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The information contained in this section outlines the different categories provided for in the rules applying to immigration law in the United Kingdom.
Our company’s advisors can assist in all UK immigration and visa matters in respect of clients throughout the world. SOME FIRMS OR INDIVIDUALS PURPORT TO OFFER IMMIGRATION ADVICE AND SERVICES WITHOUT BEING APPROPRIATELY QUALIFIED. Any firm or individual with whom you consider spending money for immigration services must use a qualified solicitor or barrister or be registered as Immigration Advisors. IF THEY ARE NOT PROPERLY QUALIFIED TO GIVE IMMIGRATION ADVICE DO NOT USE THEM.
We are registered at the highest level of registration with the OISC (Level 3) in all categories of immigration work including applications under the Points Based System, European law, nationality & citizenship, asylum, appellate and bail work and other complex immigration casework.
We have a team of registered Immigration Advisors working for our clients providing immigration advice and services within their respective levels of registration with the OISC (certificate available on our website).
16/03/2011 the Government introduced the new rules for different immigration categories from 6 April 2011 rewarding those who contribute to economic growth under Tier 1 (Investor) and Tier 1 (Entrepreneur).
20/07/2011 UKBA announced the final criteria for applicants under the new PBS category Tier 1 (Exceptional Talent). In particular, the list of competent bodies has been approved and published, as well as their Eligibility and Assessment criteria for the applicants.
IMMIGRATION CATEGORIES
Points Based System (PBS)
Introduction of TIER
On 30th June, 2008, Tier 1 was launched in full all over the world. It has been changing ever since and one subcategory is now closed. There are now four sub-categories of Tier 1, Tier 1 (General) having been fully closed on 6th April, 2011:
1. TIER 1 (Exceptional Talent)
TIER 1 (Exceptional Talent) This new category is for applicants who have already been recognised but also those with the potential to be recognised as leaders in their respective fields.
2. TIER 1 (Post study Work)
TIER 1 (Post study work) is for applicants who have completed studies in the UK and wish to find work in the UK.
3. TIER 1 (Entrepreneur)
TIER 1 (Entrepreneur) replaced the Business persons category and is for those applicants who would like to set up or buy an existing business in the UK.
4. TIER 1 (Investor)
TIER 1 (Investor) replaced the Investor category and is for those applicants who wish to invest in the UK.
TIER 2
The Point Based System was launched in full from 27th of November 2008.
Once a sponsorship certificate is issued, the prospective employee of the sponsor (employer) will be required to submit his or her visa application that can be made while remaining in the UK, provided he/she is able to ‘switch’ to this category, or from outside the UK.
The UKBA has divided Tier 2 into four categories of applicants who require sponsorship certificates from their sponsors and will be making their visa applications in line with the certificate:-
1. TIER 2 (General)
2. TIER 2 (Minister of Religion)
3. TIER 2 (Sportsperson)
4. TIER 2 (Intra-Company Transfer)
TIER4
Tier 4 (Students) of the Points Based System was launched on 31 March 2009 and has undergone some major changes.
This category includes two sub-categories:
- General Student – for those who are coming to the United Kingdom for post-16 education.
- Child Student – for children between 4 and 17 years old coming to the UK for their education to study at independent schools.
Students of 16 or 17 years old should agree with the chosen educational provider either to apply for General Student or Child Student visa.
Educational provider means any educational establishment in the UK that is approved by the UKBA and has been given a licence to bring overseas students to the United Kingdom under Tier 4 of the PBS.
TIER 5
Tier 5 of the Points Based System came into force on 27th November 2008. Tier 5 enables young nationals to experience life and culture in the UK and also permit workers to undertake short-term or temporary employment in the UK. Tier 5 replaced the following existing immigration categories:
- Au pairs
- Domestic workers in Diplomatic Households
- Gap year
- China Graduate Work Experience
- General Agreement on Trade in services (GATS)
- Japan: Youth Exchange Scheme
- MP’s Research Assistants
- Ministers of religion, missionaries and members of religious orders
- Overseas government employees
- Sportspeople
- Training and Work Experience Scheme
- Voluntary workers
- Working holidaymakers
Tier 5 consists of two main categories under the Points Based System: the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, set out below:
VISITOR VISAS
The visitor visa is the most popular single route for individuals coming to the UK for tourism, visiting family as well as business visits.
There are specific categories of the visitor visa (and only ‘family visitors’ currently enjoy a full right of appeal in the event of any refusal of their visa application).
Reasons why you may wish to visit the UK
There are obviously numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test in the UK.
General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will leave the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) in the UK without assistance from public funds.
The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK’ who are entitled to stay in the UK for a maximum period of 12 months.
Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.
The most common categories of Visitor Visa are as follows:
- Visiting family (Family Visitor)
- Visiting friends (General Visitor)
- Tourism (General Visitor)
- Academic visitors (Business Visitor)
- Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch (Business Visitor)
- Individuals undertaking specific, one-off training in techniques and UK work practices (Business Visitor)
- Visitors for private medical treatment in the UK (Special Visitor)
- Visitors intending to marry in the UK (Special Visitor)
- Parents of a child under 12 at school in the UK (Special Visitor)
- Those coming for a specific event, tournament, or series of events as individual competitors or as members of an overseas team (Sports Visitor)
- Those coming to the UK for a short time without a work permit to take part in certain major arts festivals, music competitions and charity events (Entertainer Visitor)
There are other categories of Special Visitor and, if the purpose of your visit is not listed above, you should refer specifically to this category via our link below.
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