Settlement requirements for PBS migrants from April 2011

[navodwickra]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

it's so simple your age will be based on the date your first HSMP/Tier1 visa was granted(assuming you haven't switched to any other after that).

Of course they know you don't have any control over your age that's why they consider your age at the time you got your first visa. Is it that hard to understand when the table heading says "at date of application for first grant" ?

navodwickra, I know it sounds silly to ask such question. However in My case as you can see from the history. I had HSMP Letter issued in Sept 2007 at the time my age was 'X' then in Feb 2008 my age has gone up to 'Y' and then then in May 2009 I got Tier 1 that time my age has gone up to 'Z'.
"at date of application for first grant" tells me its either HSMP Letter (Sept 2007) or HSMP Visa Feb 2009. Selecting the incorrect one for me will make 10 points difference in my application.!!

What is your view point in my case is it HSMP Letter Date or HSMP Visa?

Sorry if I sounded bit rude. In that case your age should be 'Y' because that's when you first got your visa.

[psdesai]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

it's so simple your age will be based on the date your first HSMP/Tier1 visa was granted(assuming you haven't switched to any other after that).

Of course they know you don't have any control over your age that's why they consider your age at the time you got your first visa. Is it that hard to understand when the table heading says "at date of application for first grant" ?

navodwickra, I know it sounds silly to ask such question. However in My case as you can see from the history. I had HSMP Letter issued in Sept 2007 at the time my age was 'X' then in Feb 2008 my age has gone up to 'Y' and then then in May 2009 I got Tier 1 that time my age has gone up to 'Z'.
"at date of application for first grant" tells me its either HSMP Letter (Sept 2007) or HSMP Visa Feb 2009. Selecting the incorrect one for me will make 10 points difference in my application.!!

What is your view point in my case is it HSMP Letter Date or HSMP Visa?

Sorry if I sounded bit rude. In that case your age should be 'Y' because that's when you first got your visa.

You are not at all being rude. You are just interpreting that is in the document. My only argument however the 'Y' is granted on the basis of points calculated when they given me my HSMP Letter (when my age was X). So should'nt I be claiming points for my Age 'X'?

Anyone else , could you also please put some light on this. sushdmehta,emini34 ?

[emini34]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

i just wonder why you guys are complicating this issue of gae for yourself. it is simple, you have said it yourself that you don't have control over your age. It is not a draconian law.

let say you sent your application in August 2007 when you were 28yrs and scored 20point. You later extend/switch to Tier 1 (it doesn't matter what point you scored this time).

For settlement purpose in the new rule you will still score 20point because that was the point you scored when your application was approved. get it right guys and stop worrying yourself. whether you got the visa on your passport after 5 or 6months after you got the approval letter it does not matter. In fact they use your age on the date and time they receive your first application.

[deeaa1999]

Hi, I came in UK in May 2006 with WP. Got HSMP in June 2007 for 2 yrs. Extended under Tier 1 in June 2009 for 3 years. so I will complete 5 years in June 2011.
Can you please advice where would I fit in. As per my understanding I need to score 75 points and I would get point for Bachelor degree, as I got point during extension, based on when I originally applied my HSMP.

Hi,

Please can somebody advise on my query? As said above, I switched to HSMP from WP in June 2007. Then got extension under Tier1 (as HSMP WAS ABOLISHED) in June 2009. I got 30 point for Bachelor degree both for my HSMP and my extension under Tier 1. Hopefully I would be able to retain that point for ILR.
There are too many ifs and buts in the document, so a second opinion would be appriciated.

Thanks

[emini34]

Hi
What about the proposed consultation to be brought in later in the year? Do you think the link between work permit and settlement will be removed permanently thus people will no longer be entitled to settlement? If so when do you think will this come into effect from? Thanks.

we that still have a long way to go before we qualify for settlement can worry about future change in rule. I just stop worrying about it becasue i thought some people in our group will already get their settlement before any new rule will come as a result of consultation. The rule that will be enforced as a result of consultaion will not be applicable to us.

look at this this way, all the people on hsmp JR are the same group and till tomorrow all of the people in that group will still continue to benefit from the rule in place in their time. I think all the people in the present tier 1 will use this present rule until we all get our settlement without any worry of rule change.

