ILR for HSMP/ Tier 1 Visa

[viglant]

I am making a query on behalf of a friend.

According to my friend he got his first HSMP/ Tier 1 visa on 18 Jan 2008 until 18 Jan 2010 (2 years). He got 40 points for earnings and 35 points for maters degree. He did not claim any age points.

He was granted the Second HSMP/ Tier1 visa from 22Feb 2010 to Feb.2013 (3 years). The points he got this time were as follows.

Earnings ----- = 40
Master Degree =35
UK Experience = 5
For English Language and Maintenance (Funds) 5+5 =10
Age ----- = 0 (Not Claimed)

According to him the time (18 Jan 2008) when he entered the HSMP programme, the rules were simple. Simply after completing 5 years on HSMP, he would apply for ILR without going to the POINT SYSTEM AGAIN.

His question: Is he going to follow new rules when applying for his ILR?

His ILR is due sometime after April 2012.


Thanks

[malepiscean]

Unless your friend is covered by HSMP JR (Judicial Review) - which I think he is not, there are no exemptions available to him as far as Settlement is concerned. He must claim equal or more number of points as compared to his last grant of leave in the qualifying category (which is 22-Feb-10 as per your post - so he must score 90 or more points).

Please also read questions #6 & 7 from the top on this page.

[linkers]

Also he won’t be eligible until Jan 2013 (not 2012).

[barker]

He must claim equal or more number of points as compared to his last grant of leave in the qualifying category (which is 22-Feb-10 as per your post - so he must score 90 or more points).

As far as I am aware there is no need to match the points gained in your previous application as long as the threshold is met. Since he was gratned his first leave to remain before July 2010 he should need 75 points to qualify.

http://www.ukba.homeoffice.gov.uk/visas ... nt/points/

[linkers]

I would agree with barker; he doesn’t need to meet the same points as he met in last application. As long as he scores 75 points at the time of ILR, he should be fine.