Immigration rules Part 6A and PBS mismatch for extension

rsulakhe · Post by **rsulakhe** » Mon Aug 15, 2011 10:36 pm

Hi All,
If anydbody has idea about this confusion?

As per Immigration rules Part 6A, http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

for leave to remain Tier 1(General) extension section 245CA. Requirements for leave to remain states that for Tier 1 General migrant needs 75 points under paragraphs 7 to 34 of Appendix A as per rules in place before 19-July-2010, in all other cases applicant should have 80 points under paragraphs 7 to 34 of Appendix A.

My first successfull application for Tier 1 General Migrant was made on 11-Nov-2010. If I enter this date in Points Based Calculator, it allocates 75 points under paragraphs 7 to 34 of Appendix A and still shows that I am eligible for extension but as per Immigration rules part 6A as my first application is after 19-July-2010 (which is on 11-Nov-2010) I am not eligible for extension. I am confused which system to follow.

Should go with PART 6A or should I follow PBS. Please clarify

mulderpf · Post by **mulderpf** » Tue Aug 16, 2011 7:07 am

The rules override the calculator. The calculator is only there as a guideline and is not always updated together with the rules. The rule is that if you entered and needed 80 points, you need 80 points for extension (so you need 80 points, not 75).

Immanuel 2010 · Post by **Immanuel 2010** » Tue Aug 16, 2011 11:41 pm

Hi Rsulakhe,

Even I came across this issue. My successful initial Tier 1 Application is on 25/Nov/2010. The due data for extension application is Oct 2012.

Since I have applied for my initial T1 visa application after 19 July 2010, I too have the same confusion of the Part 6A rule and the PBS Mismatch.

I wrote a mail to UKBApublicenquiries@ukba.gsi.gov.uk

Dear Sir/Madam,

SUBJECT or SCENARIO
Tier 1 (General) Visa application rules were modified and the eligible points were raised from 95 to 100 for applicants applying on or after 19 July 2010.

MISLEADING INFORMATION
However the PointsBased Calculator does not capture or evaluate the above scenario for Tier 1(General) visa EXTENSION, as mentioned in the page http://www.ukba.homeoffice.gov.uk/worki ... igibility/

Note: Please see attaached the screen shot of the page with points highlighted in Red Box with markings as POINT 1 & POINT 2.

"The PointsBased Calculator evaluates and confirms that an applicant who scores 95 (75+20) is eligible for Tier1 (General) visa extension even if he has made his initial application on or after 19 July 2010".

REQUEST
1. During application for Tier 1 (general) visa extension should the applicant prove 100 points for extention if he/she has made the initial application on
or after 19 July 2010.

2. Is the Points based calculator reliable and if so then can the above rule be discarded.

This is a matter of concern because I (and many would) have to make a Tier 1 (General) visa extension application on Oct 2012 and since I have made my initial application after 19 July 2010 (on Aug 2010), the UKBA website data/information is misleading and confusing.

If the information is not in sinc in all the pages and tools of the website, then it would lead to a disaster for all applicants and many would raise complaints and grievance.

Your support in answering the queries would be much appreciated.

I receive reply from them ..........

Dear Sir/Madam,

Thank you for your enquiry.

Please be advised to extend your Tier 1 (General) visa your total points score must be at least 95 points if you currently have permission to stay in the UK.

If you are in any other eligible category, your total points score must be at least 100 points (unless you are covered by the HSMP Forum judicial review judgment).

Kindly be advised the Points Based calculator is a reliable source to check your points for the relevant application.

Yours faithfully,

Immigration Group
UK Border Agency

They have partially copied from the website and posted it. I have queried them once again to look at my query.

However I am glad that you are also serious about this issue and that I have someone in company.

I work for ITC UK Milton Keynes and currently the Permanent employee job pays me less and in order to achieve the eligibility for extension, I am working towards setting up a sole trading company.

If you have any such intentions and plans for Sole trading or Limited company, then we should discuss it in more detail and that would help both of us a lot.

-------------------------------------------------------------------------------------
Regards
Immanuel

Immanuel 2010 · Post by **Immanuel 2010** » Thu Aug 18, 2011 12:35 pm

Dear Sir/Madam,

Thank you for your reply.
Please be advised if your current leave to remain in the UK as Tier 1 (General) was under the rules before 19th July 2010 then you will be required to score 95 points. However if your leave to remain was granted after this date then you will be required to score 100 points to extend your visa.

Yours faithfully,

XXXXXXXXXX (I have masked this)
Immigration Group
UK Border Agency

mulderpf · Post by **mulderpf** » Thu Aug 18, 2011 12:57 pm

It is amazing how they allow their own staff to send out such contradictory information.

Immanuel 2010 · Post by **Immanuel 2010** » Thu Aug 18, 2011 7:49 pm

mulderpf wrote:It is amazing how they allow their own staff to send out such contradictory information.

MULDERPF, can you be clear in conveying your message.. You can choose from these options either
a. Do you say that this mail is fake
b. Or the person who is posted this an employee of UKBA
c. Or I am just posting fake mail
d. Or UKBA does not send such mails.

thanks in advance for your reply. Or do u have any other suggestion....

mtuckersa · Post by **mtuckersa** » Thu Aug 18, 2011 8:24 pm

Immanuel 2010, do you think this is the first time UKBA have sent out contradicting information? If you have been on this forum a while you will know they have.

An email from UKBA in the end of the day means nothing!! The same applies for the points calculator. It is the rules that matter.

When UKBA realise the conflicting info they will refer back to the rules and come back with a formal reply and say. 'Sorry but you need 100 points' and will probably come from Richard Jackson from UKBA

That is assuming they dont reject the application because it is like 2 years early

Immanuel 2010 · Post by **Immanuel 2010** » Thu Aug 18, 2011 10:08 pm

mtuckersa, Thank you for the advise. Even I am realizing the same.
And as you said my points to earn the extension would be 100.
I am in the UK and at the moment have a permanent job that makes me eligible for 75 points, however I have a year for the extension application and I better prepare.

Once again thanks....

cardifftier1 · Post by **cardifftier1** » Fri Aug 19, 2011 8:27 am

same problem here...
I applied in Aug 2010. My visa is valid until 1 Nov 2012.
And got 95 points, i am not sure if I meet the eligibility or I need 5 more points...
Can someone suggest me when I should start processing the extension? Oct 2012 is fine?

Thank you

mtuckersa · Post by **mtuckersa** » Fri Aug 19, 2011 6:09 pm

have you taken into account that you get 5 points for UK experience on extension?

cardifftier1 · Post by **cardifftier1** » Thu Aug 25, 2011 4:46 pm

Yes

I had 100 points when I applied last year.
Now I have only 95 (including the additional 5 points from UK exp)
If I can earn 3000 pounds more, I can get 5 points. May be I will switch the current job for this

mtuckersa · Post by **mtuckersa** » Thu Aug 25, 2011 10:43 pm

my opinion....another job paying more would be my plan....the numbers need to stack up,

but hey its your visa you decide...

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Immigration rules Part 6A and PBS mismatch for extension

Immigration rules Part 6A and PBS mismatch for extension

Re: Immigration rules Part 6A and PBS mismatch for extension

Received - Clarification from UKBA Helpdesk

What did you mean by that?