The statement below excert from page 10 and 11 of the link below should make us worry but i will not worry. It will be a joke is come oct 2012 when am to apply for my settlement they ask me to use another rule separate from the present rule. Maybe there will be another court case like HSMP JR.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


As a first step towards achieving these objectives, there will be some preliminary tightening of the settlement rules from April 2011 which will affect those submitting applications for settlement on or after 6 April. We will consult later in the year on further settlement reforms. However, those making applications for leave to enter or who are already in the UK and apply to switch into an alternative route on or after 6 April 2011 should be aware that the opportunity to apply for settlement and the requirements for applicants may change. Applicants will need to meet the rules in place at the time of their application for settlement.

[asdf786]

Hi Guys,

I got first entry Clearance based on HSMP approval letter in April 2008 for 2 years.
Then extended for 3 years from April 2010 to April 2013.

1- The changes coming after 6th april would apply to me? If yes then
2- How much points i should score 75 or 80?
3- What age will be considered? First Entry Clearance or Extension
4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

thanks

[deeaa1999]

Hi Guys,

I got first entry Clearance based on HSMP approval letter in April 2008 for 2 years.
Then extended for 3 years from April 2010 to April 2013.

1- The changes coming after 6th april would apply to me? If yes then
2- How much points i should score 75 or 80?
3- What age will be considered? First Entry Clearance or Extension
4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

thanks

Your query is similar to mine which I am asking from yesterday. No answer yet

[asdf786]

So lets hope if someone could respond....

Hi Guys,

I got first entry Clearance based on HSMP approval letter in April 2008 for 2 years.
Then extended for 3 years from April 2010 to April 2013.

1- The changes coming after 6th april would apply to me? If yes then
2- How much points i should score 75 or 80?
3- What age will be considered? First Entry Clearance or Extension
4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

thanks

Your query is similar to mine which I am asking from yesterday. No answer yet

[emini34]

So lets hope if someone could respond....

Hi Guys,

I got first entry Clearance based on HSMP approval letter in April 2008 for 2 years.
Then extended for 3 years from April 2010 to April 2013.

1- The changes coming after 6th april would apply to me? If yes then
2- How much points i should score 75 or 80?
3- What age will be considered? First Entry Clearance or Extension
4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

thanks

Your query is similar to mine which I am asking from yesterday. No answer yet

1- The changes coming after 6th april would apply to me? If yes then
Yes the changes will apply to you

2- How much points i should score 75 or 80?
You will need to score 75

3- What age will be considered? First Entry Clearance or Extension
The age that will be consider is your age as at the first entry clearance/first application

4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

Your question 4 is not clear to me enough. I thought you scored point before in qualification and I your qualification is still yours, if so it is as simple as scoring point again with your qualification.

[deeaa1999]

So lets hope if someone could respond....

Hi Guys,

I got first entry Clearance based on HSMP approval letter in April 2008 for 2 years.
Then extended for 3 years from April 2010 to April 2013.

1- The changes coming after 6th april would apply to me? If yes then
2- How much points i should score 75 or 80?
3- What age will be considered? First Entry Clearance or Extension
4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

thanks

Your query is similar to mine which I am asking from yesterday. No answer yet

1- The changes coming after 6th april would apply to me? If yes then
Yes the changes will apply to you

2- How much points i should score 75 or 80?
You will need to score 75

3- What age will be considered? First Entry Clearance or Extension
The age that will be consider is your age as at the first entry clearance/first application

4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

Your question 4 is not clear to me enough. I thought you scored point before in qualification and I your qualification is still yours, if so it is as simple as scoring point again with your qualification.

So Emini your situation is same as well? You were on HSMP but later extended under Tier 1 when point for Bachelors were only given for extension?

[darksun]

navodwickra, no i didn't extend again. Still on tier 1 i got from august 2008! So i'm safe? thanks a lot!!!!!!!

I apologise if I'm panicking for nothing. I just want to have your opinion as well.
I came uk 2006 may with WP. Switched to Tier 1 on August 2008. No HSMP at all..

