ILR rules for HSMP MBA provision visa holder

[HSMP_MBA_provision]

Dear seniors/moderators,

I have been reading the posts on this fourm and they are excellent and very helpful. I tried to search all relevant posts as per my below query but could not find a specfic answer so please accept my applogies in advance if this is a repeat question!

I need help on the new rules for ILR for HSMP/Tier 1 visa holders. I know we have to meet the same point criteria as per the first application but I am confused about my situation. My scenrio is as follow

I qualified for HSMP under MBA provision in Dec 2007, and received 75 points directly for attributes. I got 2 year HSMP visa and then I extended my visa under Tier 1 (general) in Dec 2009 for another three years.

At the time of extension I had to meet point criteria for earnings and age etc. I need to show only £20K to meet the points. AT that time total points required were 75+10+10=95

Now my question is for ILR application in Dec 2012 which rules will apply for me? Are the rules for first HSMP approval letter in Dec 2007 where I did not need to show any earnings or the rules in Dec 2009 where I have to show atleast £20K. Similarly which age will be considered for me. I was 27 at the time of HSMP approval letter and 29 at the time of Tier 1 extention.

I tried to search UKBA website as well but could not find any details. If anyone know a link then please share.

Thanks in anticipation.

Cheers

HSMP_MBA_provision holder

[geriatrix]

See also Tier 1 settlement guidance to understand the current eligibility criteria for settlement as a Tier 1 (General) migrant.

[pmmunir92]

There may be a very small number
of applicants who are currently in the United
Kingdom under Tier 1 (General) or the Highly
Skilled Migrant Programme and whose
qualification has previously been assessed
to be of a higher level than shown by the
Tier 1 (General) points based calculator.
These applicants may claim the higher points
score, in line with the previous assessment,
provided they are using the same qualification
as used in their initial application. Appendix A
paragraph 17 of the Immigration Rules gives
more details.
An applicant who is not sure what
points he/she was previously awarded under
the HSMP should contact the Customer
Contact Centre on 0114 207 4074.
62. In these cases, we will refer to our
records. We will only be able to award
a higher points score where each of the
following requirements is met:
• the applicant is currently in the United
Kingdom under Tier 1 (General) or the
Highly Skilled Migrant Programme;
• the applicant is relying on the same
qualification for which we previously
awarded points in this area;
• the earlier assessment of the qualification
confirmed that it was equivalent to a higher
level of qualification than is now shown by
the points based calculator; and
• there is no evidence that the applicant
used deception to obtain the earlier
decision.
How. there is still 75 points for MBA provision extention available from UKBA if your first application was for MBA provision ccording to immigration rule, paragraph 17 appendix A.