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 visa was to attract highly skilled people to work, train or study in the UK. The scheme was closed to out of country applicants on 23rd December 2010. It closed to new applicants within the UK on 5th April 2011.
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:
Previous earnings |
Points |
£25,000-£29,999 |
5 |
£30,000-£34,999 |
15 |
£35,000-£39,999 |
20 |
£40,000-£49,999 |
25 |
£50,000-£54,999 |
30 |
£55,000-£64,999 |
35 |
£65,000-£74,999 |
40 |
£75,000-£149,999 |
45 |
£150,000 or more |
80 |
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:
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.
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)
|
Under 29 years of age |
20 |
30 to 34 years of age |
10 |
35 to 39 years of age |
5 |
Points awarded for an extension application under Tier 1 (General)
The tables below show the points awarded if you are already in the UK under Tier 1 (General) and you want to extend your stay in this category.
If your current permission to enter or stay was granted before 6 April 2010, the points awarded are:
| Under 31 years of age |
20 |
| 31 or 32 years of age |
10 |
| 33 or 34 years of age |
5 |
If your current permission to enter or stay was granted on or after 6 April 2010, the points awarded are:
| Under 32 years of age |
20 |
| 32 to 36 years of age |
10 |
| 37 to 41 years of age |
5 |
Points awarded for applications to switch into Tier 1 (General) from the Highly Skilled Migrant Programme
The table below shows the points awarded if the Applicant is already in the UK under the Highly Skilled Migrant Programme.
| Under 30 years of age |
20 |
| 30 or 31 years of age |
10 |
| 32 or 33 years of age |
5 |
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.
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.
Settlement
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 our fees and how we can assist you with a Tier 1 visa application, please contact us on +44 (0)20 7038 3980 or e-mail us at info@rlegal.com.
© RLegal
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.
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