Breytenbachs

Tier 1 (General) Highly Skilled Workers

Background

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.

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 two 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 three years and at the end of this period, the holder should be able to qualify for permanent residence in the UK. After one year as a permanent resident, the holder may qualify for British citizenship (under the current laws).

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, other than a restriction not to work as a doctor or dentist in training. With this permit, you can start your own business, change employment without any administrative hassle and even combine employment with self-employment.

Unlike other work permits or business people schemes, you do not need a job offer or detailed business plan to apply for Tier 1 (General) - highly skilled worker. When you apply you are awarded points based on your qualifications, previous earnings, United Kingdom experience, age, English language, and available maintenance (funds).

The new coalition government has announced that it will be implementing a limit on the number of workers entering the UK from outside Europe. Government will now be following a 12-week government consultation with businesses on how the final limit will be delivered. This consultation will run until the end of September 2010. The permanent limit on non EU economic migration will then be put in place by 1 April 2011.

In the meantime, in order to avoid a last minute rush of applications by migrants, they have also announced that they will be implementing an interim limit, which is effective from 19 July 2010. The purpose of this interim limit is to ensure that the number of visas issued under Tiers 1 and 2 are below the number issued in 2009. The interim measures include raising the number of points needed for a Tier 1 highly skilled visa from 95 to 100 points (including at least 80 points for attributes, 10 points under the English Language criteria and 10 points under the Maintenance criteria) and capping the number of Tier 1 migrants at current levels.

The limit on new Tier 1 (General) applications will only affect applications for entry clearance under the Tier 1 (General) scheme submitted abroad. Applicants currently in the UK as Tier 1 (General) Migrants or Highly Skilled Migrants who wish to extend their stay in the UK under the Tier 1 (General) scheme, or applicants currently in the UK in a different immigration category (e.g. work permit holders) who wish to switch their immigration status to Tier 1 (General) Migrants from within the UK, will not be affected by the interim limit.

The Tier 1 routes for investors, entrepreneurs and the post-study route will also not be affected by the interim limit.

You will not be affected by the increased pass mark of 100 points if you are currently in the UK as a Tier 1 (General) Migrant or Highly Skilled Migrant, and you wish to apply to extend your stay in the UK under Tier 1 (General). If however you are in the UK in another category (e.g. work permit, Tier 2 or Tier 1 (Post-study Work), or if you are applying from outside of the UK, you will need to score at least 100 points (including at least 80 points for attributes) when you apply to switch into Tier 1 (General).

Please note that different criteria under Tier 1 (General) are applicable to apply for extension of stay, depending on when your initial application for an Highly Skilled Migrant permit or Tier 1 (General) permit was submitted to the Home Office. Please see the tables below for further information.

Initial Tier 1 (General) applications

Applications for extension of stay if your initial application was granted under the rules in place before 31 March 2009

Applications for extension of stay if your initial application was granted under the rules in place between 31 March 2009 and 05 April 2010

Applications for extension of stay if your initial application was granted under the rules in place between 06 April 2010 and 18 July 2010

Please feel free to contact our offices for more information.

1) How do I qualify for this kind of programme (initial applications)?

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 80 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:

Tier 1 (General) - Attributes


PLEASE NOTE: You have to score at least 80 points for your attributes


AGE



29 or under	20
30 to 34	10
35 to 39	5
40 and over	0

ACADEMIC and PROFESSIONAL QUALIFICATIONS



Bachelor degree	30
Masters degree	35
PhD	45

Points can be claimed for an equivalent professional qualification, e.g. Chartered Accountant


PAST EARNINGS


Points available for earnings claimed


£150,000 +	80
£75,000 - £149,999	45
£65,000 - £74,999	40
£55,000 - £64,999	35
£50,000 - £54,999	30
£40,000 - £49,999	25
£35,000 - £39,999	20
£30,000 - £34,999	15
£25,000 - £29,999	5

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.




