TIER 1 visa: Highly skilled individuals

The tier 1 visa category is essentially a rebranded version of the previous Highly Skilled Migrant Programme (HSMP). It is available to highly skilled individuals who can bring professional skills, qualifications and experience to the United Kingdom. A job offer is not required in order to apply for a tier 1 visa.

The application process for the first tier visa service works on a similar premise to the old Highly Skilled Migrant Programme. If your application is successful you will have the right to immigrate to the UK with full and free access to the employment market. This means that depending on the category of tier 1 visa you have successfully applied for, you will be permitted to live and work in the UK, seek and undertake employment, establish a business, make a substantial investment, or be self-employed.

Benefits
One of the key benefits of the tier 1 visa system is that you do not require a job offer to enable you to lodge a successful application. Furthermore, the tier one visa provides you with a route towards settlement in the UK, with an opportunity to apply for Indefinite Leave to Remain (also known as 'permanent residency') in the UK. Once you have satisfied the ILR requirements you may then be eligible to apply for British Naturalisation as a British citizen.

Points based visa assessment – Tier 1 general visa
There are 4 categories of tier 1 visa: tier 1 general visa , tier 1 post study work visa , tier 1 entrepreneur visa, tier 1 investor visa. This section provides details of the points requirements for the tier 1 general visa. Full details of the points required to immigrate to the UK under one of the other three tier 1 visa subcategories can be found by visiting the links above.

A total of 75 points is required to qualify for a tier one general visa. Provided below is an overview of how the points criteria will function.

The points system is designed to allow a wider variety of candidates to reach the pass-mark threshold based upon performance in the different areas of assessment. For example in situations where an older candidate may lose points in terms of age, they may be able to recoup the balance through claiming more points for their previous earnings. Alternatively, younger candidates without an established career may not yet command high earnings but they may be able to reach the minimum points threshold based upon their qualifications and age.

Age

• Under 28 years of age = 20 points
• 28 - 29 years of age = 10 points
• 30 - 31 years of age = 5 points

Qualifications

• PHD = 50 points
• Masters Degree = 35 points

Earnings

• £40,000 + = 45 points
• £35,000 - £39,999 = 40 points
• £32,000 - £34,999 = 35 points
• £29,000 - £31,999 = 30 points
• £26,000 - £28,999 = 25 points
• £23,000 - £25,999 = 20 points
• £20,000 - £22,999 = 15 points
• £18,000 - £19,999 = 10 points
• £16,000 - £17,999 = 5 points

The earnings component will be weighted to take into account the country and currency in which your earnings were generated.

Applicants may be eligible for a further 5 points where they can show proof of earnings or evidence that they gained their qualifications while in the United Kingdom.

In addition to the points system outlined above, you will also be required to show that you are proficient in the English Language and that you can support yourself or any dependants without requiring assistance from public funds.

Dependants
Under the new Points Based System, spouse and dependent visas will allow you to bring your husband, wife, civil partner or unmarried partner to join you in the UK.

Tier 2 Work Permits: Skilled individuals with a job offer

The Tier 2 visa is similar to the previous work permit scheme whereby a job offer is required in order to submit a successful application. Tier 2 is intended to cater to people with qualifications or important work-related experience within a wide range of sectors from health service workers to white collar jobs and the trades.

As is the case for tier 3 visas, tier 4 visas and tier 5 visas, applying for a UK visa for immigration under tier 2 requires you to obtain a certificate of sponsorship, in this case from the sponsoring company, as part of your application. Like the existing UK work permit visa system, tier 2 visa applications are employer led and the sponsoring employer will need to satisfy certain responsibilities, one of which is being registered as a licensed sponsor with the UK Border Agency.

The tier 2 visa service also has shares some common elements with the tier 1 visa category in that there will be a minimum points threshold that must be met. To qualify for a tier 2 work permit (general category) you are required to score 70 points in a skills assessment and you must also prove that you are proficient in the English language and can satisfy maintenance requirements. Some examples of sectors that fall into the tier 2 category at present include teaching and nursing.

Within the tier 2 visa category there are three visa sub-categories:

• Tier 2 general UK work permits
• Tier 2 intra-company transfer work permits
• Tier 2 visas for sportspeople

Benefits
Like tier 1 visas, a successful tier 2 visa application offers a potential route for permanent settlement in the United Kingdom. After five years in the UK as a tier 2 visa holder you may become eligible to apply for Indefinite Leave to Remain . Following this, provided that you meet the requirements for British Citizenship you may be able to naturalise as a British citizen.

Eligibility assessment
The information below provides an overview of the points assessment for the tier 2 general work permit visa category.

Sponsorship

• Job on the shortage occupation list - 50 points
• Job that has met the resident labour market test 30 points
• Switching from the tier 1 post-study worker category – 30 points

Qualifications

• NVQ3 = 5 points
• Bachelors Degree = 10 points
• Masters Degree = 10 points
• PhD = 15 points

Prospective earnings

• £17,000 - £19,999 = 5 points
• £20,000 - £21,999 = 10 points
• £22,000 - £23,999 = 15 points
• More than £24,000 = 20 points

Intra-Company Transfer candidates will automatically receive 50 points.
Non-shortage positions which pass the Resident Labour Market Test are worth 30 points.

