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| info@breytenbachs.com | ||
| Sat, 4/7/2009 | ||
Important notice - changes to Tier 1 (General) from 31 March 2009.
Please note that, with effect from 31st March 2009, applicants who wish to apply for a Tier 1 (General) permit must hold at least a Masters degree level qualification, and must have earned the equivalent of at least £20,000 (after the uplift ratio of the respective countries has been applied). The changes to the Tier 1 (General) scheme does not affect existing HSMP or Tier 1 (General) permit holders who wish to apply for extensions of their permits.
For new applicants, if you hold a professional qualification, e.g. a CA qualification, which is considered comparable to British Masters degree standard, you should still be able to apply for the Tier 1 (General) permit.
Background
Tier 1 (General) for highly skilled migrants is one of the most popular ways to settle in the UK and is designed to allow highly skilled people to come to the United Kingdom to look for work or self-employment opportunities. With this programme, the British Government hopes to continue to attract the most talented people with the skills the UK needs to remain a global leader in the fields of finance, business, and technological innovation.
One of the main reasons for the popularity of this permit lies in the fact that it leads to permanent residence in the UK. The permit is granted for an initial period of three years, after which the holder has to apply for an extension of the permit, a process which effectively involves re-passing the points test. If successful, the permit is granted for another two years and at the end of this period, the holder will be able to qualify for permanent residence in the UK. After one year as a permanent resident, the holder may qualify for British citizenship.
The other main advantage of this permit is the fact that a person on a Tier 1 (General) permit has no work restrictions imposed on him/her. With this permit, you can start your own business, change employment without any administrative hassle and even combine employment with self-employment.
Tier 1(General) of the new points based immigration system has come into effect on 30 June 2008, and replaced the previous form of this permit - the Highly Skilled Migrant Programme in its totality.
How do I qualify for this permit?
To qualify to apply under the points-based system under the Highly Skilled Tier 1 (General) scheme, you must score the following points:
At least 75 points for your attributes (age, qualifications, previous earned income and experience in the UK)
10 points for English Language
10 points for available maintenance (funds)
Points can be scored as follows:
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Tier 1 (General) - Attributes |
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PLEASE NOTE: You have to score at least 75 points for your attributes |
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AGE |
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27 or under |
20 |
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28 or 29 |
10 |
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30 or 31 |
5 |
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32 and over |
0 |
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ACADEMIC and PROFESSIONAL QUALIFICATIONS |
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Masters degree |
35 |
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PhD |
50 |
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Points can be claimed for an equivalent professional qualification, e.g. Chartered Accountant |
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PAST EARNINGS |
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Points available for earnings claimed |
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£40,000 + |
45 |
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£35,000 - £39,999 |
40 |
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£32,000 - £34,999 |
35 |
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£29,000 - £31,999 |
30 |
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£26,000 - £29,999 |
25 |
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£23,000 - £25,999 |
20 |
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£20,000 - £22,999 |
15 |
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Please note: If some or all of your income has been earned abroad, you should convert your earnings to Pound Sterling, after which you must adjust your total income earned abroad by using the following uplift ratios. |
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Uplift Conversion Rate – 1.0 |
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Andorra, Aruba, Australia, Austria, Belgium, Bermuda, Canada, Cayman Islands, Channel Islands, Denmark, Finland, France, French Polynesia, Germany, Gibraltar, Guam, Hong Kong, Iceland, Ireland, Italy, Japan, Kuwait, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Qatar, San Marino, Singapore, Sweden, Switzerland, UAE, United Kingdom, United States of America, Vatican |
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Uplift Conversion Rate – 2.3 |
