Tier 1 – Highly Skilled Migrants

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:

If you want to live, work or study in the UK - Peter Kossew is an Immigration Lawyer working in the Middlesex and London area