Age Points according to new guidance

kalpitsom · Post by **kalpitsom** » Sun Apr 17, 2011 4:36 am

sfjeelani wrote: Is it possible if you could send me that email. Just like to keep it for the record. if you agree, I will send you my address.

I have already posted the detailed email, still if you think the original email will help you more then will be happy to forward it.

sfjeelani · Post by **sfjeelani** » Mon Apr 18, 2011 12:36 am

kalpitsom wrote:
what's the email address you used?
it is: Richard.Jackson@homeoffice.gsi.gov.uk

Hi kalpitsom,

my email address is:
jeelani1@hotmail.co.uk

Would you be kind enough to send me the email on above adddress?

I tried to send you a private message but for some reasons , it didn't work.

Best Regards

[iD] · Post by **[iD]** » Mon Apr 18, 2011 1:19 am

kalpitsom wrote:
what's the email address you used?
it is: Richard.Jackson@homeoffice.gsi.gov.uk

Oh I thought it was a general email address. Btw I'm not sure if Mr Jackson would appreciate being bombarded by emails from so many people from this forum. But thats just given me an idea. I've emailed my last caseworker regarding this and see what he has to say (that's of he replies).

Thanks for that though.

hpgalliford · Post by **hpgalliford** » Tue Apr 19, 2011 7:29 pm

Hi Guys

I have pretty much the same question. my initial HSMP was stamped on the 16 May 2007 - extension on the 16 May 2009 whicih is now valid until 16 May 2012.

I entered UK on the 26th of June 2007 (so almost 8 days short for a qualifying period of ILR)

my age at the time of my 1st application was under 27 - then at the time of my 1st extension under 29 so i got full points both the times.

Now i will have to apply for another extension in May 2012 when i will be 31. Will i get full points for age ?

Please advise

Regards

Natedogg · Post by **Natedogg** » Wed Apr 27, 2011 4:59 pm

Hi Guys,

Has anyone received any further comments from the HO regarding whether it is age at time of application for HSMP letter or at the time of application for entry clearance? I have sent an email, but have yet to get a response.

Thanks

rizwan567 · Post by **rizwan567** » Thu Apr 28, 2011 12:55 pm

As per new form and guidance (published after 5 April 2011).. UKBA has simplified this...... in extension, points will be awarded in age category as per inital application of applicant. If the applicant got 20 points in initial application he will get the same in extension application.. if 10 then 10 in extension and if 5 then 5 in extension.

This is very simplified now and very very useful for those of you who need 2-3 extensions because regardless of you getting older you would still get same points in age category which you got in your initial application.

Please correct if I am wrong.

rizwan567 · Post by **rizwan567** » Thu Apr 28, 2011 12:58 pm

Natedogg wrote:Hi Guys,

Has anyone received any further comments from the HO regarding whether it is age at time of application for HSMP letter or at the time of application for entry clearance? I have sent an email, but have yet to get a response.

Thanks

It is on the date when you applied for HSMP approval letter. Does not matter when case is approved and does not matter when you got your visa.

Those who are on Tier 1 General have a letter issued along with visa from UKBA clearly stating how many points they got in age category so no room of confusion at all.

Natedogg · Post by **Natedogg** » Thu Apr 28, 2011 4:34 pm

In my case, I obtained an HSMP approval letter when I was 27. Under the transitional arrangements, i then made an application for & obtained entry clearance when I was 28 under Tier 1 general. Under those transitional arrangements, I was automatically awarded age attribute points as per the HSMP letter. In my view, this supports the interpretation that it is the HSMP letter application date that is applicable as that is when the age attribute points were awarded, not at entry clearance stage. You could also take the view that the application process for leave to remain began when the HSMP letter was applied for, not entry clearance. At the time, I could not have gained entry clearance without the HSMP letter and vice versa. Any thoughts

rizwan567 · Post by **rizwan567** » Thu Apr 28, 2011 6:14 pm

Natedogg, Your thoughts are correct.

kingfahad35 · Post by **kingfahad35** » Fri Apr 29, 2011 3:55 pm

how i can obtain date my INITIAL Application POST/Applying ?

