

Thanks

As per the rules in place now, yes!!

[pkumar]

Thanks!

[push]

For peace of mind you may want to see this:

What immigration category you must be in to apply for settlement

The five year continuous time in the United Kingdom can include any time you spent under any of the following immigration categories you were in before tier 2 of the points-based system:

a member of the operational ground staff of an overseas-owned airline,
a minister of religion, missionary or member of a religious order,
a qualifying work permit holder,
a representative of an overseas newspaper, news agency or broadcasting organisation,
a highly skilled worker, investor or entrepreneur in tier 1.