Urg Second extension Query(HSMP-Tier1 from Apr 09 to Apr10)

[jimmymcad]

THanks Tipu once again for the explanation, I have read that help before.
That means answer to my first question is 29 Feb 2008? If you can answer inline with the questions below, will be great.

Q1) On the PB Calculator:- Enter the date of your first successful tier 1 application. (I presume this should be that when i was awarded the date of Tier1 application which should be 9 June 2009).

A)So i should put the date "29 February 2008", in order to be assessed by rule before 29 March 2009.

Q2) Are you in the United Kingdom under the Highly Skilled Migrant Programme (HSMP)? If you think you may be covered by the terms of the HSMP Forum Judicial Review Policy Document see `Help on this question' before answering this question. What do i select here, as i am no longer in HSMP but in Tier1 under old HSMP Rules If i select No here, the PBS calculator doesnt award my points for degree point, but if I select yes, bachelor degree shows points?

A) Should i write here, HSMP or Tier1?


Q) As you suggested, i should provide my last assessment to UKBA for my bachelor degree points, so i will be fine with it as if i go with the option NO in above Question, I should only claim points for the degree rather than select the degree? Please confirm

A) I will provide them the old assessment form.

Q) As i am short of 2 months for ILR, I need to apply for further extension, as i have almost 1.5 years left on visa and no one knows what new rules they would impose, in that case, should i apply now, atleast it will give me 4 months more and i would be qualifying for ILR easily after 5 years.


Many thanks once again for removing my confusion....Waiting to hear.

[tipu20]

THanks Tipu once again for the explanation, I have read that help before.
That means answer to my first question is 29 Feb 2008? If you can answer inline with the questions below, will be great.

Q1) On the PB Calculator:- Enter the date of your first successful tier 1 application. (I presume this should be that when i was awarded the date of Tier1 application which should be 9 June 2009).


A)So i should put the date "29 February 2008", in order to be assessed by rule before 29 March 2009.

in my opinon Yes


Q2) Are you in the United Kingdom under the Highly Skilled Migrant Programme (HSMP)? If you think you may be covered by the terms of the HSMP Forum Judicial Review Policy Document see `Help on this question' before answering this question. What do i select here, as i am no longer in HSMP but in Tier1 under old HSMP Rules If i select No here, the PBS calculator doesnt award my points for degree point, but if I select yes, bachelor degree shows points?

A) Should i write here, HSMP or Tier1?

You are not under HSMP JR but HSMP PBS->Tier 1, once you put above date then select Tier 1 extention

Q) As you suggested, i should provide my last assessment to UKBA for my bachelor degree points, so i will be fine with it as if i go with the option NO in above Question, I should only claim points for the degree rather than select the degree? Please confirm

A) I will provide them the old assessment form.

No need for this, Points calculator will award points based on the date you entered


Once the above

Q) As i am short of 2 months for ILR, I need to apply for further extension, as i have almost 1.5 years left on visa and no one knows what new rules they would impose, in that case, should i apply now, atleast it will give me 4 months more and i would be qualifying for ILR easily after 5 years.

I am in similar boat, worst case you will lose the fee

Many thanks once again for removing my confusion....Waiting to hear.

All above is in my opinion and according to my understanding, If you need definate answers then consult some immigration lawyer

Regards,
Tipu

[jimmymcad]

Hi Tipu, thanks very much for your every comments.

That is really true, and when i put 29 February 2008 on the date, and i then select Tier 1 extention, every thing comes perfectly as per old rules and I got my degree points equivalent to 30...... that's cool actually.

So the point is now just to double check, whether what date should i need to write? I will wait for any other senior members to comment now on this?

So, what is your arrival date? and when did you get your HSMP? if you write about yourself a bit?

Many thanks once again.

[tipu20]

Answer is here in points based calculator help as included above.

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.

Hi Tipu, thanks very much for your every comments.

That is really true, and when i put 29 February 2008 on the date, and i then select Tier 1 extention, every thing comes perfectly as per old rules and I got my degree points equivalent to 30...... that's cool actually.

