Different Tiers Explained

How does one qualify for Tier 1? (HSMP earlier)

Tier 1 (Highly Skilled Workers) has four categories:

To qualify to apply under the points-based system under the Highly Skilled Tier 1 (General) scheme, you must score the following points:

• At least 75 points for your attributes (age, qualifications, previous earned income and experience in the UK)
• 10 points for English Language
• 10 points for available maintenance (funds)

Qualifications
Applicants will be awarded points for their highest qualification as follows:

• PhD = 50 points
• Master's degree = 35 points
• Bachelor's degree = 30 points

Previous earnings
(Non-sterling currencies are converted to sterling - the overall figure takes account of regional differences between earnings)

• £40,000 + =45 points
• £35,000-£39,999 = 40 points
• £32,000-£34,999 = 35 points
• £29,000-£31,999 = 30 points
• £26,000-£28,999 = 25 points
• £23,000-£25,999 = 20 points
• £20,000-£22,999 = 15 points
• £18,000-£19,999 = 10 points
• £16,000-£17,999 = 5 points

Age
Candidates will be awarded points depending on their age as below. No points are awarded in this category for applicants aged 32 or older.

• Under 28 = 20 points
• 28 or 29 = 10 points
• 30 or 31 = 5 points

Previous earnings or qualifications in the UK

In addition to the points outlined below, applicants may be eligible for a further 5 points where they can show proof of earnings or of qualifications gained whilst in the United Kingdom.

Some Rules and Restrictions on the Tier 1 (General) permit holder:

• You have no work restrictions imposed on your stay in the UK.
• You do not have recourse to public funds.
• After three years you can apply for an extension which will be granted if the UK Home Office is satisfied that you meet the requirements for the Tier 1 (General) extension application.
• You are allowed to apply to bring your dependants to the UK on this programme.
• You cannot work as a Doctor in training – i.e. take a training post within the NHS

What happens at the end of the initial three year period:

A Tier 1 (General) permit holder will be able to apply for an extension at the end of his/her initial three year period as a Tier 1 (General) permit holder.

You will be required to claim at least 75 points for your attributes, 10 points under the English Language requirement, and 10 points under the maintenance requirement (as above) in order to qualify for the extension.

How does one qualify for Tier 2? (Work Permit earlier)
Tier 2 (Skilled Workers) has four categories:

• General - for persons coming to the UK with a job offer that cannot be filled by a resident worker, as well as for applicants coming to the UK to fill a shortage occupation.
• Intra Company Transfers - for employees of multi-national companies who are being transferred to a skilled job in a UK branch of the organisation.
• Sportsperson - for elite sportspersons and coaches whose employment will make a significant contribution to sport at the highest level.
• Ministers of religion - for persons coming to fill a vacancy as a Minister of Religion, Missionary or member of a religious order.

An applicant wanting to come to work in the UK under this tier will need to have obtained a Certificate of Sponsorship and show that he/she has at least 70 points to qualify under the criteria for this scheme – see tables below.

The points will include points related to the Certificate of Sponsorship, which will be issued to them by the prospective UK employer to fill a qualifying job. Two control tests are included as well, namely;

• A maintenance requirement, which is £800 for initial out-of-country applications, including 2/3 of this amount for each dependent they intend to bring with them. (pass mark is 10 points)
• English language ability. (Min 10 points). If an applicant is applying for permission to enter UK under Tier 2 (Intra Company Transfer) or extending their stay under this category, English language requirement is not required, if their extension does not take the length of stay to more than 3 years.

Qualifications

• A PhD qualification = 15 points
• A Master’s Degree = 10 points
• A Bachelor’s Degree = 10 points
• An NVQ level 3 qualification = 5 points

Prospective Earnings

• In Excess of £24,000+ = 20 Points
• £22,000 - £23,999 =15 points
• £20,000 - £21.999 = 10 points
• £17,000 - £19,999 = 5 points

Non-shortage positions are inherently worth 30 points, shortage positions will automatically receive 50 points. Candidates applying for an Intra Company Transfer (ICT) will also receive 50 points.

Having obtained this Certificate of Sponsorship, applicants will then apply for entry clearance from the British High commission or Consulate in their home countries.

Some Rules and Restrictions on a Holder of a Tier 2 permit:

• You must have no recourse to public funds.
• You may not own more than 10% of the sponsor's shares, if the sponsor is a limited company.
• You are not allowed to take up any additional employment except working for the sponsor in the employment that the certificate of sponsorship specify. You are also allowed to take up supplementary employment and voluntary work. However, strict rules apply in this regard.
• You can apply for dependants to join you in the UK. Your dependants will be able to work without restriction in the UK.
• You are allowed to change employment within the organisation or with a new organisation, but this will call for a new application under Tier 2.

Does this visa lead to indefinite leave to remain?
Yes, at the end of successful completion of a five-year period on a Tier 2 permit, you will qualify to apply for indefinite leave to remain.

Visa FAQs: http://www.visa4uk.fco.gov.uk/FAQ.aspx