Immigrationboards.com

Hi

I know many questions have been asked about age in point calculation, but mine is slightly different. I wonder anyone can help?

I come to UK on June 06 with Work permit.
Applied to HSMP on February 08, I was 31 years old at that time and got 5 points from that.
I have got approval letter on March 08.
Waited a while before sending my passport to home office for new visa.
Eventually sent it on July 08, and got my Tier 1 (General) visa. The date on it shows the visa is given at Sep 10th 2008.
Meantime, I had my 32nd birthday on August 08.
I am applying to ILR next week and wondering whether I will get 5 points for my age. Which one counts? Is it when I have applied (February 2008) or when I got the visa (September 2008)?

Regards
Erdinc

Hi

Can anybody help me about this?

Regards

I rememeber reading somewhere in this forum 'one will get same points for age as in your last application to remain' irrespective of birthdays and age when applying for ILR

It would be worth checking old threads and use the search fecility

Though an email enquiry to IAB may provide a different (and not necessarily accurate) answer, I am of the firm opinion that it is your age on the date you applied for HSMP approval.

Though unrelated but still relevant (to support my reasoning):

The two HSMP JRs cover migrants who applied for HSMP approval before 03-Apr-06 and 08-Nov-06. The legal protection covered all those who applied on the basis of rules in force on the "date of application" and not on the basis of "date of entry clearance / leave to remain application or date of issue".

Likewise your HSMP approval was on basis of (amongst other things) your age on the date of an HSMP application. Any points for "age" to be awarded to you at the time of extension must therefore take into account the HSMP application date, and not any other date.

It is not your fault that UKBA followed a two-step process at that time (unlike PBS) and that one was allowed 6 months from the date of HSMP approval to apply for entry clearance / leave to remain.