Uplift Conversion Rate – 1.0


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

Uplift Conversion Rate – 2.3


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
Uplift Conversion Rate – 3.2


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
Uplift Conversion Rate – 5.3


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
Uplift Conversion Rate – 11.4


Afghanistan, Burkina Faso, Burundi, Cambodia, Central African Republic, Congo (Democratic Republic of), Chad, Eritrea, Ethiopia, Ghana, Guinea-Bissau, Korea (North), Kyrgyz Republic, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mayotte, Mozambique, Nepal, Niger, Nigeria, Rwanda, Sao Tome and Principe, Sierra Leone, Somalia, Tajikistan, Tanzania, Togo, Uganda

UK EXPERIENCE


You can claim five points if you have previous experience of living in the UK if either:


You have successfully scored points under the previous earnings category and at least £25,000 of your earnings were in the UK.	5


OR
You have studied and graduated at Bachelors degree level or higher in full time higher education in the UK, or at a UK-based overseas educational institution, for at least one full academic year.	5


*You can only score a total of five points in this category. You can not score five points for UK earnings and five points for UK qualifications.*



Tier 1 (General) – English Language


You can claim 10 points under this category, as follows


You are a national of a majority English speaking country (Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, The United States of America	10


OR
You have an English Language test certificate from one of the providers that have been assessed as meeting the Agency’s requirements (list available on request)	10


OR
You hold a degree which is equivalent to UK Bachelor degree level or higher, which was taught or researched in English to a particular level.	10

Tier 1 (General) – Maintenance


You can claim 10 points under this category as follows
You have sufficient funds of at least £800 (in-country applications) or £2,800 (out-of-country applications) personal cash savings (maintained for at least the last three months)	10


AND, if any dependants are included with your application:
You (or your dependant) have sufficient funds of at least £533 personal savings for each dependant (maintained for at least the last three months), if the main applicant has been in the UK for at least the last twelve months, or personal savings of at least £1,600 for each dependant if the main applicant has been in the UK for less than twelve months	10


*You can only score a total of ten points in this category.*

Do I need to apply for entry clearance?

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.

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 or British Embassy. 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 must not have recourse to public funds.
You will at first obtain permission to stay in the UK for two years to seek work or self-employment opportunities. After two 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

2) Extension of permit - What happens at the end of the initial two-year period:

A Tier 1 (General) Migrant will be able to apply for an extension at the end of his/her initial two-year period as a Tier 1 (General) Migrant. You will be required to claim at least 80 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.

The criteria for points for your Attributes and Maintenance (funds) will remain the same as for the initial Tier 1 application. However, points awarded under the age criteria when applying for extension of stay will be as follows:

AGE



31 or under	20
32 or 36	10
37 or 41	5
42 and over	0

Important notice - please note that the extension criteria differs for those persons who acquired their initial permit before 31 March 2009, and for those who acquired their initial permit between the period 31 March 2009 to 6 April 2010. Please see the extension criteria for such cases below. Please also note that in some cases extension of stay will be granted for a further two years, if the initial period was granted for three years.

3) Applications for extension of stay if your initial application was granted under the rules in place before 31 March 2009

To qualify to apply for an extension of your permit under the 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:

Tier 1 (General) - Attributes


PLEASE NOTE: You have to score at least 75 points for your attributes


AGE (Applicants already in the UK as a Tier 1 (General) Migrant



30 or under	20
31 or 32	10
33 or 34	5
35 and over	0

AGE (Already in the UK as a Highly Skilled Migrant)



29 or under	20
30 or 31	10
32 or 33	5
34 and over	0

ACADEMIC and PROFESSIONAL QUALIFICATIONS



Bachelor degree	30
Masters degree	35
PhD	50

Points can be claimed for an equivalent professional qualification, e.g. Chartered Accountant


PAST EARNINGS


Points available for earnings claimed


£40,000 +	45
£35,000 - £39,999	40
£32,000 - £34,999	35
£29,000 - £31,999	30
£26,000 - £29,999	25
£23,000 - £25,999	20
£20,000 - £22,999	15
£18,000 - £19,999	10
£16,000 - £17,999	5
Please note: If some of your income has been earned abroad, you should convert your earnings to pounds sterling, and add the pounds sterling value of the overseas earnings to any United Kingdom earnings.

