tier1 visa appeal allowed

[aliarshad79]

Hi there
My hsmp case(assessment) was submitted in Feb 2008(before tier1) and was first refused in March 2009.I applied for AR and my application was approved in April 2009.I then applied for visa in October 2009 and my visa application was again refused due to a querry which had to be done in assessment while my assessment had already been approved.I then however appealed against the decision in first tribunal and my appeal has been allowed.The home office lawyer claimed they have a report but could not present it b4 the court so the judge accepted my appeal against home office.
Now the court is saying to wait for the home office to cntact me and they will ask for our passports and then visa will be granted.My case was submitted with a dependant fom UK but now I have a baby boy as well.I want to know that which policy will be applied to my case.Would I be granted 3 years visa(as it was in hsmp) bcos my first application was made in Feb2008?Or our visa would be granted on new policy (2 year) but again now a days the requirement for xtension is 100 but the time I sent my visa application in October 2009,the tier 1 visa extension required 95 points.Can anyone please explain and guide me through this.

[rizwan567]

You fall under old rules i.e extension rules in place at the time you first applied.

You should get 3 years visa but no wonder if you are offered 2 years visa from embassy. Duration of visa does not define in any way that which rules (old/new) you come under. It is the date of application that matters. But i would advise you when submitting passport write a letter to BHC explaining the same.

Once you get visa.......For your son, I think you would need to make a fresh application with new fees and supportive evidence. But there is no harm in contacting BHC in your country and explaining the situation they may be able to give you some suggestion on it.