ILR from HSMP now Tier 1 General - Points Calculations

[wiltshire]

My partner is preparing for her ILR and we're uncertain of what point-based system to used. Originally came in under the Highly Skilled Migrant Program in Feb 2009 (just before they stopped accepting Bachelors degrees), and renewed under Tier 1 (General) a couple years ago. When she renewed, her points-based calcuations followed the HSMP so easily passed (100 out of 75 required).

Now with ILR, she's on a Tier 1 (General) after July 2010 so the calculations have changed and it looks like under those calculations she's about £500 short of the required earnings level to reach 80 points (75 out of 80 required).

Has anyone else had experience with this? Should she still be using the points based system from when she very first applied in 2009, or one based on her current Tier 1 (General) leave issued in 2012?

[wiltshire]

Actually it looks like she entered originally as a Tier 1 (General) Migrant in early 2009. "Tier 1(General) Migrant" is the exact wording on her UK entry clearance sticker in her passport. In 2012 she extended her leave under Tier 1 (General) Migrant.

For ILR, does this mean she's subject to the points-based calculation rules in place when she was originally granted leave in 2009, or the rules in place when her leave was extended in 2012?

Thanks!

[wiltshire]

FYI finally got hold of someone at UKBA Croydon 0870, who confirmed that the points system used is the one she originally applied under the very first time. This is good news, and hopefully that should be the same approach taken for the caseworker who processes the ILR application.