So the point is now just to double check, whether what date should i need to write? I will wait for any other senior members to comment now on this?

So, what is your arrival date? and when did you get your HSMP? if you write about yourself a bit?

Many thanks once again.

[jimmymcad]

Thanks again for your reply,

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.

I think that highlighed in red "FIRST" is saving me, even though now my current leave to remain is under Tier 1, i should write 29 Feb 2008 here i believe?

More confusions in the filling the Tier 1 form if we can go through each :-
If you go on to page no 30

Section 3 - Tier 1(general ) Details:-

A) Is the applicant making an application for
a- An initial Grant to leave switching under Tier1(General)

b- An extention of leave within Tier1 - Go to Question C.

I select option B and go to section C

Question C
C) Is the applicant current in the UK under

a- Tier 1(general) or the self employed... GO to Section 3B
b- The Highly Skilled Migrant Programme Go to Section 3C


I think, i have to select here option A which is GO TO SECTION 3B
Because i am no longer on HSmp but Tier 1 now. Correct me if i am wrong.

On section 3B page 41:-

R2. Please indicate the applicant's method of verifiying his/her qualification

I have to select Qualifcation recogized on the point based calculator. ( Please note my qualification appears only if i chose date "29 Feb 2008" on the PBS calculator . Correct me if i am wrong please

Now if you see on the same page:-

N3. Please indicate the points being claimed for the applicant’s qualification including equivalent professional/vocational qualifications:
Applications for leave to remain where an applicant has, or last 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
PhD 50 points
Masters degree 35 points
Bachelors degree* 30 points (I select bachelor degree here)

* an applicant can only claim points for a Bachelor’s degree level qualification if they have, or have last been granted, leave to enter or remain as a Tier 1 (General) Migrant, Writer, Composer or Artist or a Self-Employed Lawyer Person; and that leave was granted before 31 March 2009

Can you really see what kind of confusing statement is this?

That is what i do not understand, my tier 1 leave had been granted on June 2009. I think in anycase i have to select Bachelor Degree here due to the fact written in guidance note on page 14,15,16...


N4. I need to tick of just Evidence previously provided with the applicant's initial Tier1 General Application.

Please if you can see read one by one, and i think that's it really.

Many thanks once again for following up every single bit with me.

[tipu20]

As i said earlier it's rules under which you was granted the extention not the date on which you was awarded the visa, You are confused on one wording where there are 4-5 other places where it's clear that it's based on rules not on the date.

points calculator itself gives you points for you BA degree hence i don't think you need to worry about as you can always go to AR and you will have sufficient evidence to prove that you do qualify for your BA degree points.

Thanks again for your reply,

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.

I think that highlighed in red "FIRST" is saving me, even though now my current leave to remain is under Tier 1, i should write 29 Feb 2008 here i believe?

More confusions in the filling the Tier 1 form if we can go through each :-
If you go on to page no 30

Section 3 - Tier 1(general ) Details:-

A) Is the applicant making an application for
a- An initial Grant to leave switching under Tier1(General)

b- An extention of leave within Tier1 - Go to Question C.

I select option B and go to section C

Question C
C) Is the applicant current in the UK under

a- Tier 1(general) or the self employed... GO to Section 3B
b- The Highly Skilled Migrant Programme Go to Section 3C


I think, i have to select here option A which is GO TO SECTION 3B
Because i am no longer on HSmp but Tier 1 now. Correct me if i am wrong.

On section 3B page 41:-

R2. Please indicate the applicant's method of verifiying his/her qualification

I have to select Qualifcation recogized on the point based calculator. ( Please note my qualification appears only if i chose date "29 Feb 2008" on the PBS calculator . Correct me if i am wrong please

Now if you see on the same page:-

N3. Please indicate the points being claimed for the applicant’s qualification including equivalent professional/vocational qualifications:
Applications for leave to remain where an applicant has, or last 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
PhD 50 points
Masters degree 35 points
Bachelors degree* 30 points (I select bachelor degree here)

* an applicant can only claim points for a Bachelor’s degree level qualification if they have, or have last been granted, leave to enter or remain as a Tier 1 (General) Migrant, Writer, Composer or Artist or a Self-Employed Lawyer Person; and that leave was granted before 31 March 2009

Can you really see what kind of confusing statement is this?

