Law Firm Limited
Send the document below by e-mail
Your name:
Your E-Mail:
E-Mail you want to send to:
send the link only:
send the whole document:

Immigration
Plans for Point Based System (PBS) – Tier 1
A few of the following immigration categories would be merged while the rest of them would be removed from the Immigration rules, once Tier 1 under the new Point based system is introduced:

1. Highly skilled migrant program

2. Investors

3. Self employed Lawyers

4. Business persons

5. Writers, Composers, Artists,

6. IGS

7. FT: WISS

8. Innovators

Innovators, Writers, Composers, Artists and Self employed Lawyers would be removed from the day when TIER 1 would be enforced. There would be some transitional measures to facilitate those who are already residing in the UK in one of those categories.

Four subcategories have been announced for TIER 1 i.e.

1. HSMP

2. Investor

3. Business persons

4. Post Study Work



1. HSMP

Initial applications

1. The criteria of HSMP have again been revised and a new section of “Maintenance” has been added thus making it for the initial HSMP applicants to claim 10 points under this section in addition to the other sections.

2. The English language has also been made a scoring section that would give 10 points to all applicants.

3. Education: This section would be carried forward without any changes.

4. Age: This section would be carried forward without any changes.

5. UK experience: This section would be carried forward without any changes.

6. Past earnings: A table has been given for the points that could be earned by having specific amount of past earnings.

The initial HSMP leave to remain / enter would be given for 3 years and that would be required to extend for another two years to qualify for settlement in the UK.

The two stage process (HSMP approval and entry clearance / leave to remain) would be converted into one stage.

Extension Applications

The main criteria would remain the same apart from the fact that the age points would be carried forward in all cases, the applicants would not require providing fresh English proficiency certificate and meeting maintenance requirements.

There would be separate rules for those who wish to apply from pre-points system categories.

Switching

HSMP participants would be allowed to move from one sub category to another and also to Tier 2 but not to post study work. Similarly people from other sub categories would also be allowed to switch to HSMP without losing their time spent in other categories for settlement purposes.

2. Business Person Visa

Initial Applications

Like under HSMP, the applicants would be required to successfully claim 75 points under different sections. It would be in the following way:

  • Access to £200,000 would give 25 points
  • Money held in a regulated financial institution would give 25 points
  • Money disposable in the UK would also give 25 points
  • English language has now been introduced for all applicants of Business person visa and would give the applicant 10 points.
  • Maintenance test: In addition to the £200,000 the applicants must provide evidence of having more than £2800 to meet their maintenance and accommodation expenses in the UK. This would also give 10 points.
Extension Applications

The applicants would be required to re-qualify and claim 75 points in the following manner:

  • The applicant must have invested £200,000 in the business = 20 points
  • The applicant can claim 20 points if he registers himself as a self employed person with HMRC or registers a new business or registered as a director of an existing company within 3 months of his arrival to the UK.
  • The applicant can claim 15 points if he is engaged in business activity at the time of their application for further leave to remain.
  • The applicant can claim 20 points if he has created two full time positions for at least 12 months each.
The applicants would not require providing fresh English proficiency certificate and meeting maintenance requirements.

  There would be separate rules for those who wish to apply from pre-points system categories.

Switching

Applicants would be allowed to move from one sub category to another and also to Tier 2 but not to post study work. Similarly people from other sub categories would also be allowed to switch to Business Person visa without losing their time spent in other categories for settlement purposes.

3. Investor Visa

Initial Applications

Like under HSMP or Entrepreneur visa, the applicants would be required to successfully claim 75 points which can be claimed in one of the following ways:

  • The applicant can obtain 75 points if he has got money of his own in a regulated financial institution and disposable in the UK amounting to no less than £1 million; or
  • The applicant can obtain 75 points which, taking into account any liabilities to which they are subject, have a value exceeding £2 million; and
  • Has money under their control held in a regulated financial institution and disposable in the UK amounting to no less than £1 million, which may include money loaned to them provided that it was loaned by a financial institution regulated by the FSA.
The applicants are not required to pass any English language test or maintenance requirements.