UK EXPERIENCE


You can claim five points if you have previous experience of living in the UK if:


You have successfully scored points under the previous earnings category and at least £16,000 of your earnings were in the UK.	5


Tier 1 (General) – English Language


You will meet this requirement if you were last given permission to stay in the United Kingdom under the Tier 1 (General) scheme or as a Highly Skilled Migrant Programme participant under the Immigration Rules which came into force on 5^th December 2006, and you are applying for an extension of leave to remain under the Tier 1 (General) scheme.	10






Tier 1 (General) – Maintenance



You can claim 10 points under this category as follows
You have sufficient funds of at least £800 personal cash savings (maintained for at least the last three months)	10


AND, if any dependants are included with your application:
You (or your dependant) have sufficient funds of at least £533 personal savings for each dependant (maintained for at least the last three months), if the main applicant has been in the UK for at least the last twelve months, or personal savings of at least £1,600 for each dependant if the main applicant has been in the UK for less than twelve months	10


*You can only score a total of ten points in this category.*

4) If your initial application was granted under the rules in place between 31 March 2009 and 5 April 2010 (inclusive)

To qualify for extension of stay under the 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:

Tier 1 (General) - Attributes


PLEASE NOTE: You have to score at least 75 points for your attributes


AGE



30 or under	20
31 or 32	10
33 or 34	5
35 and over	0

ACADEMIC and PROFESSIONAL QUALIFICATIONS



Masters degree	35
PhD	50

Points can be claimed for an equivalent professional qualification, e.g. Chartered Accountant


PAST EARNINGS


Points available for earnings claimed


£40,000 +	45
£35,000 - £39,999	40
£32,000 - £34,999	35
£29,000 - £31,999	30
£26,000 - £29,999	25
£23,000 - £25,999	20
£20,000 - £22,999	15
Please note: If some or all of your income has been earned abroad, you should convert such earnings to Pound Sterling, after which you must add the pounds sterling value of your overseas earnings to any United Kingdom earnings.




UK EXPERIENCE


You can claim five points if you have previous experience of living in the UK if:


You have successfully scored points under the previous earnings category and at least £16,000 of your earnings were in the UK.	5

Tier 1 (General) – English Language



You will meet this requirement if you were last given permission to stay in the United Kingdom under the Tier 1 (General) scheme, and you are applying for extension of stay as a Tier 1 (General) Migrant.	10



Tier 1 (General) – Maintenance


You can claim 10 points under this category as follows
You have sufficient funds of at least £800 personal cash savings (maintained for at least the last three months)	10


AND, if any dependants are included with your application:
You (or your dependant) have sufficient funds of at least £533 personal savings for each dependant (maintained for at least the last three months), if the main applicant has been in the UK for at least the last twelve months, or personal savings of at least £1,600 for each dependant if the main applicant has been in the UK for less than twelve months	10


*You can only score a total of ten points in this category.*

5) If your initial application was granted under the rules in place between 06 April 2010 and 18 July 2010 (inclusive)

To qualify for extension of stay under the 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:

Tier 1 (General) - Attributes


PLEASE NOTE: You have to score at least 75 points for your attributes


AGE



31 or under	20
32 to 36	10
34 to 41	5
42 and over	0

ACADEMIC and PROFESSIONAL QUALIFICATIONS



Bachelor degree	30
Masters degree	35
PhD	45

Points can be claimed for an equivalent professional qualification, e.g. Chartered Accountant


PAST EARNINGS


Points available for earnings claimed


£150,000 +	80
£75,000 - £149,999	45
£65,000 - £74,999	40
£55,000 - £64,999	35
£50,000 - £54,999	30
£40,000 - £49,999	25
£35,000 - £39,999	20
£30,000 - £34,999	15
£25,000 - £29,999	5

Please note: If some or all of your income has been earned abroad, you should convert such earnings to Pound Sterling, after which you must add the pounds sterling value of your overseas earnings to any United Kingdom earnings.

UK EXPERIENCE


You can claim five points if you have previous experience of living in the UK if:


You have successfully scored points under the previous earnings category and at least £25,000 of your earnings were in the UK.	5


Tier 1 (General) – English Language


You can claim 10 points under this category, as follows


You will meet this requirement if you were last given permission to stay in the United Kingdom under the Tier 1 (General) scheme, and you are applying for extension of stay as a Tier 1 (General) Migrant.	10

Tier 1 (General) – Maintenance


You can claim 10 points under this category as follows
You have sufficient funds of at least £800 applications) personal cash savings (maintained for at least the last three months)	10


AND, if any dependants are included with your application:
You (or your dependant) have sufficient funds of at least £533 personal savings for each dependant (maintained for at least the last three months), if the main applicant has been in the UK for at least the last twelve months, or personal savings of at least £1,600 for each dependant if the main applicant has been in the UK for less than twelve months	10


*You can only score a total of ten points in this category.*

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 under the Tier 1 (General) scheme. 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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Fri, 30/7/2010