Changes to ILR 6th of April 2011

kps2007 · Post by **kps2007** » Wed Apr 06, 2011 9:42 am

Hi,

I am a bit worried about these new rules, Not about the criminality critiera but about meeting 75 points as I first applied for my HSMP back in 2007. I was 27 years old at that Time and now I can never meet the Age criteria when I apply for my ILR next year with the same number of points I had when I first applied for HSMP. I am obviously earning more then I was earning when I First started in the job market in the UK but Please can some one help me with some more clarity on the new move to the goal post in the middle of the Game (Typical British immigration system).

Thanks in advance.

Kind Regards,
KPS

adk · Post by **adk** » Wed Apr 06, 2011 12:11 pm

Page 33.

Age Criteria:

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

If I am reading it right, they take your age from when you first applied..

Please correct me if I am wrong.

kps2007 · Post by **kps2007** » Wed Apr 06, 2011 7:40 pm

Does that mean I should be awarded whole 20 points? That does not sound right but if it is than it would be great. At first place they shouldn't have got these rules in place. It is not fair on the people who were given extension saying that to apply for ILR you need to be financially active for rest of the stay on Resident Permit.

Is there no law or Justice to this? Can HSMP people who won the Judicial Review do anything about this situation at all? On there website they need Â£50 to register you, What if I cannot afford that, does that mean I cannot ask for help. All I want to know if anyone is going to stand against these new rules for ILR? It should not happen to people already in the UK the following existing rules.

KPS

psdesai · Post by **psdesai** » Wed Apr 06, 2011 7:48 pm

adk wrote:Page 33.

Age Criteria:

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

If I am reading it right, they take your age from when you first applied..

Please correct me if I am wrong.

Age from when you apply for what?

HSMP Application for letter? OR
HSMP Visa ?

I am in same boat. Its not clear what they are asking. I think too its unfair to count Visa Date Application becouse at that time I didnt had to score any points. I think if they are really fair then it should be the date of 1st HSMP application (or in the case of 1st Tier 1 Application)

adk · Post by **adk** » Thu Apr 07, 2011 1:04 pm

"points will be awarded based upon applicants age at the date of the application for that first grant of leave."

I understand that as your age as when you first applied for HSMP, Tier1, whatever and you were granted leave in that category.

psdesai · Post by **psdesai** » Thu Apr 07, 2011 1:36 pm

adk wrote:"points will be awarded based upon applicants age at the date of the application for that first grant of leave."

I understand that as your age as when you first applied for HSMP, Tier1, whatever and you were granted leave in that category.

So does that mean its HSMP (Letter) application and not HSMP Visa (In my case atleast)?

raj2146 · Post by **raj2146** » Thu Apr 07, 2011 6:11 pm

Hi, I shifted from work permit to hsmp in april 2007 and got my stay extended in April 2009 under tier-1 visa. For the application of ILR which cateogry do i apply? is it my first grant of entry which is Hsmp or Tier 1 in April 2009.
My other query is i have applied for tier -1 extension in March 2009 (under the rules at the time where masters is not required) and got it granted in april 2009 but for ILR for it seems they have chnaged the goal post and asking for masters qualification after visa granted after 31st march 2009.
Can some one clarify what i can do in this circumstances?

[iD] · Post by **[iD]** » Thu Apr 07, 2011 11:37 pm

psdesai wrote:
adk wrote:"points will be awarded based upon applicants age at the date of the application for that first grant of leave."

I understand that as your age as when you first applied for HSMP, Tier1, whatever and you were granted leave in that category.
So does that mean its HSMP (Letter) application and not HSMP Visa (In my case atleast)?

Mods believe it's the HSMP letter application date (which it should be to be fair) I think it's otherwise because date of "first grant of leave" sounds more like the visa than points to me. I guess we'll have to wait and see. btw i'm on the same boat.

psdesai · Post by **psdesai** » Fri Apr 08, 2011 8:24 am

[iD] wrote:
psdesai wrote:
adk wrote:"points will be awarded based upon applicants age at the date of the application for that first grant of leave."

I understand that as your age as when you first applied for HSMP, Tier1, whatever and you were granted leave in that category.
So does that mean its HSMP (Letter) application and not HSMP Visa (In my case atleast)?

Mods believe it's the HSMP letter application date (which it should be to be fair) I think it's otherwise because date of "first grant of leave" sounds more like the visa than points to me. I guess we'll have to wait and see. btw i'm on the same boat.

Agree

[iD] · Post by **[iD]** » Wed May 04, 2011 1:01 am

Just in case some missed out on other topic, I contacted UKBA via email regarding age points and got a reply today.

Thank you for your enquiry.

Please be advised you can claim points on the basis of your age at
application for your first grant of leave in a relevant route.

This can be the date when you applied for HSMP approval letter in your
home country abroad.

Yours sincerely,
xyz

Gonna send another enquiry, just to see if there is any difference of argument within UKBA and see what I get.
Goodluck.

psdesai · Post by **psdesai** » Wed May 04, 2011 8:29 am

[iD] wrote:Just in case some missed out on other topic, I contacted UKBA via email regarding age points and got a reply today.

Thank you for your enquiry.

Please be advised you can claim points on the basis of your age at
application for your first grant of leave in a relevant route.

This can be the date when you applied for HSMP approval letter in your
home country abroad.

Yours sincerely,
xyz

Gonna send another enquiry, just to see if there is any difference of argument within UKBA and see what I get.
Goodluck.

Thanks for sharing. That sounds like good news . I got reply saying "We dont know but we will get in touch with you when we do.". I am just amazed to hear that reply from UKBA. 3K well spent

[iD] · Post by **[iD]** » Wed May 04, 2011 11:44 pm

psdesai wrote:
[iD] wrote:Just in case some missed out on other topic, I contacted UKBA via email regarding age points and got a reply today.

Thank you for your enquiry.

Please be advised you can claim points on the basis of your age at
application for your first grant of leave in a relevant route.

This can be the date when you applied for HSMP approval letter in your
home country abroad.

Yours sincerely,
xyz

Gonna send another enquiry, just to see if there is any difference of argument within UKBA and see what I get.
Goodluck.
Thanks for sharing. That sounds like good news . I got reply saying "We dont know but we will get in touch with you when we do.". I am just amazed to hear that reply from UKBA. 3K well spent

That's one weird reply! That's their job to be aware of such rules. I wish I had a job like that where you are not responsible for your responsibilities :/

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Changes to ILR 6th of April 2011

Changes to ILR 6th of April 2011

Changes to ILR 6th of April 2011

ILR for Tier1 and HSMP