Extension Applications

The applicants would be required to re-qualify and claim 75 points in the following manner:

  • The applicant, having money of their own under control in the UK amounting to no less than £1 million would give him 30 points.
  • The applicant can also claim 30 points if his personal assets are worth more than £2 million and has got money of no less than £1 million loaned by a financial institution regulated by FSA.
  • The applicant must also claim 30 points by investing £750,000 of his capital in the UK by way of UK Govt. Bonds, share capital or loan capital in the active and trading UK registered companies (other than those principally engaged in property investment and excluding investment by the applicant by way of deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits).
The applicants would not require providing fresh English proficiency certificate and meeting maintenance requirements.

  There would be separate rules for those who wish to apply from pre-points system categories.

Switching

Applicants would be allowed to move from one sub category to another and also to Tier 2 but not to post study work. Similarly people from other sub categories would also be allowed to switch to Investor Visa without losing their time spent in other categories for settlement purposes.

4. Post Study Work

This sub category will provide a transitional route enabling high-calibre graduates from eligible UK institutions – in whatever subject – to transfer into work permit (Tier 2 when implemented ) and other Highly skilled categories. It will subsume the IGS and the FT: WISS schemes.

Initial Applications

Only students or dependants who have completed their degrees or diplomas from the UK would be able to apply under this scheme. The applicants would be given a maximum of 2 years` of leave in the UK which cannot be extendable any further. The applicants can however switch to other sub-categories of Tier 1 or Tier 2 (work permit).

Like under HSMP or Entrepreneur visa or Investor visa, the applicants would be required to successfully claim 75 points which can be claimed in one of the following ways:

  • The applicant can obtain 20 points if he has successfully obtained either a UK level degree at bachelor’s level or a UK recognize degree of post graduate level or a UK post graduate certificate or diploma or an HND from a Scottish institution.
  • The applicant can also obtain 20 points if the education they have completed is from an institution which is either a recognized or a listed body or on the Tier 4 sponsor`s list (once implemented)
  • The applicant can claim further 20 points under this category if he has completed the degree while on a student visa or on a dependant visa with valid leave to remain in the UK.
  • The last 15 points can be claimed if the applicant makes this application within 12 months of obtaining the eligible qualifications.
The applicants are not required to pass any English language test but would be required to provide evidence to fulfil maintenance requirement. The maintenance requirement would add further 10 points to the total score.

Extension Applications

No extensions are possible if the previous leave to remain was given for a full time period of two years.

  Switching

However the applicants can switch to other sub – categories of Tier 1 or Tier 2 (work permit) or back to student visa. Time spent on this category would not be counted towards settlement if the applicant applied for it on the basis of his leave to remain under one of the sub categories of the Tier 1 or Tier 2.

5. Transitional Measures

Migrants having leave to remain under Self employed Lawyers visa or Writers, composers and Artists visa, or Innovators visa would be given an opportunity to apply for extension and they would be given the period of leave to take them up to the threshold for being eligible to apply for settlement
: Company ( http://www.lawfirmuk.net/english/index.htm )
: UK Companies ( http://www.lawfirmuk.net/english/ukcompany.htm )
: Investments ( http://www.lawfirmuk.net/english/investment.htm )
: Immigration and Studying ( http://www.lawfirmuk.net/english/immigration.htm )
: Our Services and Prices ( http://www.lawfirmuk.net/english/services.htm )
Telephone: +44(0)20-7907-1460
+44(0)20-7631-1004 (for russian speakers)
Facsimile: +44(0)20-7907-1463
Email: inforu@lawfirmuk.net
Our new address: 2nd Floor, Queens House, 180 Tottenham Court Road, London W1T 7PD, United Kingdom
Copyright © 2000-2009 Law Firm Limited, London, UK ( http://www.lawfirmuk.net/ )