Points Based System - Tier 1 (General) Migrants

Introduction

The Points Based System, Tier 1 (General) Migrants is designed to replace the Highly Skilled Migrant Programme (HSMP) and became effective on 29/02/08 for individuals who are in the UK with permission which entitles them to switch immigration status.

The Government will phase the introduction of Tier 1 for applicants overseas throughout 2008. On 01/04/08, India became the first country for the Tier 1 to become operational. This means nationals of India living overseas must apply under Tier 1 instead of the HSMP scheme.

The aim of the Tier 1 is to attract highly skilled people to work, train or study in the UK.

The criteria

A points based system of qualification is used to assess applications. Points can be scored in five areas, and to make a successful application, the applicant will need to provide evidence that they score 75 points or more in the areas described below. An applicant MUST score mandatory points in the English language and show they can maintain and accommodate themselves.

Scoring areas

Educational qualifications

A maximum of 50 points can be scored in this field: 50 points are awarded for a PhD* qualification, 35 for a masters* degree and 30 for a bachelors* degree.

*or equivalent vocational or professional qualification

Previous earnings

Applicants can claim points for previous income. Points are awarded according to the following table:

Previous earnings	Points
£16,000-£17,999	5
£18,000-£19,999	10
£20,000-£22,999	15
£23,000-£25,999	20
£26,000-£28,999	25
£29,000-£31,999	30
£32,000-£34,999	35
£35,000-£39,999	40
£40,000 or more	45

In order to account for varying income levels across the world, the income level required varies according to where the applicant lives. The BIA uses an uplift ratio to bring overseas nationals in line with the their UK equivalents. Please see the multiplier for overseas earnings table below:

Country or territory in which money was earned	Multiplier
Andorra; Aruba; Australia; Austria; Belgium; Bermuda; Canada; Cayman Islands; Channel Islands; Denmark; Finland; France; French Polynesia; Germany; Gibraltar; Guam; Hong Kong (Province of China); Iceland; Ireland; Italy; Japan; Kuwait; Liechtenstein; Luxembourg; Monaco; Netherlands; Norway; Qatar; San Marino; Singapore; Sweden; Switzerland; United Arab Emirates; United Kingdom; United States of America; Vatican.	1
American Samoa; Antigua and Barbuda; Argentina; Bahamas; Bahrain; Barbados; Botswana; Brunei Darussalam; Chile; Costa Rica; Croatia; Cyprus; Czech Republic; Estonia; Faroe Islands; Greece; Greenland; Grenada; Hungary; Israel; Korea (South); Latvia; Lebanon; Libya; Macao (Province of 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 (Republic of China); Trinidad and Tobago; Turks and Caicos Islands; Uruguay; Venezuela; Virgin Islands (British and US).	2.3
Albania; Algeria; Belarus; Belize; Bolivia; Bosnia & Herzegovina; Brazil; Bulgaria; Cape Verde; China (People's 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 & The Grenadines; Suriname; Swaziland; Syrian Arab Republic; Thailand; Tonga; Tunisia; Turkey; Turkmenistan; Vanuatu; West Bank and Gaza.	3.2
Angola; Armenia; Azerbaijan; Bangladesh; Benin; Bhutan; Burma; Cameroon; Comoros; Congo (Republic of); Cuba; Djibouti; Equatorial Guinea; Gambia; Georgia; Guinea; Guyana; Haiti; India; Indonesia; Iraq; Ivory Coast (Cote d'Ivoire); Kenya; Kiribati; Lesotho; Mauritania; Moldova; Mongolia; Montenegro; Nicaragua; Pakistan; Papua New Guinea; Senegal; Serbia; Solomon Islands; Sri Lanka; Sudan; aTimor L'Este (East Timor); Ukraine; Uzbekistan; Vietnam; Yemen; Zambia; Zimbabwe.	5.3
Afghanistan; Burkina Faso; Burundi; Cambodia; Central African Republic; Congo, (Democratic Republic of); Chad; Eritrea; Ethiopia; Ghana; Guinea-Bissau; Korea (North); Kygyz Republic; Laos; Liberia; Madagascar; Malawi; Mali; Mayotte; Mozambique; Nepal; Niger; Nigeria; Rwanda; Sao Tome and Principe; Sierra Leone; Somalia; Tajikistan; Tanzania; Togo; Uganda.	11.4

Points for previous earnings can be claimed in respect of a consecutive period of 12 months from the 15 months immediately prior to when the application was submitted.

Applicants may be able to claim points outside of the 15 month period if they were engaged in full-time study or for maternity/adoption related absence.

UK experience

Applicants can claim a total of 5 points in this category if they have previous experience of living in the UK. To qualify, they will need to demonstrate that the points awarded in the previous earnings category was for income earned in the UK, or that they have obtained a bachelors degree or higher from a UK educational institution. The study should have been over a period of no less than 1 academic year.

English language

The requirement to demonstrate a minimum standard of English is mandatory. Failure to adduce satisfactory evidence will lead to a rejection of the application, irrespective of the number of points awarded in the previous categories.

To demonstrate the required knowledge of English an individual must produce a prescribed qualification which can include a degree taught in English if taught in a prescribed country, a UK University or a qualification equivalent to level C1 on the Council of Europe’s Common European Framework of Reference for Languages including A+ English Education test, Points Based System English Test, Test in English for International Students, CSPS English Language Course (Advanced), International ESOL Diploma, CSCT Standard Test for English, English for Business Level 4, EDI Level 2 Certificate in ESOL, TOEFL, TOEIC, EIKEN Test, IELTS, International Legal English Certificate, International Certificate in Financial English, ESOL level 2, Certificate of Proficiency in English, Certificate in Advanced English, Foundation English Language Test and Summer Study English Language Test.

Maintenance

Applicants must be able to demonstrate under Tier 1 must show they can support themselves for the entire duration of their stay in the UK without recourse to public funds. In order to show this they must provide evidence of at least £800 of personal savings. Prospective applicants should also take in to account of living in the UK.

Procedure

Applying from outside the UK. The Tier 1 application must be lodged with the nearest British visa issuing post to where they live.

Applying from within the UK. Where the applicant is in the UK in a designated category the application must be lodged to the BIA.

The BIA charge a non-refundable fee of £750 to process an application under Tier 1.

Please note all applications must fulfil mandatory specified requirements.

If successful, the applicant will be granted leave to enter or remain for 24 months. Before that leave expires, an extension application must be lodged with the BIA.

Once an individual has remained in the UK for five years under Tier 1, they will be able to apply for permanent residence in the usual way. Time spent in the UK under any category of Tier 1 can be aggregated towards the five year period.

Please contact David Robinson or Evan Remedios on +44 (0)20 7038 3980 or at info@rlegal.com if you would like to discuss your immigration requirements.

DISCLAIMER: The information on this brief guide is correct to the best of our knowledge and belief. However, it is written as a general guide only and it is strongly recommended that specific advice is sought before action is taken.