Visas
Tier 1 of the New Points Based Scheme Has Been Announced for Highly Skilled Migrants
On the 5th of December the Border and Immigration Agency (BIA) published details of how it intends to implement Tier 1 of its 5 tier programme to create a point based immigration system. Tier 1, which is expected to be introduced on the 4th of March 2008, will govern the immigration of highly skilled persons to the United Kingdom.This tier will replace several of the current immigration categories when it is introduced. Additionally it is introducing new maintenance and English language criteria for migrants to be eligible for this tier. The current immigration categories that Tier 1 will replace are:
- Highly Skilled Migrant Programme (HSMP)
- Investors
- Self Employed Lawyers
- Businesspersons
- International Graduates Scheme (IGS)
- Innovators
- Fresh Talent: Working in Scotland Scheme
The 4 subcategories of Tier 1 are:
- General
- Entrepreneurs
- Investors
- Post-Study Work
Post-Study Work will be a 2 year visa maximum, after which the migrant is expected to switch into another category. Post-Study Work will not count towards time spent in the UK for a settlement application.
General Tier 1 Migrants
The point scoring criteria for the ‘General’ subcategory of Tier 1 is structured almost identically to the current Highly Skilled Migrant Programme (HSMP). The English language requirement of the HSMP, however, will be replaced with a new tier wide English requirement. General Tier 1 migrants must also meet the new maintenance criteria in order to qualify for a visa in this subcategory.
A General Tier 1 migrant will need to meet the point scoring criteria at the time they make an extension application. They will not need to meet the maintenance or English criteria a second time.
Entrepreneurs
This subcategory was created for persons who intend to set up or take over a business in the UK and intend to be actively involved in running that business. Entrepreneurs will need to have £200,000 available to them and disposable in the UK held in a regulated financial institution. They will also need to meet the new maintenance and English criteria.
To qualify for an extension as an entrepreneur a migrant must be able to meet a number of criteria to satisfy the BIA that they have set up and are actively engaged in running and expanding their business. Entrepreneurs do not need to meet the maintenance and English criteria a second time.
Investors
Investors are expected to make a large financial investment in the UK. Accordingly, they will need to have £1,000,000 or more of their own money held in a regulated financial institution and disposable in the UK. Investors do not need to pass the new maintenance or English criteria.
Extensions are granted in this category if an investor can prove that they have made a £750,000 investment within 3 months of entering the UK and they have maintained their investment throughout their leave in the UK.
Post-Study Work
Students who have completed a course of study in the UK may be eligible for visas in the Post-Study Work subcategory. The visa lasts for 2 years and can not be extended, although it is possible to switch into other immigration categories before the expiry of the visa.
A student may be eligible for a Post-Study Work visa if they score 75 points in this category and meet the maintenance criteria. A successful Post-Study Work visa applicant is deemed to have met the English criteria.
20 points are awarded if the student has obtained one of the qualifications listed below:
- A UK recognised degree at bachelor’s level; or
- A UK recognised degree at postgraduate level; or
- A UK postgraduate certificate or diploma; or
- An HND from a Scottish institution.
- A UK recognised or listed body; or
- On the Tier 4 sponsors register which will be implemented in future.
- Student; or
- Dependant of someone with valid leave in an immigration category permitting the bringing in of dependants.
English Criteria
Most Tier 1 migrants will need to pass the English criteria and will need to prove that they:
- Have passed a test in English equivalent to level C1 of the Council of Europe’s Common European Framework for Language Learning (equivalent to a grade C or above at GCSE), or
- Come from a listed majority English speaking country, or
- Have taken a degree taught in English (verified using National Academic Recognition Information Centre data).
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 USA.
Maintenance Criteria
Maintenance criteria have been introduced to ensure that Tier 1 migrants have adequate funds to be able to provide for themselves and their dependents when they move to the UK or switch to Tier 1 while in the UK. An applicant will need to provide evidence to show that they have the necessary amount of funds available before they can obtain a Tier 1 visa. The BIA has determined that applicants will need £800 to support themselves in the UK per month.
Out of country applicants will need to have £2,800 in maintenance funds to meet the maintenance criteria. This takes into account £400 in start up funds and an additional 3 months of funds. In country applicants will need to have £800 to meet the maintenance criteria.
For each dependant an applicant will need to prove that they have funds in addition to those listed above. Dependants will require an additional amount equal to approximately 2/3 of the amount the applicant needs to meet the criteria individually.
Maintenance funds required for Tier 1 migrants:
Applicant in UK: £800
In country dependants: £533
Applicant out of UK: £2,800
Out of country dependants: £1,800