Tier 1 (General) – Highly Skilled Workers
The Tier 1 (General) category is for highly skilled persons. If you qualify under this category, you can come to the UK without having secured employment and without the need for any sponsor. You will have the freedom to work or engage in business as you please.
In order to qualify under this category, you must demonstrate that you are highly skilled, have money to support yourself, and can speak English. In this category points are awarded for attributes which include age, qualifications, and earnings. An applicant must score a total of 80 points in the attributes section of the application and applicants must also score 10 points each for maintenance and English language requirements. An initial 2 year visa is granted which can be renewed for a further three years to a total of 5 years. After 5 years, you will be eligible to apply for Indefinite Leave to Remain.
The criteria against which eligibility is assessed has varied significantly since the points based system began as the criteria for awarding points has changed so many times over the past few years. Further, the precise requirements for documentary evidence, and the manner in which past earnings are calculated, is very technical, and both Entry Clearance Officers, and the Home Office caseworkers apply the requirements very rigorously. Many times applications from persons who have a perfectly good claim are rejected because of mistakes in the application process. This results in delays and expense in remedying the situation. Sometimes unfortunately the situation cannot be remedied and persons with perfectly good claims lose their entitlement simply because of avoidable mistakes in the application process. We would strongly advise that either professional advice and assistance is sought before making an application, or alternatively, the immigration rules and guidance is read and understood thoroughly by applicants and each and every requirement is carefully complied with.
We are able to advise and represent in all matters related to such applications. If you would like assistance, please contact us.
Tier 1 (Entrepreneurs)
To apply within the Tier 1 (Entrepreneur) category applicants will have to demonstrate that they have £200,000 available to do business with in the United Kingdom. The funds must be deposited with an authorised financial institution and a third party may provide all or some of them. The visa is initially granted for three years and can be extended for another 2 years after which a migrant becomes entitled to acquire Indefinite Leave to Remain. However, to successfully extend in the Tier 1 (Entrepreneur) visa category an applicant must exhibit that they have £200,000 invested in UK businesses and s/he must also create two full-time jobs.
To qualify under the criteria set out by the UKBA applicants must satisfy the maintenance and English proficiency requirements by scoring 10 points for each.
Tier 1 (Investors)
The criteria to apply within the Tier 1 (Investor) category of the points-based system applicants must demonstrate that they are capable of investing £1 million in the UK. Applicants must additionally prove that they can maintain themselves and speak English. There are several ways to exhibit that the requisite funds are available for investment in the UK. A mixture of property and cash money can be used. However, a departure from the £1 million cash requirement to qualify for the points for attributes is quite complex. This visa is initially granted for a period of 3 years which is can be extended for to a total of 5 years time after which a migrant can apply for Indefinite leave to remain in the UK.
To qualify under the criteria set out by the UKBA applicants must satisfy the maintenance and English proficiency requirements by scoring 10 points for each.
Tier 1 (Post-study workers)
Graduates from UK universities and equivalent institutions can apply under Tier 1 (Post-study work) sub-category to work in the UK. If you graduated from a university in the UK with an undergraduate, graduate, or doctoral degree you can apply to stay here to work once you have completed your studies. However, no part of your stay during your studies in the UK can be without a valid visa. The application must be made within a year of receiving your UK degree qualification and the visa is granted for a period of two years. Time spent under this category will not count towards an application for Indefinite Leave to Remain unless such an application is made under the long residence rules. A post-study worker who is employed by the same employer for a period of six months continuously can switch into the skilled migrant category in Tier 2 without having to pass the Resident Labour Market Test and hence they are awarded 30 points automatically.
To qualify under the criteria set out by the UKBA applicants must satisfy the maintenance and English proficiency requirements by scoring 10 points for each.
Tier 2
The Tier 2 category is for skilled workers and it consists of four sub-categories. These are Tier 2 (General), Tier 2 (Minister of religion), Tier 2 (Sportsperson), and Tier 2 (Intra company transfer). For such applications to be made successfully, the migrant’s application must be sponsored by a licenced sponsor.
Some features, such as points awarded for degree qualifications, and future earnings, are common to all Tier 2 sub-categories. Applicants with undergraduate degrees are awarded 10 points and those with post-graduate degrees are awarded 15 points. A Levels or qualifying national equivalent qualifications are also awarded 5 points. Moreover, in the attributes section of the application applicants must exhibit that they can score 50 points. This can be achieved in a variety of ways and is set out below.