So will I be able to get 30 points for bachelor degree for qualifications ?

Because for a second, when i was reading paragraph 13, b, ii; i've intrepreted that I won't get any points for qualifications?

Once again sorry for my silly question...

Cheers

did you have to extend your visa after August 2008? or are you still on the same visa? If you are you get your 30 point

[sshah20]

hi all,

a friend of mine is on self employed lawyer visa since feb, 2007. he will apply for ILR next year that is feb, 2012. I have a question regarding his ILR.

1). Does he need to fulfil the Income criteria for ILR or it is just for Tier 1 (General) migrants?

thanks

[deeaa1999]

navodwickra, no i didn't extend again. Still on tier 1 i got from august 2008! So i'm safe? thanks a lot!!!!!!!

I apologise if I'm panicking for nothing. I just want to have your opinion as well.
I came uk 2006 may with WP. Switched to Tier 1 on August 2008. No HSMP at all..

So will I be able to get 30 points for bachelor degree for qualifications ?

Because for a second, when i was reading paragraph 13, b, ii; i've intrepreted that I won't get any points for qualifications?

Once again sorry for my silly question...

Cheers

did you have to extend your visa after August 2008? or are you still on the same visa? If you are you get your 30 point

This is what I am getting confused with. What would have happened if you extended? If you had got the same point on extension as well then you could have claimed it for ilr. Isn't it?
Above post suggest that.

[navodwickra]

navodwickra, no i didn't extend again. Still on tier 1 i got from august 2008! So i'm safe? thanks a lot!!!!!!!

I apologise if I'm panicking for nothing. I just want to have your opinion as well.
I came uk 2006 may with WP. Switched to Tier 1 on August 2008. No HSMP at all..

So will I be able to get 30 points for bachelor degree for qualifications ?

Because for a second, when i was reading paragraph 13, b, ii; i've intrepreted that I won't get any points for qualifications?

Once again sorry for my silly question...

Cheers

did you have to extend your visa after August 2008? or are you still on the same visa? If you are you get your 30 point

This is what I am getting confused with. What would have happened if you extended? If you had got the same point on extension as well then you could have claimed it for ilr. Isn't it?
Above post suggest that.

Yes you are correct. It came out wrong he doesnt have to worry about it.

[deeaa1999]

navodwickra, no i didn't extend again. Still on tier 1 i got from august 2008! So i'm safe? thanks a lot!!!!!!!

did you have to extend your visa after August 2008? or are you still on the same visa? If you are you get your 30 point

This is what I am getting confused with. What would have happened if you extended? If you had got the same point on extension as well then you could have claimed it for ilr. Isn't it?
Above post suggest that.

Yes you are correct. It came out wrong he doesnt have to worry about it.

Thanks Navodwikra

[emini34]

So lets hope if someone could respond....

Your query is similar to mine which I am asking from yesterday. No answer yet

1- The changes coming after 6th april would apply to me? If yes then
Yes the changes will apply to you

2- How much points i should score 75 or 80?
You will need to score 75

3- What age will be considered? First Entry Clearance or Extension
The age that will be consider is your age as at the first entry clearance/first application

4- The simple thing i can understand is that if i get points for Qualification both in my first application and in extension then i should be able to get point in ILR too, but looking at the draft explanation, it confused me completely. Am i right that i will get points or i need to dig this up more and more....

Your question 4 is not clear to me enough. I thought you scored point before in qualification and I your qualification is still yours, if so it is as simple as scoring point again with your qualification.

So Emini your situation is same as well? You were on HSMP but later extended under Tier 1 when point for Bachelors were only given for extension?

deeaa1999, both of my applications (hsmp and tier 1) were done on msc basis.

[[iD]]

it's so simple your age will be based on the date your first HSMP/Tier1 visa was granted(assuming you haven't switched to any other after that).

