Urgent ILR - Qualifications notes - Appendix A - Attributes

Yogiyogi · Post by **Yogiyogi** » Tue Dec 06, 2011 2:45 pm

Below thing is mentioned in immigration rule - Appendix A - Attributes.
My friend got tier-i in april 2009 on bachelors degree(Mumbai university) and claimed 30 points that time. Is it not applicable for ILR now? Please reply.

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Qualifications: notes
13. An applicant will be awarded no points for a Bachelor's degree if:

(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or

(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and

(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly skilled Migrant, as a Writer, Composer or artist, as a self-employed lawyer, or as a Tier 1 (General) Migrant.

zahid.ali.anwar · Post by **zahid.ali.anwar** » Tue Dec 06, 2011 3:50 pm

Any points you have claimed at the time of entry clearance will be valid till the time you apply for your ILR. The only thing to consider is what was the date he applied for his HSMP or Tier 1 G.

I am sure that if the UKBA has awarded him 30 points on Bachleor degree at the time of his entry clearance, then he will get the same point at the time of extension aswell.

aspirant09 · Post by **aspirant09** » Tue Dec 06, 2011 5:54 pm

he may have got Tier1 in April 2009 but must have applied before 31.03.2009 so the rules applied would be those of before 31st march therefore he can surely claim points in ILR as well.

Yogiyogi · Post by **Yogiyogi** » Mon Dec 12, 2011 5:14 pm

@aspirant09- yes, he is applied before 31-Mar-2009. Are you absolutely sure there will be no problem for ILR.

Anyone else if have more information, could you please share?

Sorry , just nervous.

Thanks

Bobbylondon · Post by **Bobbylondon** » Mon Dec 12, 2011 5:25 pm

Yogiyogi wrote:@aspirant09- yes, he is applied before 31-Mar-2009. Are you absolutely sure there will be no problem for ILR.

Anyone else if have more information, could you please share?

Sorry , just nervous.

Thanks

If you go word by word, where the points for qualification are mentioned, it is clear, if you applied before 31st March 2009, 30 points for Bachelors shall be granted at the time of ILR as well.
So I do not see any issue, in getting 30 points for Bachelor qualification. Do not forget to take the original degree / NARIC certificate, whatever you have got.

sab124 · Post by **sab124** » Mon Dec 12, 2011 5:30 pm

Was you frnds Tier1 in Apr 2009 was Entry Clearance or Leave to reamin as Tier1?

based on this, the clause can be evaluated using TRUE/FALSE to see whats the final outcome.

Yogiyogi · Post by **Yogiyogi** » Tue Dec 13, 2011 1:36 pm

@sab124 - its tier i which got in april-2009 was applied from london.... so its not entry clearence. On passport, its mentioned as residance permit(leave to remain)

Any thoughts how it will be eveluated as true or false?

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Urgent ILR - Qualifications notes - Appendix A - Attributes

Urgent ILR - Qualifications notes - Appendix A - Attributes