Tier 1 Changes - TRANSITIONAL ARRANGEMENTS

[Pacman#1]

Hi All,

I have read the details of changes introduced and the transitional arrangements as well.

I have been caught in a little difficult situation here. I have Tier 1 visa and I am currently in UK. Please review the situation below and advise the appropriate action.

- I applied for EC on March 30, 2009 claiming points for my bachelor degree. Rules not allowing the Bachelor degree points were enforced on March 31, 2009.
- My visa is valid from May 2009 to May 2012.
- The new rules do not allow the points for bachelor degree for those who were granted a leave on or after March 31, 2009.
- As per transitional arrangements I will not be able to claim the points for my bachelor degree which will ensure that my points remain less than 95 in total.

Please comment if there are any other victims of this rule change who fall in the same category.

I am looking forward to consult it here and may decide of further action based on the advices received. Challanging it in court is an option.

Thanks a lot every one.

[vks]

Hi All,

I have read the details of changes introduced and the transitional arrangements as well.

I have been caught in a little difficult situation here. I have Tier 1 visa and I am currently in UK. Please review the situation below and advise the appropriate action.

- I applied for EC on March 30, 2009 claiming points for my bachelor degree. Rules not allowing the Bachelor degree points were enforced on March 31, 2009.
- My visa is valid from May 2009 to May 2012.
- The new rules do not allow the points for bachelor degree for those who were granted a leave on or after March 31, 2009.
- As per transitional arrangements I will not be able to claim the points for my bachelor degree which will ensure that my points remain less than 95 in total.

Please comment if there are any other victims of this rule change who fall in the same category.

I am looking forward to consult it here and may decide of further action based on the advices received. Challanging it in court is an option.

Thanks a lot every one.

I don't understand your question here.

Since you have applied on March 30 2009, you claimed points for Bachelors degree. While you extend also, you are eligible to extend your visa, using your Bachelors degree, as per existing rule. Even, if you apply as new applicant, after April 6, 2010, you can claim points for Bachelors, but the points for earnings have changed substantially!

[Pacman#1]

Thanks a lot Vks for your response.

Following is a statement in the "STATEMENT OF POLICY" document (Page 5), issued by UKBA recently concerning the changes in PBS rules.

"Points for a Bachelor degree and/or earnings under £20,000 will not be available for those who were previously granted leave under Tier 1 (General) on or after 31 March 2009."

Since my visa was granted after March 31, 2009 (although I applied on March 30, 2009), I will not be able to claim bachelor degree points in extension application, as per new rules.

I hope I have been able to explain my concern now. I look forward to your advice.

[[iD]]

Thanks a lot Vks for your response.

Following is a statement in the "STATEMENT OF POLICY" document (Page 5), issued by UKBA recently concerning the changes in PBS rules.

"Points for a Bachelor degree and/or earnings under £20,000 will not be available for those who were previously granted leave under Tier 1 (General) on or after 31 March 2009."

Since my visa was granted after March 31, 2009 (although I applied on March 30, 2009), I will not be able to claim bachelor degree points in extension application, as per new rules.

I hope I have been able to explain my concern now. I look forward to your advice.

good question but since you were granted EC on the basis of old rules you will be covered by transitional arrangement (means new rules won't affect you)

[vks]

Thanks a lot Vks for your response.

Following is a statement in the "STATEMENT OF POLICY" document (Page 5), issued by UKBA recently concerning the changes in PBS rules.

"Points for a Bachelor degree and/or earnings under £20,000 will not be available for those who were previously granted leave under Tier 1 (General) on or after 31 March 2009."

Since my visa was granted after March 31, 2009 (although I applied on March 30, 2009), I will not be able to claim bachelor degree points in extension application, as per new rules.

I hope I have been able to explain my concern now. I look forward to your advice.

The rules that were there on 30th March 2009 applies to you (Though your Visa starts in May 2009). You may write to UK BA to confirm the same.

[Pacman#1]

Thanks a lot Vks and [iD] for your responses.

Originally I should be covered by the rules on March 30, 2009 but the statement is conflicting.

I have written to UKBA on this. Will update you once I receive the response.

[sadiq_shaikh]

Hi,
Please let me know if you get any reply as I am also in similar situation:
Applied for Tier1 on : 27th March 2009
Got Tier1 stamping from : 6th May 2009 to 6th May 2012


Regards,
Sandy

[Pacman#1]

Hi Sandy/ All,

I have just checked the points calculator at UKBA website where the transitional arrangements have been implemented into it.

It has now been clarified that any one who applied on or before March 30, 2009 is allowed to claim points for bachelor degree.

All the best everyone.