Immigration - Further Information

 

Tier 1 (highly skilled)

This scheme replaced the formerly known Highly Skilled Migrant Programme scheme. To qualify and enter the UK in this category you will need to score 75 points for a combination of attributes ie qualifications, age and previous earnings.

Recently, in April of 2009 the Home Secretary made changes to the attributes requirements of initial applicants for the scheme. Now only migrants whose qualifications are equivalent to a UK Masters’ degree or above and whose previous earnings are equivalent to £20,000 or above will be able to  claim the necessary points.   

Points are also being awarded for the age of the applicant. The younger you are, the higher amount of points he/she can score.

 

You also need to score 10 points for English language and 10 points for maintenance.

If successful in obtaining entry clearance under the Tier 1 (General) subcategory, you will be granted leave to enter the UK for 3 years, during which time you will have free access to the UK labour market, except for taking employment as a doctor in training. At the end of this period you can apply for further leave to remain in the same category or in any other Tier or sub category of the points based system.

Following completion of a total of five years’ leave to remain you can apply for settlement in the UK. You will have to meet the additional requirement at this stage and satisfy the Secretary of State that you have sufficient knowledge of the English language and life in the UK. If successful you can then apply after 12 months for UK nationality.

 

Tier 1 (Entrepreneur)

To apply under this sub category of Tier 1 scheme, you will have to be a business person, an investor seeking to establish, take over or be actively involved in the running of a business. You must have at least £200,000 to invest in a new or existing UK company. If you can prove this, you will acquire the necessary 75 points for entry clearance as a Tier 1 (Entrepreneur), and will initially be granted leave to enter for 3 years.

 

You will also need to satisfy the British authorities that you score the prescribed 10 points for your command of English language and 10 points for maintenance.

 

By the time you leave expires you will have to show that your activities have created at least 2 new full time jobs for UK employees. Meeting these requirements will gain applicants the necessary points needed for further 2 years extension of stay in the UK under this sub-category. If you are successful at obtaining this permit, you will not be allowed to work outside the business or businesses you have set up, taken over or joined and are not allowed to claim public funds.

 

After 5 years’ leave in this subcategory, you can apply for settlement and if you wish to do so you must meet the additional requirement ie satisfy the Secretary of State that you have sufficient knowledge of the English language and of life in the UK. If successful you can apply for UK nationality after you had indefinite leave to remain for 12 months.

 

Tier 1 (Investor)

If you are a high net worth individual, who is capable of making a substantial financial investment in the UK, you can apply for entry clearance as Tier 1 (Investor) Migrant.

 

To qualify for entry clearance you must have net assets of at least £1 million. You are not required to meet any English language requirement nor satisfy any requirement as to maintenance.

 

After your entry to the UK in this category, you will need to invest at least £750,000 in the UK. The money needs to be invested in UK Government bonds, share or loan capital in active and trading UK registered companies - but not in those principally engaged in property investment.

 

Please note that the investment of £750,000 must be made within 3 months of your arrival in the UK. Failure to do so will jeopardise your application for further leave to remain and may result in curtailment of your current leave to enter granted in this sub category.

 

As a Tier 1 (Investor) Migrant, you are entitled to work if you wish to do so but not as a doctor in training.

 

Leave to enter the UK is granted for an initial period of 3 years, and further leave to remain - upon satisfaction of the requirements which are outlined above - for a period of 2 years.

 

As with other Tier 1 Migrants, you can apply for indefinite leave to remain as a Tier 1 (Investor) Migrant after completing a total of five years' leave. You must then meet the additional requirement of satisfying the Secretary of State that you have sufficient knowledge the English language and of life in the UK. If successful you can apply for UK nationality after you have had indefinite leave to remain for 12 months.

 

Tier 1 (Post-Study Work)

If you are a non EEA national and you studied in the UK you can apply for leave to enter or remain as Tier 1 (Post-Study Work) Migrant.

 

In order for your application to be successful, you will need to obtain 75 points for you attributes - which are scored against the qualification you have gained and the institution at which you studied for it.

 

Additionally, you will need to have a knowledge of English language and meet the maintenance requirements.

 

This sub category is distinct from the other sub categories of Tier 1 in that it does not provide a route to settlement. Leave to enter or remain is granted for a maximum period of 2 years, but the Immigration Rules permit Tier 1 (Post-Study Work) Migrants to apply for further leave to remain either in any of the other Tier 1 sub categories or as a Tier 2 Migrant.

 

Tier 2 (Sponsored skilled workers)

There are four subcategories of Tier 2 Migrants:

• Tier 2 (General) - skilled workers coming to do jobs that cannot be filled from the resident labour market and also those for shortage occupations.

• Tier 2 (Intra-Company Transfer) - skilled workers moving from a branch of a company located outside the European Economic Area to a UK branch of the same company.

• Tier 2 (Minister of Religion) - religious workers within recognised religions.

• Tier 2 (Sportsperson) - sportspeople and their coaches, who are established at the highest level internationally in their sport.

If you wish to apply for leave to enter or remain under any sub category of Tier 2 you must score points for competence in English and show that you have the ability to support yourself for the first month of your stay in the UK. If your Sponsor is ‘A’ graded, the Sponsor can help you score the necessary points for maintenance by issuing a guarantee to maintain and accommodate you, should this be necessary.

 

Tier 2 (General)

To apply under this category, usually a prospective employer will need to advertise a job and comply with the necessary resident labour market test.

 

The UKBA publishes codes of practice relevant to defined areas of work. These codes set out the salary level at which any job must be advertised and also specify the types of press in which a particular job must be advertised.

 

There is no requirement for a resident labour market test for jobs listed as shortage occupations, as compiled by the Migration Advisory Committee, which is published on the UKBA's website.

 

Tier 2 (Intra-company Transfer)

There is no need to satisfy the resident labour market test in this sub category. There is however a requirement that an applicant must have been working for the overseas branch for not less than six months prior to the application. The salary must correspond with the rate appropriate for that job in the UK.

 

Tier 2 (Minister of Religion)

Those applying as Ministers of Religion must satisfy an appropriate resident labour market test and must have a command of English higher than that for applicants under the other sub categories.

 

Tier 2 (Sportsperson)

This sub category is for people whose employment in the UK will make a significant contribution to the development of their sport at the highest level in the UK. The class of applicants is effectively defined by their Sponsors, which generally will have been approved by the sport's Governing Body.

 

Periods of leave

Entry clearance will be granted to applicants under Tier 2 for a maximum period of 3 years or for the duration of the period of ‘engagement’ plus 14 days , whichever is the shorter. The period of engagement is defined as:

 

"the period beginning with the employment start date as recorded on the Certificate of Sponsorship Checking Service entry which relates to the Certificate of Sponsorship reference number for which the migrant was awarded points under paragraphs 59 to 100 of Appendix A and ending on the employment end date as recorded in the same entry"

 

After a migrant has completed a continuous period of 5 years' leave to remain as a Tier 2 (Migrant) or a permitted combination of Tier 2 leave and other leave he becomes eligible to apply for indefinite leave to remain in this subcategory.