Points Based System - Tier 1 (General) Migrants

Introduction

The Points Based System, Tier 1 (General) Migrants replaced the Highly Skilled Migrant Programme (HSMP) for new applicants.

The aim of the Tier 1 is to attract highly skilled people to work, train or study in the UK.  The scheme was revised on 6 April 2010.

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 80 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 45 points can be scored in this field: 45 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:

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

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.

Age

Points are awarded depending upon the applicant's age at the date of application.

Applications for entry clearance and leave to remain (unless the applicant falls into the boxes below)

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.

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

• be a national of a majority English speaking country; or
• pass an approved English language test; or 
• hold a degree assessed by UK NARIC as being taught in English and is equivalent to a United Kingdom bachelor's degree or above.

You will also meet the English language requirement if:

• you were given permission to stay under a tier 1 category (other than investors or post-study workers) and are applying for an extension; or 
• you were given permission to stay as a highly skilled migrant under the immigration rules that came into force on 5 December 2006, and you are applying for an extension under a tier 1 category.

If you are applying for permission to stay (known as 'leave to remain') under the highly skilled worker category and have received a previous grant of leave under an immigration category that did not require a particular standard of English, you must meet the English language requirement.

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 the cost of living in the UK.

Procedure

Applying from outside the UK. The Tier 1 application must be lodged at the nearest British visa issuing post to where the applicant is ordinarily resident, i.e. home country or 3rd country if they hold permission to stay there for more than 6 months.

An application fee of £690 is payable for an out of country application.

Applying from within the UK.

Where the applicant is in the UK in a designated category the application must be lodged to the UKBA.

The UK Border Ageny charges a non-refundable fee of £840 to process an application under Tier 1 through the postal system or £1095 via the Fast Track.

Please note all applications must fulfil mandatory specified requirements.

If successful, the applicant will be granted leave to enter or remain for 36 months. Before that leave expires, an extension application must be lodged with UKBA.

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

For further information on how we can assist you, please contact us on +44 (0)20 7038 3980 or e-mail us at info@rlegal.com.

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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.