I signed my application on 18-02-2009

But I posted later when I can not remmember now

They have taken money from my AC in 28-02-2009

ANy one can help ?

[iD] · Post by **[iD]** » Wed May 04, 2011 12:02 am

Another (good news).
I contacted UKBA myself and got a reply today. Please read below.

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,

Hope it helps some.

Natedogg · Post by **Natedogg** » Wed May 04, 2011 10:42 am

Even more good news. I asked about the following scenario:

"An applicant was 27 and applied for an HSMP approval letter in June 2008 then turned 28 in August. Â After gaining the HSMP approval letter in September 2008 that applicant then applied for and gained Entry Clearance in December that same year, as a Tier 1 (General) migrant. Â When then applying for an extension in late 2011, would the applicant be in the under 28 band or the 28-29 band?"

I then received the following response yesterday:

"Thank you for your enquiry.

Please be advised you will be required to write the date when you applied for the HSMP approval letter in your home country abroad.
Â
In this case the applicant will be under 28 year old.

Yours sincerely"

[iD] · Post by **[iD]** » Tue May 24, 2011 11:09 pm

okay now some bad news. I guess UKBA staff is more confused than us lot.

I contacted UKBA again regarding this issue and had this reply

Thank you for your enquiry.

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

If your HSMP application was approved in country and subsequently you went to your home country to apply for Entry Clearance on the basis of HSMP Approval Letter, you will be able to claim points for age that were awarded to you on the date of your Entry Clearance application. I hope that this information will be of assistance to you.

Yours sincerely,

So obviously I asked again complaining that they are confusing me more and got the following reply today.

Thank you for your enquiry.

Please accept my sincere apologies for the initial misinterpretation of your enquiry and the contradictory information that you have received.

The correct information is the date of application for Entry Clearance on the basis of your Highly Skilled Migrant Programme (HSMP) Approval Letter, not from the date of application for your (HSMP) Approval Letter. I hope that this is of some assistance to you.

Yours sincerely,

Hope it helps (though not sure it will)

Natedogg · Post by **Natedogg** » Wed May 25, 2011 8:58 am

Hi [ID],

Ok so we have 2 responses saying its the date of application for the HSMP approval letter & one saying its the date of application for Entry Clearance. Can you please confirm what you asked? The HO have mentioned in their first reply the matter of applying in country. I can't imagine it would make a difference, but maybe there response indicates it does.

tier1extn1 · Post by **tier1extn1** » Wed May 25, 2011 1:56 pm

Ok. Even I had received an email to the effect that it is the date of Entry clearance and not the date of application of HSMP approval letter...
Also, both were done in-country
Looks like they have changed sides now ...

[iD] · Post by **[iD]** » Wed May 25, 2011 3:46 pm

Natedogg wrote:Hi [ID],

Ok so we have 2 responses saying its the date of application for the HSMP approval letter & one saying its the date of application for Entry Clearance. Can you please confirm what you asked? The HO have mentioned in their first reply the matter of applying in country. I can't imagine it would make a difference, but maybe there response indicates it does.

Exactly my thoughts! It shouldn't make any difference wether someones gone for EC or FLR on the basis of Approval Letter.

Anyway, I had one response saying it was HSMP approval letter then I asked again just to be sure and was told it was Visa application date so I asked again complaining regarding contradictory information and this time I was told it was Visa date.

Below is the snippet from my 1st query I sent.

I applied for HSMP points assessment in 2008 and then went to my home country to switch the visa and later extended my stay as a Tier 1 migrant last year.

As I understand, according to new rule we have to claim age points as well when we apply for ILR.

Since we both know that HSMP was a two phased route where applicant had to get HSMP letter then apply for Entry Clearance or Further Leave to Remain. Which age would we be claiming points for? Is it the age at the date of application for HSMP points assessment or date of
application for Entry Clearance on the basis of that HSMP letter?

I've read policy guidance and it mentions "age on the date of application for first grant of leave" and I'm confused what it meant.

