Help understanding a rule in calculating points for ILR

[1sppandey]

Hi,

I am currently on tier 1 general. My first application for this category was in Apr 2007 as HSMP and then later in Apr 2009 I got extension in the Tier 1 category as I guess HSMP had been replaced by it. I will be soon applying for ILR in Apr 2012. I am not able to understand this particular rule while calculating my points. It would be great help if any of you can clarify it for me..!!

From the ILR guidance notes it says:

An applicant will be awarded no points for a Bachelors Degree if:

(a) His last grant of entry clearance was as a Tier 1 (general) migrant under 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 self-employed lawyer, or as a Tier (general) migrant


I cant make a head or tail of this, I intend to claim points for my bachelors degree from India (which is on their calculator) and which I used to claim points in my extention in 2009.



So does this mean I cant claim points for my bachelors or can I..???

[naCC]

This rule has nothing to do with you my friend ... read carefully again

[1sppandey]

This rule has nothing to do with you my friend ... read carefully again

Have read it many times...cant make the meaning clear...!!! if you understand it, would you pls care to eloborate..??

[nnj10]

An applicant will be awarded no points for a Bachelors Degree if:

(a) His last grant of entry clearance was as a Tier 1 (general) migrant under 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 self-employed lawyer, or as a Tier (general) migrant

a) talks about Entry Clearance, and your EC was granted in April 2007 not in 2009. In 2009, you just applied for extension under T1G.

so you will still be able to claim points for your bachelor degree.

[1sppandey]

An applicant will be awarded no points for a Bachelors Degree if:

(a) His last grant of entry clearance was as a Tier 1 (general) migrant under 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 self-employed lawyer, or as a Tier (general) migrant

a) talks about Entry Clearance, and your EC was granted in April 2007 not in 2009. In 2009, you just applied for extension under T1G.

so you will still be able to claim points for your bachelor degree.

Aah...its makes sense now...thanks a ton..!!

[linkers]

1sppandey: I am in exactly the same situation as you. Got HSMP in May 2007, Tier-1 Ext in Apr 2009 and due for ILR in Apr-May 2012.

I also got confused when home office first added these wordings on Page 19 of SET(0) and took me a while to interpret it properly.

I have done enough research on it and have also read the relevant law in Chapter6A, so don’t worry you will be fine and will be able to claim 30 points for the Bachelors Degree. (you don’t need to provide the degree at the time of ILR as you have already provided it in previous applications).

[1sppandey]

1sppandey: I am in exactly the same situation as you. Got HSMP in May 2007, Tier-1 Ext in Apr 2009 and due for ILR in Apr-May 2012.

I also got confused when home office first added these wordings on Page 19 of SET(0) and took me a while to interpret it properly.

I have done enough research on it and have also read the relevant law in Chapter6A, so don’t worry you will be fine and will be able to claim 30 points for the Bachelors Degree. (you don’t need to provide the degree at the time of ILR as you have already provided it in previous applications).

Thanks a lot for sharing...you have put my mind to rest and best of luck with your application