ILR - same points as last Tier 1 ?

[rshelar]

I am referring to the first poster in below thread who went to PEO and the caseworker said that the points claimed for ILR should be same as last Tier 1 application.

http://www.immigrationboards.com/viewtopic.php?t=98848

I would have thought there is no such rule.

Can someone really confirm the rule regarding the same amount of points?

If I have to claim the same amount of points I will have to wait 12 months and show that many payslips.

If I dont have to claim exact same points as last time then I can apply much earlier.

Has anyone suceeded in getting ILR by showing much less points than what they showed for T1G or T1G extension?

[[iD]]

Long story short, that caseworker doesn't know what she's talking about.

[Keyrun]

As long as you score more than 75 points, it is all rosy...

[linkers]

I would agree with [iD] & Keyrun: Some case workers are still confused about the rules.

The rules are very clear and require you to score 75 or 80 points (depends when you got the first grant) and as long as you meet the minimum points, there is no reason to refuse your application.

If you were earning 45k at the time of Tier-1, you could be earning 55k or even 30k at the time of ILR and it shouldn’t affect your ILR (as long as you score 75 or 80 points).


As always I would advise, if anybody has got any type of complication, then go to Croydon as there are Senior CWs there which the other PEOs don’t have at the moment.

I have seen from various posts on this forum that if your case is not straight forward, then other PEOs don’t normally refuse the application but advise to apply by post. And they also tell applicants that they don’t have level 7 grade officers.

[laweee]

@OP I agree with linkers that most case workers are confused about the rules.

I got my ILR last week at the Croydon PEO. While the case worker was going through my documents, she mentioned that I was claiming less salary and less points for earnings than my Tier 1 application. I admitted that that was the case and I explained to her that I have 85 points for ILR nonetheless; which is more than the minimum requirement.

So I'll suggest you make this clear to the case worker.

Cheers

[rshelar]

Thanks all.

The reason I was concerned is that makes a difference when I can apply. I would want to claim less points, still more than 75 allowing to apply early. If I claim more than 100 points as I did last time then I will have to wait longer.

Is there anyone who applied with less points and not necessarily less salary and got ILR?

Thanks.

[push]

Thanks all.

The reason I was concerned is that makes a difference when I can apply. I would want to claim less points, still more than 75 allowing to apply early. If I claim more than 100 points as I did last time then I will have to wait longer.

Is there anyone who applied with less points and not necessarily less salary and got ILR?

Thanks.

Carry a copy of the Immigration Rules while applying:

Attributes for Tier 1 (General) Migrants
7. An applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.

8. An applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes.

9. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant whose application is being made under terms of the HSMP ILR Judicial Review Policy Document is not required to score points for attributes.

10. Available points are shown in Table 2 and Table 3 below. only one set of points will be awarded per column in each table. For example, points will only be awarded for one qualification.

[nionlight]

@OP I agree with linkers that most case workers are confused about the rules.

I got my ILR last week at the Croydon PEO. While the case worker was going through my documents, she mentioned that I was claiming less salary and less points for earnings than my Tier 1 application. I admitted that that was the case and I explained to her that I have 85 points for ILR nonetheless; which is more than the minimum requirement.

So I'll suggest you make this clear to the case worker.

Cheers

The rule is there for more than a year and these case officers are still confused? what are they smoking?????????? do they get commission for every refusal application? I wont be surprise it that is the case.. SIGH...

[suji]

OMG, you guys made me really nervous and less confident for applying for ILR. I am due on 30/04. My points are dropped from 100 to 75 as a result of working part time for child care commitment. My tier 1 was before 6/04/10 so need 75 points as per guidance. will it be ok for ILR?

[push]

OMG, you guys made me really nervous and less confident for applying for ILR. I am due on 30/04. My points are dropped from 100 to 75 as a result of working part time for child care commitment. My tier 1 was before 6/04/10 so need 75 points as per guidance. will it be ok for ILR?

Dont worry, you should be fine. As suggested, carry a copy of the guidance notes with you.

[nnj10]

You might want to take a print out of this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary and highlight the relevant section.
In case of any mis-understanding by caseworker, you can simply point him/her out in right direction

[nionlight]

Did any of you guys have any issues with claiming less point than previous Tier-1 extension? I am in same situation claiming less point and exactly 75. I hope this rule is well established by now and case officers are not confused