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American Samoa, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Botswana, Brunei Darussalam, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Estonia, Faeroe Islands, Greece, Greenland, Grenada, Hungary, Israel, Korea, Rep. of (South Korea), Latvia, Lebanon, Libya, Macao (China), Malaysia, Malta, Mauritius, Mexico, Netherlands Antilles, New Caledonia, New Zealand, Northern Mariana Islands, Oman, Palau, Panama, Poland, Portugal, Puerto Rico, Saudi Arabia, Seychelles, Slovak Republic, Slovenia, Spain, St. Kitts and Nevis, St. Lucia, Taiwan, Trinidad and Tobago, Uruguay, Venezuela, Virgin Islands |
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Uplift Conversion Rate – 3.2 |
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Albania, Algeria, Belarus, Belize, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Cape Verde, China (Peoples Republic of), Colombia, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Fiji, Gabon, Guatemala, Honduras, Iran, Jamaica, Jordan, Kazakhstan, Lithuania, Macedonia, Maldives, Marshall Islands, Micronesia, Morocco, Namibia, Nauru, Paraguay, Peru, Philippines, Romania, Russian Federation, Samoa, South Africa, St. Vincent and the Grenadines, Suriname, Swaziland, Syrian Arab Republic, Thailand, Tonga, Tunisia, Turkey, Turkmenistan, Vanuatu, West Bank and Gaza, Yugoslavia |
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Uplift Conversion Rate – 5.3 |
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Angola, Armenia, Azerbaijan, Bangladesh, Benin, Bhutan, Burma (Union of Myanmar) Cameroon, Comoros, Congo (Republic of the), Cote d’Ivoire, Cuba, Djibouti, Equatorial Guinea, Gambia, Georgia, Guinea, Guyana, Haiti, India, Indonesia, Iraq, Kenya, Kiribati, Kosovo, Lesotho, Mauritania, Moldova, Mongolia, Montenegro, Nicaragua, Pakistan, Papua New Guinea, Senegal, Serbia, Solomon Islands, Sri Lanka, Sudan, Timor L’Este (East Timor), Ukraine, Uzbekistan, Vietnam, Yemen, Zambia, Zimbabwe |
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Do I need to apply for entry clearance?
In-country applications - If you are currently in the UK in an immigration category which allows you to change your immigration status to a Tier 1 (General) permit holder, you will not be required to return to your home country in order to apply for entry clearance at the British High Commission.
Out-of-country applications - If you are currently in the UK in an immigration category which does not allow you to change your immigration status to a Tier 1 (General) permit holder from within the UK, or if you are not currently in the UK, you will be required to return to your home country in order to lodge the full Tier 1 (General) permit application to the British High Commission. You will not be required to apply for entry clearance, separately from your Tier 1 (General) permit.
Some Rules and Restrictions on the Tier 1 (General) permit holder:
You have no work restrictions imposed on your stay in the UK.
You do not have recourse to public funds.
You will at first obtain permission to stay in the UK for three years to seek work or self-employment opportunities. After three years you can apply for an extension which will be granted if the UK Home Office is satisfied that you meet the requirements for the Tier 1 (General) extension application.
You are allowed to apply to bring your dependants to the UK on this programme.
You cannot work as a Doctor in training – i.e. take a training post within the NHS
What happens at the end of the initial three year period:
A Tier 1 (General) permit holder will be able to apply for an extension at the end of his/her initial three year period as a Tier 1 (General) permit holder. You will be required to claim at least 75 points for your attributes, 10 points under the English Language requirement, and 10 points under the maintenance requirement (as above) in order to qualify for the extension.
Note that there are different tables, depending on when your initial application was granted.
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Tier 1
(General) Extension The criteria for points for your attributes will remain the same as for the initial Tier 1 application, with the exception of the points awarded -under the age criteria, which will be as follows: AGE (Applicants already in the UK as a Tier 1 (General) Migrant) |
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30 or under |
20 |
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31 or 32 |
10 |
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33 or 34 |
5 |
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35 and over |
0 |
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AGE (Already in the UK as an HSMP holder) |
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29 or under |
20 |
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30 or 31 |
10 |
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32 or 33 |
5 |
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34 and over |
0 |
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Does
the Tier 1 (General) permit lead to Indefinite Leave to Remain?
Yes, after five years as a Tier 1 (General) permit holder you should be able to apply for Indefinite Leave to Remain. If a person decides to switch over from another permit that leads to Indefinite Leave to Remain, that time should not be lost, as it will normally be consolidated with the time spent on the Highly Skilled Migrant Programme. However there are exceptions and advice should be sought.
Thinking of applying for the Tier 1 - highly skilled worker? Click here to contact us!
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