English language and maintenance requirements
In addition to satisfying the points criteria outlined above, you will also be required to show that you are proficient in the English Language and you must achieve a score of 10 points in this area.

There are three ways you can score points for English language:

Be a national of a majority English speaking country; or
Pass an English language test from an approved English language test provider; or
Hold a degree that was taught in English and is equivalent to a United Kingdom bachelor's degree or above.
To qualify you must also meet the required score of 10 points for maintenance whereby you must show evidence that you have £800 of available funds your bank account for at least three months prior to you making your application.

Employer responsibilities
Employers recruiting candidates through the tier 2 work permit system must provide a sponsorship certificate detailing the job title and demonstrating that the salary offered is appropriate for such a position and that the role is at or above NVQ3. The certificate acts as confirmation that the candidate has the necessary skills and the intention to fill the specified position.

Where a position being offered is not a shortage occupation the employer must illustrate that they have attempted to fill the role from the domestic workforce through appropriate advertising, without success. In circumstances where a candidate wishes to change employment, a new certificate of sponsorship is required and a reassessment against the points system needs to take place.

Tier 2 Visa - General Skilled Worker

The Tier 2 General work permit category caters for medium and highly skilled workers immigrating to the UK. In order to make an application for a Tier 2 work permit (general) you are required to have a confirmed offer of employment from a licensed UK employer/sponsor and a valid certificate of sponsorship.

Tier 2 General Points Assessment
If you are seeking to immigrate to the UK under the Tier 2 General visa category you are required to achieve a minimum score of 70 points from the following five areas of assessment.

Points are awarded as follows:

Sponsorship

Job on the shortage occupation list - 50 points
Job that has met the resident labour market test 30 points
Switching from the post-study worker category – 30 points

Qualifications
A PhD qualification - 15 points
A Master's Degree - 10 points
A Bachelor's Degree - 10 points
An NVQ level 3 qualification - 5 points

Prospective Earnings
In excess of £24,000 - 20 Points
£22,000-23,999 - 15 points
£20,000-21,999 - 10 points
£17,000-19,999 - 5 points

English language
To submit a successful application you must achieve a score of 10 points for your English language skills.

There are three ways you can score points for English language:

Be a national of a majority English speaking country; or
Pass an English language test from an approved English language test provider; or
Hold a degree that was taught in English and is equivalent to a United Kingdom bachelor's degree or above.
Maintenance
To meet the maintenance requirements and achieve the required score of 10 points you must show evidence that you have available funds of £800 which have been in your bank account for at least three months prior to the application being made.

Alternatively, if your potential employer is an A-rated sponsor they can provide you with a letter that will cover you for meeting the maintenance requirements.

Tier 2 General Visa – duration
If you are granted permission to stay in the UK as a Tier 2 General skilled worker, you will be able to live and work in the UK for a maximum time of three years, or the time given in your certificate of sponsorship, which ever time is shorter. At the end of this period if you want to stay you will need to apply to extend your stay as a skilled worker.

Tier 2 General Visa – spouse and dependents
Tier 2 visas can lead to Indefinite Leave to Remain (ILR) and as such the Tier 2 visa category makes provision for the spouses and common law, civil or unmarried partners of the applicant and any dependent children to immigrate to the UK at the same time as the main Tier 2 visa applicant.

Tier 3 Visas: Low skilled workers

The third tier of the new points based UK visa service is designed to cater for people immigrating to the UK in order to perform temporary low skilled work.

Please note that the tier 3 visa category is currently suspended and no information is available as to when or if it will be implemented.

Once implemented it is intended that the new tier 3 visa scheme will replace existing structures such as the Seasonal Agricultural Workers Scheme (SAWS) and the Sectors Based Scheme (SBS) and will grant leave to enter the UK to migrants from countries with which an effective returns arrangement with the United Kingdom is in place.

Tier 3 visas are intended to cater for the fluctuating need for low skilled workers throughout the year and will be used in circumstances where Migration Advisory Committee (MAC) identifies a shortage area which cannot be filled by the domestic workforce.

As with tier 2 visas, tier 4 visas and tier 5 visas, entry to the UK under a tier 3 visa will require a certificate of sponsorship as part of the application. For tier 3 visas the sponsor will be the operator of a particular low skilled worker scheme and the certificate will serve as confirmation that the applicants who are immigrating to the UK will be bound by the terms of the route.

Unlike a Tier 1 visa or a Tier 2 visa, applications at the tier 3 level do not constitute a route to settlement and will not provide you with an opportunity to apply for permanent residence in the UK.

It is envisaged that tier 3 visas would be granted for a maximum of 12 months and you would be obliged to return home at the end of this period. Switching to other tiers is not permitted and visas of this kind do not make provision for spouse visas and dependant immigration.

Tier 4 visas: Students

Introduced in March 2009, the tier 4 visa category caters to students who are paying for tuition in the UK and reflects the importance that universities and colleges attach to income from overseas. In recent years student visas have proved controversial amid allegations that it has been an entry route that is particularly open to abuse. For this reason education providers are now increasingly responsible for ensuring that overseas students obey the rules of their visas.

