The tier 1 (General) category was implemented in February 2008 and replaced the Highly Skilled Migrant Programme (HSMP). It also replaced the following categories:
· Business persons
· Self-employed lawyers
· Investors (Investor)
· Innovators
· Writers, Composers and Artists
· The International Graduates Scheme
· Fresh Talent: Working in Scotland Scheme
It is designed to facilitate the migration of skilled workers to the United Kingdom. Unlike the other tier structures, the tier 1 (general) category does not require applicants to have a job offer or a certificate of sponsorship.
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.
Our services
We can assist applicants in the following:
· Entry clearance applications for tier 1
· 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
Requirements
Tier 1 applications will be assessed against a range of criteria including:
· English Language proficiency
· Educational qualifications
· Previous earnings
· Self sufficiency
· Employment experience
· Age
Applicants 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.
Applicants must obtain at least 75 points for their attributes which includes age, qualifications, experience and earnings.
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 - 45
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United Kingdom experience
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5
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Qualifications
The educational qualifications stipulate that a maximum of 50 points can be earned in this field. The points are calculated as follows:
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Qualifications (initial applications)
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Points available
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Bachelors degree
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30
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Masters degree
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35
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PhD
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45
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Qualifications
If permission to enter/stay granted before 31/03/09
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Points available
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Bachelors degree
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30
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Masters degree
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35
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PhD
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50
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Qualifications
If permission granted between 31/03/09-05/04/10
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Points available
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Masters degree
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35
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PhD
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50
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Qualifications if permission granted after 06/04/2010
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Points available
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Bachelors degree
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30
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|
Masters degree
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35
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PhD
|
45
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Previous Earnings
Points are also awarded for previous earnings as follows:
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Previous earnings
( for extension applications)
Permission to enter/stay granted before 31/03/09
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Points
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£16,000 - £17,999
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5
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£18,000 - £19,999
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10
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£20,000 - £22,999
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15
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£23,000 - £25,999
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20
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£26,000 - £28,999
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25
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£29,000 - £31,999
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30
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£32,000 - £34,999
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35
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£35,000 - £39,999
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40
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£40,000 +
|
45
|
|
Previous earnings
( for extension applications)
Permission to enter/stay between 31/03/09-05/04/10
|
Points
|
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£20,000 - £22,999
|
15
|
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£23,000 - £25,999
|
20
|
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£26,000 - £28,999
|
25
|
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£29,000 - £31,999
|
30
|
|
£32,000 - £34,999
|
35
|
|
£35,000 - £39,999
|
40
|
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£40,000 +
|
45
|
|
Previous earnings
Permission to enter/stay granted on or after 06/04/10
|
Points
|
|
£25,000 - £29,999
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5
|
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£30,000 - £34,999
|
15
|
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£35,000 - £39,999
|
20
|
|
£40,000 - £49,999
|
25
|
|
£50,000 - £54,999
|
30
|
|
£55,000 - £64,000
|
35
|
|
£65,000 - £74,999
|
40
|
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£75,000 - £149,999
|
45
|
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£150,000 +
|
75
|
|
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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 three years after which, they can be extended for another two years provided they satisfy the requirements at the time the application is made.
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 .
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