Once a tier 1 application has been approved, the applicant will be able to work in the UK for an employer of their choice. The applicant can also establish a business.
Important note
As of 23rd December 2010, applicants can no longer apply for Tier 1 General from overseas. Furthermore, the UK Border Agency made changes as of 6th April 2011, to the requirements under this category further restricting those who can apply (see below exceptional talent category).
Tier 1 (Exceptional Talent) Migrants
This is a new category available for applicants who are economically active in their expert fields as endorsed by a designated competent body. The Secretary of State will limit the amount of endorsements available to be allocated to the designated competent body. The current limit for the period of 6th April 2011 until 5th April 2012 is 1,000 endorsements. The Secretary of State will allocate 700 endorsements in the field of Science and 300 endorsements in the field of Arts. Applicants who will be applying will need either 75 for attributes or 80 points depending on which category they fall in. The requirements are slightly different and potential applicants requiring more information should contact us to book in for a consultation (either online or in person).
Our services
We can assist applicants in the following:
· Applications for leave to remain/switching categories
· Appeals against tier 1 refusals
· Applications for settlement (indefinite leave to remain)
· Applications for Naturalisation as a British citizen
We can assist you to assess your eligibility and to advise you as to the documents required. We also offer representation at the Public Enquiry Bureau at the Home Office for those who seek to use premium services. Our experienced advisors are up to date with the frequently changed published policy guidance.
Requirements under the Immigration Rules
Tier 1 applications will be assessed against a range of criteria including:
English Language proficiency
Educational qualifications
Previous earnings
Self sufficiency
Employment experience
Age
Eligibility
Applicants who currently have permission to remain in the UK in the following categories, will need to score at least 95 points in order to be successful in their applications including 10 points for English language and 10 points for maintenance/funds.
The categories are:
· A Tier 1 general migrant (under the rules in place before 19th July 2010)
· A highly skilled migrant
· A writer, composer or artist
· A self employed lawyer
If applicants do not belong to one of the above categories, they will need at least 100 points in order to satisfy the requirements (unless they are covered by the HSMP Forum judicial review judgement)
The Points are awarded as follows:
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Attributes
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Points available
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Age
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5 - 20
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Qualifications
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30 - 50
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Previous earnings
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5 - 80
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United Kingdom experience
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5
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English language requirement
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10
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Maintenance ability
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10
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Applicants must ensure that earnings are made up of 12 consecutive months and that they fall within the 15 months before the application is submitted. There are limited cases where applicants can claim points for a 12-month period outside of the 15-month period. Earnings do not have to be from a single employer and can consist of part-time or temporary work. Earnings outside the UK will be converted into Pounds Sterling (GBP).
UK experience
Applicants can claim a total of 5 points in this category if they have previous experience of living in the UK. For initial applications, applicants must demonstrate that the points awarded in the previous earnings category was for income earned from working in the UK. They must also show that they obtained a degree level qualification and spent at least 1 full academic year at a UK based educational institution in the last 5 years.
Dependants
Successful applicants will be entitled to bring their spouse/unmarried/civil partner and children under the age of 18 to the UK provided that they can support them during their stay here. The dependants will be eligible to work in the UK.
How long is the visa granted for?
Visas in this category are granted for an initial period of two years after which, they can be extended for another three years provided they satisfy the requirements at the time the application is made. This is applicable for those currently in the UK under the Tier 1 general visa and who was granted this leave before 6th April 2010.
Otherwise, if applying from any other eligible category, a successful applicant will be granted 3 years leave to remain.
Settlement
Applicants who have lived continuously in the UK for five years as a highly skilled migrant may be eligible to settle in the UK permanently.
Refusal of leave to remain under tier 1
Where an applicant has been refused, their right of appeal will depend on whether or not they have any leave left to remain in the UK. If the decision to refuse leave in this category renders the applicant without leave to remain, then they will have a right of appeal against the decision.
For further information or for a case specific evaluation, please contact us on 0207 569 3035 or alternatively at info@ergensharif.co.uk .