That is what i do not understand, my tier 1 leave had been granted on June 2009. I think in anycase i have to select Bachelor Degree here due to the fact written in guidance note on page 14,15,16...


N4. I need to tick of just Evidence previously provided with the applicant's initial Tier1 General Application.

Please if you can see read one by one, and i think that's it really.

Many thanks once again for following up every single bit with me.

[jimmymcad]

Thanks Tipu, my confusion is removed now, It is i am just asking now, if i am filling the form correctly. If it sounds ok...?

and these comments will also help others. Many thanks

[shaik.leeds]

Hi,

I am also in the same situation, Even I need to go for 2nd extension, as i was away from UK for 6 months.

I have converted from HSMP to Tier 1 General for extension of HSMP. Now I need one more extension.

Could any body let me know who has the same issues as of us.

Any suggession on this?

Regards,
Shaik

[jimmymcad]

Can you write down a bit detail too regarding your HSMP Approval Date and Tier1 validity, and if someone please verify thati am filling the form correctly as mentioned above ? Many thanks.....

[jimmymcad]

Hi,

I am in the same boat, and thinking whether I should go for an early extension or not. Although i have read on the HO Website that, there is no harm in applying early, it is just they will award you visa from the visa stamping date.

When did you apply for your extension last time?
Did you try Home Office PBS calculator? Are you getting points on Bachelor's degree? I am waiting for any senior member to confirm that if i am filling the form appropriately, but it seems no one is there to confirm....

Regards,
Jimmy

[NeoZ]

This is interesting.

Are there any senior members/experts who understand this? One thing I am sure about is that if you switch from HSMP to Tier1, the new approval letter clearly states that all your rights under HSMP are over and you must follow Tier1 from here onwards. So, under that guidance, can one still qualify for HSMP rules for extension (.i.e. 2nd extension??)

Any expert comment?

[jimmymcad]

Yupe, waiting for any senior, or admin to comment.....please push, sush, chetan or anyone? Many thanks

[NeoZ]

Looks like no one here really understands this. Hope you get some advice from professional lawyer.

[push]

Yupe, waiting for any senior, or admin to comment.....please push, sush, chetan or anyone? Many thanks

Doesn't the following help you?

80. There may be a very small number of applicants who are currently in the United
Kingdom under Tier 1 (General) or the Highly Skilled Migrant Programme and whose qualification has previously been assessed to be of a higher level than shown by the Tier 1 (General) points based calculator. These applicants may claim the higher points score, in line with the previous assessment, provided they are using the same qualification as used in their initial application. Appendix A paragraph 7 of the Immigration Rules gives more details

This is what para 7 of App A says:

7. If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant's last successful application for leave or for a Highly Skilled Migrant Programme Approval Letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too

[jimmymcad]

Thanks very much Push, I understood the following mentioned point. i just need some clarificationa and guidance to fill the form and point based calculator.

I am pasting that content again for your perusal...

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.

Q) Should write 29 Feb 2008?


Q) If i am under HSMP. If to check whether i am covered by JR? NO i believe,


Q) I should select the SECTION 3B to fill the form? Right?


Many thanks,
JImmy

[jebaanandhan]

@jimmy
I am in the same boat. But i have got the clear picture for this problem.

First i clear few things

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.
>> This is only applicable to people who are applying Tier1 extension now and who had previous visa as HSMP which is stamped before Feb 2008. Note here. This sentence is not valid for people who had HSMP and extended to Tier1 and again extending Tier 1.