The aim of the tier 4 immigration service is to provide a more user-friendly, transparent route to studying in the UK. With the exception of tier 1 visas, which directly replaced the Highly Skilled Migrant Programme, all tier visas for the new system require a certificate of sponsorship from the relevant sponsor. In this case, the sponsor will be the educational institution offering a place which a student has accepted. Each sponsoring institution will be required to vouch for the ability of students.

Duration
As a tier 4 student visa holder you will be granted leave to enter the UK for the purposes of completing your course at a specified institution. The duration of your student visa will take into account the time needed to conclude affairs and attend graduation at the conclusion of your course. You will be able to change from one course to another at the same establishment without needing to submit a new application, however changing your sponsor or obtaining a UK tier visa extension will require you to lodge another application.

Tier 4 of the new system is not intended as a route to settled status in the UK and does not provide the opportunity to apply for Indefinite Leave to Remain in the UK and therefore will not lead to British Naturalisation .

Categories of student
There are three categories of student visa that you will be able to apply for. Each category has its own separate set of criteria that must be satisfied.

General student
This category includes students studying in Britain at or above degree level in a publicly funded institution, or engaging in more than 15 hours of study per week. In this category you are permitted to work for 20 hours each week during term time and full-time during holiday periods. If you have any dependants they will be able to join you.

School student
This category includes students in full time study at an independent school up to the age of 18. Working hours are the same as the general student category but dependents are not permitted.

Study through work student
This category caters to students on work experience courses or placements. Working hours will be the same as the other two categories and dependants will be permitted in instances where the principal applicant will be in the country in excess of 12 months.

Responsibilities of educational institutions under the points-based system

All educational institutions that offer study places to overseas students will be required to attain approved sponsor status by showing that they are bona fide establishments.

Certificates of sponsorship act as verification from a college or university that students making UK visa applications will abide by the rules and requirements of their course. Educational institutions will also be under obligation to report non-enrolment and non-attendance.

Additional information
Dependants of students making a successful tier 4 UK visa application will be permitted to enter the UK, however as with tier 3 visas and tier 5 visas, this tier is regarded as a temporary immigration route. In addition, spouse and dependent immigration in these circumstances will also be temporary and will reflect the grant of leave awarded to the principal applicant.

Tier 5: Temporary workers and youth mobility

Tier 5 visas cover cultural exchanges or working holidays in the UK undertaken by young people. The Youth Mobility scheme is the replacement for the popular Working Holidaymaker programme. Tier 5 also caters to a range of specific temporary employment opportunities including professional sports people or professional musicians who want to come to the UK to participate in a specific event such as the Olympics, a football match, or a concert.

Eligibility
Applications for the tier 5 visa require a certificate of sponsorship to be issued by the Government in your home country. This certificate will serve as an assurance that you will abide by the terms of the scheme undertaken.

Youth Mobility Schemes
The new tier 5 visa replaces a range of youth mobility schemes such as the Working Holidaymaker visa and the Au Pair Programme with a single visa system. Tier 5 is available to you if you are from a participating country and you are aged 18-30 years old. If your application is successful you will be granted leave to enter the UK for a maximum period of 24 months. As with tier 3 visas and tier 4 visas, immigration to the UK via this route is temporary and you will be required to return to your home country at the expiry of your visa.

Unlike a tier 1 visa or a tier 2 visa, the tier 5 visa category does not lead to permanent residence in the UK. Furthermore, you are not allowed to be self-employed in the UK or to function as a professional sportsperson and you cannot bring any dependents into the country or switch to any other tiers of the system.

Temporary workers
Tier 5 visas for the UK also accommodate the following categories of temporary workers immigrating to Britain who do not qualify under the requirements of a tier 2 visa. Once again, the maximum duration of leave is 24 months and switching to other tiers is not permitted. Dependents will be admitted but will only be allowed to work in the UK if the principle applicant is afforded more than 12 months leave.

Creative/Sporting
UK visa applications can be made by creative artists, sportspeople or entertainers provided that a sponsor has been organised. Sponsors must be able to confirm that applicants pose no threat to the domestic workforce and will engage only in the specified activity.

Charity/Voluntary Workers
If you are a volunteer worker seeking to enter the UK via this route you will need to provide evidence of sponsorship from a charity or benevolent organisation. Your sponsor must be able to demonstrate that the activity is directly relevant to the organisation and that it will not be permanent.

Religious workers
With the exception of ministers of a faith who engage in a preaching and pastoral capacity, religious workers may visit the UK if they are sponsored by the faith community.

Government authorised exchange
Entering the country as part of an accredited exchange, development or knowledge sharing scheme is permitted subject to sponsorship by the organization running the scheme is question.

International Agreement
n some circumstances, the UK is obliged to allow specific categories of immigrants into the country to work. International agreements Such as the General Agreement on Trade in Services (GATS), and the Vienna Convention on Diplomatic Relations (VCDR) 1961 relating to diplomatic household servants would be examples of this. The sponsorship role would be fulfilled by means appropriate to the specific agreement.

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