Any help would be much appreciated.

[iD] · Post by **[iD]** » Wed May 25, 2011 4:14 pm

tier1extn1 wrote:Ok. Even I had received an email to the effect that it is the date of Entry clearance and not the date of application of HSMP approval letter...
Also, both were done in-country
Looks like they have changed sides now ...

Yeah it sucks to not knowing their the clear policy

tier1extn1 · Post by **tier1extn1** » Wed Jun 01, 2011 10:54 am

[iD]... I am not sure if this is going to make you feel any better..

I recently applied for my tier1 extn in person and got it done.
I was in the same situation (regarding age), however I just mentioned the age points I received last time(HSMP approval letter application date) and carried my initial tier1 letter for proof (just in case).

But I have to say.. the caseworker was not well informed..

[iD] · Post by **[iD]** » Thu Jun 02, 2011 4:09 am

tier1extn1 wrote:[iD]... I am not sure if this is going to make you feel any better..

I recently applied for my tier1 extn in person and got it done.
I was in the same situation (regarding age), however I just mentioned the age points I received last time(HSMP approval letter application date) and carried my initial tier1 letter for proof (just in case).

But I have to say.. the caseworker was not well informed..

Rules regarding age points for HSMP/Tier1 extension are pretty cleared, i-e you get the same points as your first HSMP/Tier 1 application but when going for ILR how age points are granted is a bit confusing.

tier1extn1 · Post by **tier1extn1** » Thu Jun 02, 2011 10:56 am

why would ILR be different?

[iD] · Post by **[iD]** » Fri Jun 03, 2011 11:17 pm

tier1extn1 wrote:why would ILR be different?

Please check my correspondance with UKBA in previous posts.

Natedogg · Post by **Natedogg** » Mon Jun 06, 2011 9:21 am

Hi Guys,

There seems to be two issues here - age points for a Tier 1 extension with an initial HSMP approval letter and age points for Tier 1 ILR with an initial HSMP approval letter. I have asked with regards to the former (ie tier 1 extension NOT ILR). From my and other posters responses on the former, the age at date of application for HSMP letter is the relevant date. For applications for ILR, this isn't covered by the Tier 1 policy guidance I believe so it makes sense that you would have received differing advice ID

Post by **geriatrix** » Mon Jun 06, 2011 2:50 pm

Irrespective of whether it is an application for extension (limited leave to remain) or for settlement (indefinite leave to remain), I am of the firm opinion that for anyone who applied for HSMP in their initial application it is it is your age on the date you applied for HSMP approval.

Though unrelated but still relevant (to support my reasoning):

The two HSMP JRs protect migrants who applied for HSMP approval before 03-Apr-06 and 08-Nov-06. The legal protection covered all those who applied on the basis of rules in force on the "date of application" and not on the basis of "date of entry clearance / leave to remain application or date of issue".

Likewise your HSMP approval was on basis of (amongst other things) your age on the date of an HSMP application. Any points for "age" to be awarded to you at the time of extension must therefore take into account the HSMP application date, and not any other date.

It is not your fault that UKBA followed a two-step process at that time (unlike PBS) and that one was allowed 6 months from the date of HSMP approval to apply for entry clearance / leave to remain.

Also, do appreciate that "fulfilling HSMP eligibility criteria" was not amongst the requirement(s) for (the first application for) entry clearance / leave to remain as an HSMP migrant - the requirement was to "have a valid HSMP approval letter in possession" - an approval that was assessed and granted based on the immigration requirements on the "date of application for HSMP approval".

Natedogg · Post by **Natedogg** » Mon Jun 06, 2011 3:38 pm

As always Sushimehta, a well reasoned and thoughtful take on the subject

ursamyn · Post by **ursamyn** » Wed Jun 29, 2011 11:24 pm

Just out of interest I was doing my assessment on the Points Based calculator on UKBA's website.....

When asked what was the age when you were first granted Tier 1 (g)...I said 29...which is correct.....

I should therefore get 10 points for that but it granted me 20....

What would you guy say technical glitch or what?

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Age Points according to new guidance

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