Before see the situtation, lets see the 30Mar2009-Apr2010 condition. Basically this is framed for people who got Tier 1 (initial) visa [ Masters degree was minimum requirement] and try to apply Tier 1 extension . So
Master degree requirement is must for them. However, This condition does not applicable to people who got Tier1 extension between 30Mar2009 -Apr2010 and trying to extend the visa again.Logically, Master degree requirement was not applicable for them when they applied for extension during Mar2009-Apr2010. However, The condition is not clear.

Basically following condition is applicable for people who had HSMP and extended Tier1 between March 2009 and Apr2010 and try to extend again.

7. If the applicant has, or was last granted, leave as a Tier 1 (General) [Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant's last successful application for leave or for a Highly Skilled Migrant Programme Approval Letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too

[rizwan567]

Round and round again.....Nobody is paid for here to answer endless arguments started by you.

We have tried hard to satisify you but in vain. You will only be satisifed if you receive soemthing in writing from UKBA confirming your position. So better get in touch with them to get your position cleared.

Commonsense prevails confused.com!

[Anio]

Jimmymcad and Jebaanandham, please post any responses/ solutions you get from UKBA as I'm also in the same boat.

Thanks.

[jimmymcad]

To Rizwan, Really, i thought, you were paid to answer my posts....
Chill mate!!. Do not apply your furstration here if you do not understand anything.

FYI i have already asked HO to clarify? They have replied really in a ridiculously manner, that whatever the rule is, if you are not qualifying simply you are not then.

Besides all these, i have already written that i understood all the points and have gathered enough points now . I am in a middle of filling my application, and i wanted to counter check if i am filling the form correctly. This will not just benefit me, but many others in my situation will get benefited by this.

Hope you will understand this. Anyways I will post my updates

[tipu20]

Thanks very much Push, I understood the following mentioned point. i just need some clarificationa and guidance to fill the form and point based calculator.

I am pasting that content again for your perusal...

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.

Q) Should write 29 Feb 2008?


Q) If i am under HSMP. If to check whether i am covered by JR? NO i believe,


Q) I should select the SECTION 3B to fill the form? Right?


Many thanks,
JImmy

yes I also think this is correct, i will also be applying in march & will update... do let us know how this went for you.

[jebaanandhan]

@jimmy
Don't rely on the reply from UKBA as the person may not able to read the context of your email completely. Find the contact name Legislation rules pdf and send the query directly to the person.

For HSMP candidates, who got Tier 1 extension during Apr2009 - March 2010, can claim bachelor degree. According to form, it will not allow you to select the points. but you have to select it and explain the appendix 7 A immigration rules in your covering letter.

[tipu20]

Thanks very much Push, I understood the following mentioned point. i just need some clarificationa and guidance to fill the form and point based calculator.

I am pasting that content again for your perusal...

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.

Q) Should write 29 Feb 2008?


Q) If i am under HSMP. If to check whether i am covered by JR? NO i
believe,


Q) I should select the SECTION 3B to fill the form? Right?


Many thanks,
JImmy

yes I also think this is correct, i will also be applying in march & will update... do let us know how this went for you.

I also found this http://www.ukba.homeoffice.gov.uk/polic ... appendixa/ , might be useful to clear the things.

[Anio]

@jimmy

For HSMP candidates, who got Tier 1 extension during Apr2009 - March 2010, can claim bachelor degree. According to form, it will not allow you to select the points. but you have to select it and explain the appendix 7 A immigration rules in your covering letter.

Jebaanandhan, this is confusing for me as my extension was in August 2010 and i only have a bachelors (on which initial HSMP was approved). I know i still have few years before next extension but i just like to follow the trends - in case i need to apply super early

[kavita1]

Hi Tipu,

How early are you planning to apply as i have my visa till november 2012 and am applying in feb 2011..are you doing about the same??

Can you forsee any risk

thanks,
Kavita

[tipu20]

Hi Tipu,

How early are you planning to apply as i have my visa till november 2012 and am applying in feb 2011..are you doing about the same??

Can you forsee any risk

thanks,
Kavita

check your PM