Tier System (Points Based System)
The Points Based System is a system used for managing migration for those migrants that wish to work or study in the UK.
Applicants wishing to work or study in the UK are required to obtain a certain number of points depending on the relevant Tier that applies to them. There are currently four Tiers that are in force, depending on the type of application that you wish to make such as for work, study or visiting the UK.
UK Tier 1 Immigration Lawyers Birmingham
Tier 1 (General)
- Purpose: to allow non – EEAA nationals who will contribute most to the UK economy to migrate in order to work and set up businesses here.
- Tier 1 (General) allows highly skilled individuals who can meet the requisite points criteria to immigrate to the UK without any kind of sponsorship from an employer.
- Highly skilled individuals include doctors, scientists, engineers, graduates of the MBA, and other educated workers.
- If you can speak English, have earned at least the equivalent of a bachelor’s degree, and can show that you have earned a relatively good income, Tier 1 (General) is the right scheme for you.
- Applicant must successfully attain 75 points in attributes section.
- The applicant will be awarded 10 points for English language proficiency
- The applicant will be awarded 10 points for maintenance requirements.
- If you do not score a minimum of 75 points for your attributes and 10 points for English language and 10 points for available maintenance, your application will be refused.
- It is a point of notes that since recent changes have been put in place, those applying under Tier 1 (General) as an initial application, as opposed to an extension application, must have at least a Masters degree. The attainment of Bachelor’s degrees will only suffice for extension applications.
Tier 1 (Entrepreneur)
- Individuals who plan to invest in the UK by setting up or taking over a business, can come to the UK under the ENTREPRENEUR sub-category of Tier 1
- At least £200,000 of disposable capital held in a regulated financial institution is required. Third country nationals who would like to start a business in the UK will find this Entrepreneur visa to meet their needs if they can meet the criteria.
- Applicants must be evidence proficiency in English, and also meet the maintenance (funds) requirement which has been predetermined by the Home Office.
Tier 1 (Innovator)
- Wealthy individuals who plan to make a substantial financial investment in the UK can come under the INVESTOR sub-category of Tier 1.
- At least £1 million of disposable funds is required.
- Investors are exempt from the English language requirement and the requirement to prove the ability to support themselves also and any dependants.
- This sub-category is designed for very wealthy individuals who want to live in the UK.
Tier 1 (Post Study Worker)
- The PSW sub-category is designed to retain the most able foreign students who have studied in the UK.
- It is part of Tier 1 because successful applicants will be able to find work after graduation without having a sponsor.
- Those with student visas in the UK under Post-Study Work are expected to switch into another part of the points system (whether Tier 1 or another Tier) as soon as they are able to do so.
- To encourage individuals to switch over, leave will only be granted under Post-Study Work for a maximum of 2 years and is non-renewable. Time spent in the UK under Post-Study Work will not count towards permanent residence. Students must apply for the Post-Study Work sub-category within 12 months of receiving their qualification.
UK Tier 2 Immigration – Job Offer
Tier 2 offers an entry route into the United Kingdom for skilled workers who are citizens of countries outside of the European Economic Area.
In all cases people applying for entry under this scheme must be in possession of a JOB OFFER and fulfil other requirements as detailed for the different categories.
Tier 2 has four categories:
- GENERAL: for people coming to the United Kingdom with a job offer to fill a gap that cannot be filled by a settled worker which may or may not be on the SHORTAGE OCCUPATION LIST.
- INTRA-COMPANY TRANSFERS: for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a UK-based branch of the organisation.
- SPORTSPEOPLE: for elite sportspeople and coaches whose employment will make a significant contribution to the development of their sport at the highest level.
- MINISTERS OF RELIGION: for those people coming to fill a vacancy as a Minister of Religion, Missionary or Member of a Religious Order.
*Also see business immigration section for potential sponsors of tier 2 workers for licensing.
UK Tier 4 Immigration – Students
Points What you get points for Proof and documents needed 30 Doing a course (at an acceptable level) with an approved education provider (also known as sponsorship) Visa letter from your approved education provider, and the documents used to get the visa letter 10 Having enough money to cover your course fees and monthly living costs (also known as maintenance) Bank statement or letter confirming that you have enough money available to cover your course fees and monthly living costs for up to one year, at the time you submit your application - As a student applicant under Tier 4, you must also make sure that the educational institution to which you are applying is one which is approved by the UKBA to be able to provide the course to you.
- The education provider will therefore require a license before they can offer a Tier 4 applicant a course to study. There is a Tier 4 register of sponsors, which lists the educational institutions which are accredited.
UK Tier 5 Immigration – Temporary Workers
Young people who wish to experience life in the United Kingdom and those who need to work for short periods of time in the country will be able to apply for a Tier 5 visa for Temporary Workers. This scheme, part of the UK’s new five-tier points based system, allows young people from countries with which the UK has certain agreements to live and work in the UK for up to two years.
If you wish to come to the UK under a Tier 5 visa, you will need to be:
- a citizen of a participating company; or
- a British overseas citizen; or
- a British overseas territory citizen; or
- a British national (overseas)
You will also need to be sponsored by your government if you are not a British overseas citizen, British overseas territory citizen, or a British national (overseas).
Contact our Immigration Lawyers in Birmingham
If you need more information on Immigration Law, call our Immigration Lawyers on 0121 409 1113, email: lexfieldlawpartners@outlook.com, or click here to make an online enquiry.
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