Of course they know you don't have any control over your age that's why they consider your age at the time you got your first visa. Is it that hard to understand when the table heading says "at date of application for first grant" ?

navodwickra, I know it sounds silly to ask such question. However in My case as you can see from the history. I had HSMP Letter issued in Sept 2007 at the time my age was 'X' then in Feb 2008 my age has gone up to 'Y' and then then in May 2009 I got Tier 1 that time my age has gone up to 'Z'.
"at date of application for first grant" tells me its either HSMP Letter (Sept 2007) or HSMP Visa Feb 2009. Selecting the incorrect one for me will make 10 points difference in my application.!!

What is your view point in my case is it HSMP Letter Date or HSMP Visa?

Sorry if I sounded bit rude. In that case your age should be 'Y' because that's when you first got your visa.

You are not at all being rude. You are just interpreting that is in the document. My only argument however the 'Y' is granted on the basis of points calculated when they given me my HSMP Letter (when my age was X). So should'nt I be claiming points for my Age 'X'?

Anyone else , could you also please put some light on this. sushdmehta,emini34 ?

Join the club mate! I am in exactly the same situation as you and I felt the same way as yours thinking points for age should have been given similar to the HSMP Letter not Visa. But I'm afraid I think this isn't the case, it's the same as last time when you extended the visa, you must have scored 10 points when you sent the extension tier 1 and that's exactly what would happen now.

[[iD]]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

i just wonder why you guys are complicating this issue of gae for yourself. it is simple, you have said it yourself that you don't have control over your age. It is not a draconian law.

let say you sent your application in August 2007 when you were 28yrs and scored 20point. You later extend/switch to Tier 1 (it doesn't matter what point you scored this time).

For settlement purpose in the new rule you will still score 20point because that was the point you scored when your application was approved. get it right guys and stop worrying yourself. whether you got the visa on your passport after 5 or 6months after you got the approval letter it does not matter. In fact they use your age on the date and time they receive your first application.

I really hope you are right but I beg to disagree! The documents we are reading right now talks about grant of VISA not HSMP LETTER. I am assuming when he "applied" for entry clearance/visa he was over 28. I bet he got 10 points for age on his extension because of that as well.

[psdesai]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

i just wonder why you guys are complicating this issue of gae for yourself. it is simple, you have said it yourself that you don't have control over your age. It is not a draconian law.

let say you sent your application in August 2007 when you were 28yrs and scored 20point. You later extend/switch to Tier 1 (it doesn't matter what point you scored this time).

For settlement purpose in the new rule you will still score 20point because that was the point you scored when your application was approved. get it right guys and stop worrying yourself. whether you got the visa on your passport after 5 or 6months after you got the approval letter it does not matter. In fact they use your age on the date and time they receive your first application.

I really hope you are right but I beg to disagree! The documents we are reading right now talks about grant of VISA not HSMP LETTER. When he was given visa he was over 28. I bet he got 10 points for age on his extension because of that as well.

It does not talk about VISA either it just says "the application for that first grant of leave.". Also bare in mind that after HSMP they stopped issuing letters. They were directly granting visas.

[[iD]]

Here's the situation.

I checked my last Visa (Tier 1 (extension from HSMP) Document - the one you get when you have been issued visa May 2009). And I got 20 points for my age. Now if I see the proposed document (table2 page 30) it says I only get 10 points!!! if I use my last leave as Tier 1.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

How does this change, I dont have control over my age for crying out loud.
(btw I get same points now for the salary as before).

The following para on page 33 in the document really confuses me. What age points do I score. I would really really appriciate if someone can clarify this.

age: notes
(I)
33. if the applicant was first granted leave in the categories of Highly skilled Migrant, Writer, Composer
or artist, self-employed lawyer or Tier 1 (General) Migrant and has not been granted leave in any category
other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age
at the date of the application for that first grant of leave.
(II)
if the applicant has been granted leave since his first
grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date
of application for a grant of leave in a category listed in this paragraph where leave has not been granted in
any category not listed in this paragraph between that grant of leave and the current application.

my history
Tier 1 May 2009 (the application when I have scored points)
HSMP Visa Feb 2008 (Given visa on the basis of HSMP Letter)
HSMP Letter Sept 2007 (the application when I have scored points)
WP 2006 (Point based system was not existed for WP)
SEGS
Student

(1) Do I fall under (I) or (II)
(2) What is my "first grant of leave" for age point of view only? Tier 1 or HSMP Visa or HSMP Letter or even WP? (choosing anyone of this will affect my age and hence points)

Many thanks for taking time to read this.

i just wonder why you guys are complicating this issue of gae for yourself. it is simple, you have said it yourself that you don't have control over your age. It is not a draconian law.

let say you sent your application in August 2007 when you were 28yrs and scored 20point. You later extend/switch to Tier 1 (it doesn't matter what point you scored this time).

