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Tier 1

 

Tier 1 – (General) HSMP / Highly Skilled Workers

The Highly Skilled Migrant Program was launched by the Home Office in January 2002 to allow individuals with exceptional personal skills and experience to enter the UK to seek and take up employment without having a prior offer of employment. It aims to provide an individual migration route for a highly skilled person who has the skills and experience required by the UK to compete in the global economy.

The HSMP program has changed on numerous occasions over the last 18 months. The most recent change being the incorporation of the HSMP under the new Tier 1 Points Based System. The new program released from June 30th 2008 no longer allows individuals to apply for this visa type from the UK. All applications MUST now be made to the British High Commission in your country of origin / legal residence. (Please see recent news items on this site)

The HSMP is a points-based scheme and points are scored in the following areas:

•          Age (0-20 Points)

•          Educational qualifications (30-50 Points)

•          Past earnings (0-45 Points)

•          UK Work Experience / UK Completed Study (Max. 5 Points)

•         English Language Ability (Mandatory 10 Points required)

•          Maintenance Requirement (Mandatory 10 Points required)

The criteria and points allocated vary in each qualifying section however you must score 95 points or more to qualify as a highly skilled migrant. To be successful in obtaining this visa you need to be able to provide satisfactory evidence that you score the points stated while points scoring for English Language ability and Maintenance sections are a mandatory requirement.

The Tier 1 (General) HSMP permit is granted initially for three years and after that an extension may be granted if you remain economically active, do not recourse public funds and are able to continue to meet the points test. The extension will be given for a further two years which then leads to Indefinite Leave to Remain status in the UK. It is important to note that initial applications must be made abroad however applications for extension in this category can be completed whilst in the UK.

It should also be noted that unless you have a minimum degree level qualification or an educational certificate adjudged equal to a UK degree level as adjudicated by NARIC then you will not qualify for this visa. In addition if you do not meet the English language requirement which for some will simply be as a result of their Nationality yet others may have to sit an IELTS or like English test then you will also automatically not be able to gain this permit. Finally the Maintenance requirement must now be met in order to qualify. At present each applicant will need to prove that they have £2,800 over three consecutive months’ accessible funds in order to qualify. In addition, if you would like dependents to travel to the UK with you a further £1600 per dependent will need to be evidenced over this period.

Tier 1 – Post Study Work

The Tier 1 - Post Study Work category has recently replaced the former International Graduates Scheme (IGS), Science and Engineering Graduate Scheme (SEGS) and Fresh Talent: Working in Scotland Scheme (FT:WISS).

The post-study worker category allows international graduates who have studied in the UK (at a degree level or higher) to remain beyond their period of study to work for an initial 24 month period. Post-study workers are free to look for work without having a sponsor for the length of their leave. Individuals who have studied in Scotland at a HND level or above also qualify under this program.

The category provides a bridge to highly skilled or skilled work visa types in the future. If you are granted permission to stay as a post-study worker it is expected that an applicant will switch into a more permanent visa category (Tier 1 HSMP / Tier 2 Work Permit program) when possible.

Please note that if you are in the UK and hold a current IGS, SEGS or FT:WISS visa that was previously granted for one year you may remain in the UK under the Tier 1 Post Study category by applying for a one year extension without leaving the UK.

The visa type is based on a points based system where applicants must meet an initial 75 point requirement and will also be required to meet the maintenance thresholds and English language requirement to qualify for this visa type.

Tier 1 – Entrepreneur & Investor Categories

The final categories under Tier 1 of the Points Based System are the Entrepreneur and Investor categories.

The Tier 1 - Entrepreneur category is for those investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the United Kingdom. Applicants amongst other forms of evidence will need to demonstrate access to £200,000 or more.

The Tier 1 – Investor category is for those individuals seeking to make a substantial financial investment in the UK. A job offer is not required however a reasonable figure of £1,000,000 to invest in the UK is the main criteria for meeting the points in this category.

 

UK Work Permits

The Work Permit Scheme currently consists of numerous sub categories of work permits available to individuals; the appropriate one being based on the purpose for working in the UK and the surrounding circumstances. In October / November 2008 this complex web of permit types and processes will be replaced by Tier 2 under the Points Based System.

Until such time, the common work permit types, characteristics and processes are:

Business and Commercial Work Permit

The Business and Commercial work permit allows an employer in the UK to recruit people from outside the EEA to fill job vacancies that may otherwise be filled by a resident worker. The main purpose of this is to assist businesses in their international development by allowing them to employ key staff who have the required skills but do not have the required working status in the UK. This type of work permit must be applied for by the sponsoring company and can be valid for as little as one day or as long as five years depending on the length requested by the sponsoring company.

The Business and Commercial work permit consists of two categories currently know as Tier 1 and Tier 2.

 

Tier 1

This type of work permit is relevant to employees who are seeking to come to the UK under in the following categories:

Ø      Intra Company transfer

Ø      Board Level Post

Ø      Inward Investment

Ø      Shortage Occupations

 

Tier 2

This type of work permit is relevant to work permits where the employer has advertised the position and wants to hire a non-resident worker instead of a resident worker. The employer must be able to offer proof that no suitable person from either the UK or the EU labour market is readily available or suitable to fill the position.

A person who has been issued with a Business and Commercial work permit must be an employee of the sponsoring company and is bound to that company for the term of the work permit. Should the person wish to change employment, the employer wanting to take over the employment of the person must firstly apply to take over the work permit. This is applied for by the sponsoring company and not the individual.

Some other types of work permits that are not as common are:

Training and Work Experience

Internship Placement

Sole Representatives

Click here for a free online assessment or contact our staff and one of our consultants will assess your situation & provide you with your best permit or visa options.