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No more Tier 1 (G) from overseas from 23/12/2010 - read the full news

TIER 1 (GENERAL) (The category will be closed 23/12/2010 from overseas and 05/04/2011 from the UK)

NEW CRITERIA – FROM 19TH OF JULY 2010

The applicants are required to score at least 100 points in total to successfully apply for the required visa and they can claim following points under the various heads:

I               SCORING SECTIONS

Attributes:

The applicant has to score 80 points under this section that can be claimed in the following way:

1. Qualifications (30 – 45 Points)
2. Previous Earnings: (5 – 80 points)
3. UK experience (5 Points max.)
4. Age: (5-20 points)

The applicant must claim 80 points by scoring under either of the above sections. It is no more necessary to have Bachelors or Masters equivalent qualification to qualify under Tier 1 (G).

Qualifications: An applicant having a UK Bachelors Degree will be able to claim 30 points, or 35 points for having a Masters degree or 45 points for having a PHD in any subject. The maximum is 45 points that can be claimed under this section, this has been reduced from 50 that could be claimed before 06th of April 2010. It is no more necessary to score points under this section if the applicant can provide evidences that he can score sufficient points under the other sections. 

Past Earnings: Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The UKBA has now revised the list of earning levels that will enable the applicants to claim points according to the level of earnings which is as under:

There have been no changes in the uplift multiples and the overseas earnings will be assessed using the same criteria. This is however under review and can therefore be changed at a later stage.

The applicants can get 5 points for having earnings of above £25K and 80 points for having earnings of £150,000 or more in the 12 months out of last 15 months.

UK Experience: Maximum 5 points can be claimed if an applicant scores points for past earnings and those earnings were made in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK. Points under this section can only be claimed once on the basis of UK qualifications. When the applicant is making an extension application, he can only claim points under this section if he has got earnings of £25,000 or more from the UK.

Age: The maximum one can get is 20 points for being 29 years of age or under while the minimum is 0 for being 40 years or over for initial application. While the maximum one can get is 20 points for being under 31 years or age or under while the minimum is 0 for being 42 years of age or over for extension application. 

Initial application

Extension application

English Language:

For Tier 1 (General), applicants are required to provide evidence that they speak, communicate and understand English language to a certain level. This requirement can be met in one of the following three ways:

• By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
• By having a degree level qualification from an English speaking country
• By having passed an English language Test (e.g. IELTS: 6.5)

This will give 10 points to the applicant.

Maintenance:

The applicant need to score 10 points under this section by providing evidences confirming that he has got sufficient amount of money for the maintenance and accommodation of himself and any of his dependants. He has to provide evidences that he has maintained a specific amount of money for at least 3 months prior to making the application (initial or extension).

This is a very strict requirement and the application will likely to be refused even if the balance falls down the required threshold for a short period of time in the last three months.

II               WORK RESTRICTIONS

Although the Tier 1 (G) migrants who obtain apply under the rules applicable on or after 06th of April 2010, will be give freedom of work and will also be able to work on self employment basis but they will not be allowed to take following positions:

• Working as doctor in training
• Working as dentist in training
• Working as professional sportsperson
• Working as sports coach

PRESENT CRITERIA FOR EXTENTION APPLICATIONS OF THOSE WHO OBTAINED LEAVE TO REMAIN / ENTRY CLEARANCE UNDER THE RULES APPLICABLE ON OR BEFORE 05TH OF APRIL 2010

From 06th of April 2010, the present criteria are only used for the extension applications and are no more be applicable for the initial applications.

I              SCORING SECTIONS

Attributes:

The applicants have to re-qualify under the point based system and score 75 points that can be claimed in the following manner:

1. Qualifications (30 – 50 Points)
2. Previous Earnings: (5 – 45 points)
3. UK experience (5 Points max.)
4. Age: (5-20 points)

Qualifications: An applicant having a UK Bachelors Degree will be able to claim 30 points (provided they were given points in their initial application for this qualification), or 35 points for having a Masters degree or 50 points for having a PHD in any subject. The maximum is 50 points that can be claimed under this section.

Past Earnings: Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The applicants will be able to use their earnings in the UK and also their income from overseas. But they will not be allowed to use multiples in extension applications. The applicants can get 5 points for having earnings of above £16K and 45 points for having earnings more than £40K in the 12 months out of last 15 months.

There is an exception for those who were on maternity or adoption – related absence; they can use earnings earned in the 12 months out of last 15 months, immediately before going on maternity or adoption – related leave.

UK Experience: Maximum 5 points can be claimed if an applicant scores points for past earnings and those earnings were made in the UK.

Age: The maximum one can get is 20 points for being under 31 years of age while the minimum is 0 for being over 34 years of age. The applicants of age 31-32 can get 10 points while applicants of age 33-34 can only get 5 points.

The applicant can only claim a total of 75 points if he can provide the relevant documentary evidences and claim points under any of the sub sections mentioned above.

English Language:

For Tier 1 (General), applicants are required to provide evidence that they speak, communicate and understand English language to a certain level. This requirement can be met in one of the following three ways:

• By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
• By having a degree level qualification from an English speaking country
• By having passed an English language Test (e.g. IELTS: 6.5)

This will give 10 points to the applicant. If they have already acquired 10 points under this section in their initial application, they do not need to re-take any such tests.

Maintenance:

The applicant need to score 10 points under this section by providing evidences confirming that he has got sufficient amount of money for the maintenance and accommodation for himself and any of his dependants. He has to provide evidences that he has maintained a specific amount of money for at least 3 months prior to making the application (initial or extension).

Please note that the funds for the maintenance of the family members can be available in the main applicant`s name or the dependant`s name. This is a very strict requirement and the application will likely to be refused even if the balance falls down the required threshold for a short period of time in the last three months.

There are no exemptions of this requirement.

II              WORK RESTRICTIONS

Applicants extending leave to remain under the present rules will only be restricted to work as a doctor in training. Those who have leave to remain or leave to enter under the Tier 1 (General) will be allowed to take any employment or engage in self employment activities or work in a combination of both. The dependants will also be enjoying full rights to work in the UK similar to the main applicant. The only restriction that they will have is that they will not be allowed to work as a Doctor in Training.

III               OTHER INFORMATION

1.   Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

2.   Appeals (In country Applications only)

The applicants whose Tier 1 application is refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant will however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.

3.   What services we can offer?

We can advise on the procedure, requirements and merits of making an application to the home office / British Diplomatic post.

• We can provide assistance in completing the application forms and advise on the list of required documents.
• We can advise and represent our clients in making representations in support of their immigration matters.
• We can advise and represent our clients’ dependant to seek dependant visas in line with the visa of the main applicant.
• We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason.
• We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.

Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.