For settlement purpose in the new rule you will still score 20point because that was the point you scored when your application was approved. get it right guys and stop worrying yourself. whether you got the visa on your passport after 5 or 6months after you got the approval letter it does not matter. In fact they use your age on the date and time they receive your first application.

I really hope you are right but I beg to disagree! The documents we are reading right now talks about grant of VISA not HSMP LETTER. When he was given visa he was over 28. I bet he got 10 points for age on his extension because of that as well.

It does not talk about VISA either it just says "the application for that first grant of leave.". Also bare in mind that after HSMP they stopped issuing letters. They were directly granting visas.

off course it does. Leave actually means leave to remain or entry clearance! that is the visa

[dr_raihan29]

Hi there guys, I haven't been in the forum lately and on return I appreciate the informative thread thanks guys! I was a post april06 but pre nov 06 hsmp who extended into tier 1 in 2008 under JR(5 yr one not the 4 yr one). I guess it seems to be all good news for ppl like us who:

-will not hv to meet criminality threashold
-will not hv to meet points
-will not hv to give Life in the uk test
-dependents will follow the same

my only two questions here to the experts are:

Even if I am not needing Life in the uk now will i need that for citizenship?

me and my wife both had police caution(not at a court but at police station arising out of a fight) june 2006, by the time I apply in oct 2011 it would be well past 5 yrs still do i need to declare it on the application?

many thanks for your replies in advance guys and all the best for the rest of you

[navodwickra]

navodwickra, I know it sounds silly to ask such question. However in My case as you can see from the history. I had HSMP Letter issued in Sept 2007 at the time my age was 'X' then in Feb 2008 my age has gone up to 'Y' and then then in May 2009 I got Tier 1 that time my age has gone up to 'Z'.
"at date of application for first grant" tells me its either HSMP Letter (Sept 2007) or HSMP Visa Feb 2009. Selecting the incorrect one for me will make 10 points difference in my application.!!

What is your view point in my case is it HSMP Letter Date or HSMP Visa?

Sorry if I sounded bit rude. In that case your age should be 'Y' because that's when you first got your visa.

You are not at all being rude. You are just interpreting that is in the document. My only argument however the 'Y' is granted on the basis of points calculated when they given me my HSMP Letter (when my age was X). So should'nt I be claiming points for my Age 'X'?

Anyone else , could you also please put some light on this. sushdmehta,emini34 ?

Join the club mate! I am in exactly the same situation as you and I felt the same way as yours thinking points for age should have been given similar to the HSMP Letter not Visa. But I'm afraid I think this isn't the case, it's the same as last time when you extended the visa, you must have scored 10 points when you sent the extension tier 1 and that's exactly what would happen now.

I am pretty sure it's not the last extension because thet say its the first grant to leave. Since your HSMP letter won't grant you VISA it is most likely the date you got your first HSMP visa.

[[iD]]

Sorry if I sounded bit rude. In that case your age should be 'Y' because that's when you first got your visa.

You are not at all being rude. You are just interpreting that is in the document. My only argument however the 'Y' is granted on the basis of points calculated when they given me my HSMP Letter (when my age was X). So should'nt I be claiming points for my Age 'X'?

Anyone else , could you also please put some light on this. sushdmehta,emini34 ?

Join the club mate! I am in exactly the same situation as you and I felt the same way as yours thinking points for age should have been given similar to the HSMP Letter not Visa. But I'm afraid I think this isn't the case, it's the same as last time when you extended the visa, you must have scored 10 points when you sent the extension tier 1 and that's exactly what would happen now.

I am pretty sure it's not the last extension because thet say its the first grant to leave. Since your HSMP letter won't grant you VISA it is most likely the date you got your first HSMP visa.

