Tier 1 – Highly Skilled Worker Visa

Applications under Tier 1 include highly skilled migrants (replacing HSMP), entrepreneurs, investors, foreign graduate students and their dependants.

The United Kingdom’s Tier 1 visa immigration scheme is part of the points based system for employment-based immigration.

Entering the UK with a Tier 1 visa means you do not need a job offer or a sponsor and you would be free to seek employment anywhere in the UK. These visas are valid for three years, at which stage you will have to renew your visa.

This Tier is divided into a few categories:

General Highly Skilled Migrants

For people who are highly educated and highly skilled and who can score enough points based on their qualifications, education, previous earnings, age and UK experience. This replaces the old Highly Skilled Migrant Visa (HSMP).

Entrepreneurs

Individuals who plan to invest in the UK by setting up or taking over a business, and being actively involved in running the business can come to the UK under and entrepreneur visa. At least £200,000 of disposable income is required to qualify.

Investors

Wealthy individuals who plan to substantially invest in the UK can qualify for the investor visa. At least £1m of disposable income is needed but investors are exempt from the English language requirement and do not need to prove they can support themselves and their dependants.

Graduates: Post-Study Work

This category is designed to keep the brightest foreign students who have studied in the UK. It is simply there to bridge the gap between study and highly skilled or skilled work. If you are granted a visa under this category, the Home Office expects you to switch into another part of the points system as soon as you are able. You must apply for this category within 12 months of receiving your qualification and, if successful, you will be granted 2 years leave and it is non-renewable. This replaces the similar International Graduates Scheme.

Dependants

Migrants granted leave in the UK under Tier 1will be able to bring their dependants provided they can support them during their stay. Dependants include children, spouses, civil partners, same sex partners, and unmarried partners.

Dependants of migrants in the highly skilled Tier 1 will be able to work in the UK as well. However, they will not be able to switch into any points system tier other than as a dependant of the main applicant to switch.

The Points Based System

In each category of Tier 1, points will be earned according to three sets of criteria:

Migrants will be required to reach the pass mark for each of the criteria above in order to gain entry under Tier 1 and to remain in the UK when seeking renewal of their Tier 1 visa after three years.

Documentary evidence for a migrant's ability to claim sufficient points will be required. As per the Immigration and Asylum Act of 2006, migrants applying from abroad will have no right of appeal when denied entry, so it is important to make sure this documentation is in order.

Renewal of Leave Under Tier 1

Subsequent renewals of leave under the Highly Skilled General, Investor or Entrepreneur sub-categories will be granted for two years. It is not possible to apply for an extension of stay under the Post-Study Work sub-category. Individuals in the UK under the Post-Study Work sub-category are required to switch to another sub-category or a different tier.

After five years, a person may apply for settlement/indefinite leave to remain. However, time spent under the Post-Study Work category does not count towards the five-year requirement.

There are certain requirements and restrictions when renewing a Tier 1 visa. Migrants must apply for the same sub-category under which they originally applied and score enough points again.

Entrepreneurs must show that an investment in business has been made and registration of the business was undertaken within three months of entry. They must be actively engaged in the business and have created 2 full time job positions for at least 12 months.

Investors must show that £750,000 was invested within three months of entry and that the investment has been maintained throughout the period of leave.

This new Tier 1 scheme replaces the following immigrations categories:

Information for Students

Students arriving in the UK on the Tier 4 route must have been accepted onto a course by an institution that is on the register of education and training providers.

The institution must be one of the following:

And your course must be either:

You must also:

Duration

As a tier 4 student visa holder you will be granted leave to enter the UK for the purposes of completing your course. 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. Students will be able to change courses at the same institution without needing to submit a new application. However, changing sponsors or obtaining a UK tier 3 visa extension will require a new application to be lodged.

It has been made clear that Tier 4 is not intended as a route to settlement in the UK and does not provide the opportunity to apply for Indefinite Leave to Remain (ILR) nor can it lead to British naturalisation. Graduates will need to reapply under Tier 1 to continue their stay in the UK.

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 degree level, or higher, in a publicly funded institution, or engaging in more than 15 hours of study per week. In this category you are allowed 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.

Working 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 main applicant will be in the country for longer than 12 months.

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.

Family visa services such as the marriage visa , fiance visa, unmarried partner visa and ancestral visas will continue to function independently of the new system and will not apply to applications within this tier.

Responsibilities of educational institutions

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 of students.

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