Weird Education clause in SET(O) Form

mkanagar · Post by **mkanagar** » Mon Jan 30, 2012 4:56 pm

Hi All,
I am in uk on Tier-1 General Visa.
I am planning to apply for ILR by Jan-2013 as I will complete 5 years of stay in UK at that time.
So, I was going through the SET(O) Form to apply for ILR.

I found a weird clause in section-9, page-19.
Link is given below.
http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Clause:
You can only claim points for a Bachelor’s degree level qualification if you have previously been granted leave to enter or remain as a Tier 1 General) migrant under the rules in place before 31 March 2009 or after 5 April 2010; or as a Highly Skilled Migrant, Writer, Composer or Artist or a self employed lawyer.

What does this above clause convey?

Explanation:
I got my HSMP visa from India on 1st Feb-2008 for 2 years.
And on 1st Feb-2010, I got my Tier-1 for 3 years.
And i only have bachelor's degree.

Will the above clause affect me in any ways.?
I got my tier-1 on Feb-2010, which is between Apr-2009 to Mar-2010.
So am i not eligible to claim points for Educational qualification?

can someone please help?

Thanks

Regards,
Mahesh

Post by **linkers** » Mon Jan 30, 2012 6:22 pm

I am in the same situation as you are and got confused when they first released this form. Don’t worry, you will be fine and will be allowed to use the same degree as you relied on last time.

I have done enough research on it and very confident about this.

Post by **linkers** » Mon Jan 30, 2012 6:25 pm

The statement on Page 19 is a bit confusing and interpreting it sometimes can be a bit confusing too. You can read Chapter6A of the ILR rules on this link for your peace of mind.

http://www.ukba.homeoffice.gov.uk/sitec ... chapter6a/

ashubhatt · Post by **ashubhatt** » Mon Feb 13, 2012 1:50 pm

Hi Linkers/Mahesh

I am in a similar situation as I have bechelors degree only.

Visa History

Work Permit: 23-03-07 - 23-03-12
Tier 1 (General Migrant) : 08-05-2009 - 08-05-2012
Entered in UK: 11-03-07 (On a Visitor Visa)

I'm thinking of applying for ILR on 23-03-12.

In the link you provided though the Table 2 says bachelors degree(mark the * sign) to earn 30 points below it says that

* An applicant will be awarded no points for a Bachelor’s degree if:

(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and

(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.

Please correct me if I am wrong. Where did you confirm this from?

Post by **linkers** » Mon Feb 13, 2012 2:04 pm

HI ashubhatt, don’t worry you should be fine. I have spoken to few people and they say whichever degree we relied on in previous application(s), we would be able to use the same degree.

You don’t even need to provide any evidence (that’s what I did in my Tier-1 ext). You have to tick the option, “evidence provided in previous application”.

ashubhatt · Post by **ashubhatt** » Mon Feb 13, 2012 2:12 pm

Hi Linkers

Just noticed that the differrence between Mahesh,Yours(Maybe) & me is that I came to UK on a WorkPermit whereas you guys on a HSMP. So as per b (ii) clause my bachelors degree would not score any points.

I havent submit my application yet but checked on the UKBA website (Point Based Calculator) etc

I'm confused what to do next? Linkers Do you have any email that can verify this?

ashubhatt · Post by **ashubhatt** » Mon Feb 13, 2012 4:37 pm

I found one interesting point and would like senior member/moderators to guide me on this.

Please bear with me its a long story:

I submitted Tier1 application on 12th January 2009 with my bachelors degree however it got refused on 25th Feb because of not submitting original degree. I re-submitted my application with original degree around 20th April mentioning that the previous application was only refused on the basis of not submitting original certificate(which is correct). I was granted Tier1 on 8-May-09.

My query is now when I'm applying for ILR would I score bachelors degree(30 points) points or not?.

Though I submitted application after 31th March, HO still considered my application with bachelors degree (I believe rules were changed after 31th of March to have Masters as minimum qualification for scoring 30 points, though i am not entirely sure)

Can I rely on my degree that I submitted with my previous application (as Linkers suggested) ?

Please Advice

nnj10 · Post by **nnj10** » Mon Feb 13, 2012 8:18 pm

You will be able to claim point for your bachelor degree because your previous grant of leave to remain (switch from WP->T1G) was as Tier-1, so it does not matter when it was granted between 31 March 2009 and 5 April 2010 or not.

Post by **linkers** » Tue Feb 14, 2012 12:13 am

nnj10 is correct. As long as you successfully claimed points (even once) in your previous application(s), you will get the same points at the time of ILR.

ashubhatt · Post by **ashubhatt** » Thu Apr 19, 2012 8:46 pm

ashubhatt wrote:Hi Linkers/Mahesh

I am in a similar situation as I have bechelors degree only.

Visa History

Work Permit: 23-03-07 - 23-03-12
Tier 1 (General Migrant) : 08-05-2009 - 08-05-2012
Entered in UK: 11-03-07 (On a Visitor Visa)

I'm thinking of applying for ILR on 23-03-12.

In the link you provided though the Table 2 says bachelors degree(mark the * sign) to earn 30 points below it says that

* An applicant will be awarded no points for a Bachelor’s degree if:

(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and

(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or Artist, as a Self-employed Lawyer, or as a Tier 1 (General) Migrant.

Please correct me if I am wrong. Where did you confirm this from?

hey guys, just wanted to thank you all for your help when I needed the most. Weird cause about the qualification was a nightmare but with your help i made it and I got my PR couple of days ago. Just wanted to thank you all for your help.

Best luck to you all

Post by **linkers** » Fri Apr 20, 2012 9:55 am

Congrats ashubhatt and thanks for letting us know about the success of your ILR.

I hope you didn’t have to explain anything to case worker about your degree.

ashubhatt · Post by **ashubhatt** » Fri Apr 20, 2012 11:10 am

linkers wrote:Congrats ashubhatt and thanks for letting us know about the success of your ILR.

I hope you didn’t have to explain anything to case worker about your degree.

No they didn't ask anything. Thanks for your help

Post by **linkers** » Fri Apr 20, 2012 11:12 am

That's great ! Thanks again ashubhatt

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Weird Education clause in SET(O) Form

Weird Education clause in SET(O) Form