To qualify under the criteria set out by the UKBA applicants must satisfy the maintenance and English proficiency requirements by scoring 10 points for each.
Tier 2 (General)
To be eligible for a Tier 2 (General) visa an applicant within the UK must be able to switch into Tier 2 (General). Otherwise applications for entry clearance can be made from overseas. To qualify for a Tier 2 (General) visa, a migrant will have to be sponsored by a licenced sponsor who must assign a certificate of sponsorship (CoS) to the migrant applying. A CoS is a reference number produced by the UKBA which links the sponsor and the migrant for the purposes of the application. Moreover, the applicant’s job must either be on the shortage occupation list (consisting of occupations such as but not limited to butchers and cooks) or pass the resident labour market test. If the job is on the Shortage Occupation List (SOL) then an applicant earns 50 points. In the attributes section of the application 50 points must be scored to make the application successfully.
Alternatively applicants can score 30 points by passing the Resident Labour Market Test (RLMT). In sum, skilled jobs which are not on the SOL can be advertised for 28 days at a Job Centre Plus and if there is no response to the advertisement then an applicant can be awarded 30 points in the attributes section.
Another avenue to enter the Tier 2 (General) sub-category can be acquired by converting an existing Tier 1 (Post-study work) visa into a Tier 2 (General) visa. If an applicant has been working for the same employer for the past six months and if the employer sponsors the post-study worker’s application the post-study worker can switch into Tier 2 (General) without satisfying the RLMT.
To qualify under the criteria set out by the UKBA applicants must satisfy the maintenance and English proficiency requirements by scoring 10 points for each.
Tier 2 (Ministers of religion)
This sub-category caters to people who want to take up employment or posts or roles within their faith communities in the UK as:
• Ministers of religion undertaking preaching and pastoral work
• Missionaries
• Members of religious orders
In order to be granted a visa as a Tier 2 (Minister of religion) an applicant will need to have (i) a sponsor who is registered for sponsoring migrant workers and; (ii) a certificate of sponsorship.
Tier 2 (Sportsperson)
Applicants can claim 50 points for your Certificate of Sponsorship in this category. In order for a Certificate of Sponsorship to be issued the sponsor will need to have obtained an endorsement for the applicant from the appropriate governing body for their sport. The endorsement will confirm that:
• The applicant is internationally established as a player or coach at the highest level, and
• She or he will make a significant contribution to the development of your sport at the highest level in the United Kingdom, and
• The post could not be filled by a suitable settled worker.
To qualify under the criteria set out by the UKBA applicants must satisfy the maintenance and English proficiency requirements by scoring 10 points for each.
Tier 2 (Intra-company transfers)
Staff employed by multi-national companies can be transferred to a United Kingdom based branch of the same organisation either on a long-term basis or frequent short visits. Applicants cannot use this route if they are employees of an overseas organisation that is not linked by common ownership or control to the UK entity. There are 3 sub-categories of Intra-company transfer:
1. Staff – if you are an established employee of a multi-national company and are being transferred to a skilled job that could not be carried out by a new recruit from the resident workforce.
2. Graduate Trainee – if you are a recent graduate of a multi-national company and are being transferred to the UK branch of the same organisation as part of a structured graduate training programme, which clearly defines progression towards a managerial or specialist role.
3. Skills Transfer – if you are an overseas employee of a multi-national company and are being transferred to the UK branch of the same organisation in a graduate occupation to learn the skills and knowledge you will need to perform your job overseas, or to impart your specialist skills to the UK workforce.
To apply under the intra-company transfer category, applicants must have:
• A sponsor and
• A valid certificate of sponsorship
Applicants are awarded points based on:
• Qualifications
• Future expected earnings
• Sponsorship
To qualify under the criteria set out by the UKBA applicants must satisfy the maintenance and English proficiency requirements by scoring 10 points for each.
Tier 5
Temporary Workers are divided into the following sub-categories:
• Temporary workers – creative and sporting
• Temporary workers – charity workers
• Temporary workers – religious workers
• Temporary workers – government authorised exchange
• Temporary workers – international agreement
• Youth mobility scheme
To qualify for a visa under this category applicants must score a total of 40 points out of which 30 points are awarded for having a valid certificate of sponsorship and 10 points are awarded for maintenance funds.
