Tier 1 (General) extension Points for Qualification - Help!!

[eastrunner]

Hi All,

I'm having a massive panic moment on this

Original Arrival under HSMP Letter June 2007
1st HSMP Visa issued October 2007 (Arrived in the UK in October 2007)

Extended stay under Tier 1 General in July 2009 Passport Stamped in August 2009 until August 2012

Unfortunately I'm short of 2 months for ILR and need to extent my current Tier 1 General visa. I have verified this with the UKBA a few times.

I was going through the application and they state that in the points calculator and the guidance that I will not get points for my Qualification (Bachelors Degree).

Is this correct I called UKBA and they said go by the points calculator and if this is so I cannot extent my current Visa until October .

Thanks

ER

[geriatrix]

Reading the policy guidance and this topic should help.

[Palmist]

According to this, no points for Bachelors

56. 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

[cs95tdg]

According to this, no points for Bachelors

56. 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

Just to avoid possible confusion here, the OP did not apply for EC as a Tier 1 (General) Migrant within the time period mentioned above. So the above statement does not apply to him.

He applied for "leave to remain" as a Tier 1 General Migrant. His original EC was as a Highly Skilled Migrant (HSMP) in 2007.

[Palmist]

According to this, no points for Bachelors

56. 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

Just to avoid possible confusion here, the OP did not apply for EC as a Tier 1 (General) Migrant within the time period mentioned above. So the above statement does not apply to him.

He applied for "leave to remain" as a Tier 1 General Migrant. His original EC was as a Highly Skilled Migrant (HSMP) in 2007.

rule says last grant EC which in this case is Tier 1 so the rules does apply to OP.

[geriatrix]

rule says last grant EC which in this case is Tier 1 so the rules does apply to OP.

Entry clearance cannot be applied for from within the UK.

[eastrunner]

Hi There,

Thanks for your replies so far, OMG so as you mentioned i cannot extent my Tier 1 general!!!!!, the wiered thing tis that I spoke to an immigration lawyer and he said that 'a qualification is a qualification' anyway waht are my options?

Should I tell my employer and try to Tier 2 route?

What do you mean that I cannot apply for entry clerance from within the UK? would going outside make a difference?

Thanks

ER

[eastrunner]

Please look at point B (ii)

Read it carefully, I think my first entry clerance the
'before that leave' WAS under HSMP so I negate that condition and so I should be awarded points. Am I correct??


56. 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.

[vidya]

Hi ,

I am in the same position as you ...i entered under HSMP in 2008 and got leave to remain in november 2009 under tier 1...i dont qualify for PR and need another tier 1 extension ...so if they do not grant me points for bachelors degree i will not qualify for the extension, but I have read the guidance in the same way that you have...and i believe points will be awarded for bachelors degree for those who came prior to the rules change in 2009.

[cs95tdg]

Please look at point B (ii)

Read it carefully, I think my first entry clerance the
'before that leave' WAS under HSMP so I negate that condition and so I should be awarded points. Am I correct??


56. 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.

Neither points a or b (i + ii) apply to you based on the details you have posted in this topic. Please read all the information provided to avoid confusion, and also understand the terms used. E.g.

The difference between "Entry Clearance" & "Leave to Remain"
The term EC (Entry Clearance) refers to the entry-permission (visa) granted to someone who is outside the UK.

Once you are in the UK, you apply for "leave to remain" when extending your visa.

Have you read the following and the Help available under the PBS Calculator? If not I'd suggest you do, as it will clear your doubts and answer the questions you are asking:
http://www.ukba.homeoffice.gov.uk/visas ... tsforhsmp/

I've highlighted in Bold Blue information that is clearly relevant to you:

Points-based calculator - help

Enter the date you first successfully applied under Tier 1 of the points-based system.

If you are applying under Tier 1 (General) of the points-based system this must be on or after 29 February 2008. If you first successfully applied under the Highly Skilled Migrant Programme (HSMP), Self Employed Lawyers concession or the Writers, Composers and Artists category and you are applying under Tier 1 (General) enter 29 February 2008.

Date of application

For applications made from inside the UK this will be taken to be:
■where the application form was sent by post, the date of posting; or
■where the application form was sent by courier, the date on which it was delivered to the UK Border Agency or the Home Office; or
■where the application form was submitted in person at a Public Enquiry Office, the date on which the application and associated payment was accepted.

[eastrunner]

Thanks All for clarifying this I'm now crystal clear!!!

ER