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Hi

I have my appointment next week and really need help to clarify this statement under SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT in set(o) form:

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Applications for indefinite leave to remain where an applicant has had leave as a Writer, Composer or Artist, self-employed, lawyer, or as a Tier 1 (general) Migrant under the rules in place before 6 April 2010

or

rules in place on or after 6 April 2010
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This is my situation:

Entry Clearance: 26th March 2008 till 26th March 2010
Tier1 General: Refused on 20th April 2010 due to not meeting the required points (70 out of 75)
Appeal: Granted on 6th July 2010
Tier 1 General after appeal: 9th Sept 2010 - 9th Sept 2013

I believe I should be applying under Tier 1 (general) Migrant under the rules in place before 6 April 2010. I earn over 40,000 pounds so which gets me the 45pt to scale the 75pt required now. I do not see how I can earn over 75,000pounds within 2yrs (would love to) to earn 45pts.

chelsea2014 wrote:Hi

I have my appointment next week and really need help to clarify this statement under SECTION 9 - TIER 1 POINTS SCORING ASSESSMENT in set(o) form:

*********************************************************
Applications for indefinite leave to remain where an applicant has had leave as a Writer, Composer or Artist, self-employed, lawyer, or as a Tier 1 (general) Migrant under the rules in place before 6 April 2010

or

rules in place on or after 6 April 2010
*********************************************************

This is my situation:

Entry Clearance: 26th March 2008 till 26th March 2010
Tier1 General: Refused on 20th April 2010 due to not meeting the required points (70 out of 75)
Appeal: Granted on 6th July 2010
Tier 1 General after appeal: 9th Sept 2010 - 9th Sept 2013

I believe I should be applying under Tier 1 (general) Migrant under the rules in place before 6 April 2010. I earn over 40,000 pounds so which gets me the 45pt to scale the 75pt required now. I do not see how I can earn over 75,000pounds within 2yrs (would love to) to earn 45pts.

Please anyone been in this situation or am I just going too far?

I would explain in the cover letter and mention that this is how I am calculating the points as the issue was with HO and not me. You should be fine.

vivdubes wrote:I would explain in the cover letter and mention that this is how I am calculating the points as the issue was with HO and not me. You should be fine.

Thanks for the reply.. How do i explain this in my cover letter. anyone been in similar situation?

Hi,

I think the date which matters is the first application date of the first Tier-1, as you are given a Tier-1 before 6th Apr 2010, this should not impact you.

In my case, I got first tier1 in 2008 as well and Im going with rules before 6th Apr 2010 and claiming 45 points for above 40K earnings im showing.

Hope that will be ok.

Other post seems to suggest the important date is your first application date of your first tier-1

Regards,
Pav

pavan_fb wrote:Hi,

I think the date which matters is the first application date of the first Tier-1, as you are given a Tier-1 before 6th Apr 2010, this should not impact you.

In my case, I got first tier1 in 2008 as well and Im going with rules before 6th Apr 2010 and claiming 45 points for above 40K earnings im showing.

Hope that will be ok.

Other post seems to suggest the important date is your first application date of your first tier-1

Regards,
Pav

Hi Pav thanks for the reply. I am a bit confused when you said your Tier 1 was in 2008 but my first application was HSMP in 2008 and Tier 1 in 2010 so not sure what you mean by first Tier 1 application or you mean the first time I applied before it was refused?

Hi,

I meant your application date of your tier 1 being 20th April 2010, that is the date when you applied with all the delays with your appeal wont change that application date, hence i think you should be ok.

It might be best for you to talk to one of the registered immigration advisors to be on safe side.

Regards,
Pav

pavan_fb wrote:Hi,

I meant your application date of your tier 1 being 20th April 2010, that is the date when you applied with all the delays with your appeal wont change that application date, hence i think you should be ok.

It might be best for you to talk to one of the registered immigration advisors to be on safe side.

Regards,
Pav

The application date wasn't 20th April 2010, it was clearly few weeks before the Visa expired on 26th March 2010 since it was by post

Even better then isint, do you have the reciept of special delivery post you sent to UKBA for your tier1? or any acknowledgement letter?

If so you can provide that as evidence of your date of application.

Regards,
Pav

pavan_fb wrote:Even better then isint, do you have the reciept of special delivery post you sent to UKBA for your tier1? or any acknowledgement letter?

If so you can provide that as evidence of your date of application.

Regards,
Pav

Oh sure, it was already nicely packaged

thanks