I mentioned extension to explain it only. But yeah as far as I understand it's the date of Application for hsmp visa not hsmp letter.

[emini34]

i just wonder why you guys are complicating this issue of gae for yourself. it is simple, you have said it yourself that you don't have control over your age. It is not a draconian law.

let say you sent your application in August 2007 when you were 28yrs and scored 20point. You later extend/switch to Tier 1 (it doesn't matter what point you scored this time).

For settlement purpose in the new rule you will still score 20point because that was the point you scored when your application was approved. get it right guys and stop worrying yourself. whether you got the visa on your passport after 5 or 6months after you got the approval letter it does not matter. In fact they use your age on the date and time they receive your first application.

I really hope you are right but I beg to disagree! The documents we are reading right now talks about grant of VISA not HSMP LETTER. When he was given visa he was over 28. I bet he got 10 points for age on his extension because of that as well.

It does not talk about VISA either it just says "the application for that first grant of leave.". Also bare in mind that after HSMP they stopped issuing letters. They were directly granting visas.

off course it does. Leave actually means leave to remain or entry clearance! that is the visa

I disagree with you on this. before, applicants used to do 2 applications as well know and later it turned a single application. the common thing in both process is that you score points. The way i interpret it is that they they do not want anyone to be disadvantage in terms of age therefore allowing all applicants to score the same point as they scored when they first applied. offcourse you did not need to score point when they are issuing the visa but only when they issue approval letter. even during those period of 2 applications applicants were still allowed to do both applications at once (UK applicant) if they wish it will only means that if you application were refused then you loose more money becasue you loose the money for the 2 applications at once.

2 applicants of the same age A and B (they are both to be 30year in June, 2007)

A applied for hsmp and leave to remain in April 2007 at age 29years 11 months
B applied for hsmp only in April 2007 at age 29years 11 months
B then applied for leave to remain in July when he turned 30

remember they both scored 10 point under age because they were both only 29+ when they both applied in April 2007. please someone should tell me if B is now disadvantage and will only score 5 point when he applied for settlement?

i was the same age as at the time i got my approval letter and the time i got the further leave to remain so i do not have any issue about the debate about age.

For the benefit of people that need clarity I kindly request the moderator to please shed light on this issue.

[navodwickra]

I really hope you are right but I beg to disagree! The documents we are reading right now talks about grant of VISA not HSMP LETTER. When he was given visa he was over 28. I bet he got 10 points for age on his extension because of that as well.

It does not talk about VISA either it just says "the application for that first grant of leave.". Also bare in mind that after HSMP they stopped issuing letters. They were directly granting visas.

off course it does. Leave actually means leave to remain or entry clearance! that is the visa

I disagree with you on this. before, applicants used to do 2 applications as well know and later it turned a single application. the common thing in both process is that you score points. The way i interpret it is that they they do not want anyone to be disadvantage in terms of age therefore allowing all applicants to score the same point as they scored when they first applied. offcourse you did not need to score point when they are issuing the visa but only when they issue approval letter. even during those period of 2 applications applicants were still allowed to do both applications at once (UK applicant) if they wish it will only means that if you application were refused then you loose more money becasue you loose the money for the 2 applications at once.

2 applicants of the same age A and B (they are both to be 30year in June, 2007)

A applied for hsmp and leave to remain in April 2007 at age 29years 11 months
B applied for hsmp only in April 2007 at age 29years 11 months
B then applied for leave to remain in July when he turned 30

remember they both scored 10 point under age because they were both only 29+ when they both applied in April 2007. please someone should tell me if B is now disadvantage and will only score 5 point when he applied for settlement?

i was the same age as at the time i got my approval letter and the time i got the further leave to remain so i do not have any issue about the debate about age.

For the benefit of people that need clarity I kindly request the moderator to please shed light on this issue.

I understand the point you trying to make here but HSMP letter will not grant you visa infact it is just a letter to confirm that you have passed the points scheme and ready to apply for visa. I have to agree with [ID] here because 'grant of leave' means VISA but anyway let the mods to clarify this matter so we don't have any doubts.