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Immigration News

UK TIER 1 VISA FOR HIGHLY SKILLED MIGRANTS

Tier 1 visas are for highly skilled migrants such as entrepreneurs, investors, and foreign graduates of UK educational institutions. Tier 1 was designed to attract top talent from outside the European Union who can contribute the most to the UK economy and also targets  highly skilled individuals include doctors, scientists, engineers, MBAs, and other educated workers.

The United Kingdom's Tier 1 visa immigration scheme is also part of the new points based system for employment-based immigration. The Tier 1 has replaced the schemes that cover these immigration categories as of early 2008.

THERE ARE FOUR CATEGORIES UNDER WHICH ONE COULD APPLY FOR UK TIER 1 VISA:

  1. Exceptional Talent Visa
  2. Entrepreneur visa
  3. Investors Visa
  4. Post-study Work Visa 

It is also advised that Skilled migration  visa to United Kingdom plays an important part  for the United Kingdom's economy globally.

The United Kingdom's  points based immigration system, Tier 1 (General) allows highly skilled individuals residing legally in the UK to receive a visa which allows them to remain in the UK without any kind of sponsorship from an employer.

Recently, the Government has introduced a cap that was imposed on skilled immigration, which particularly affects Tier 1 (General).  From April 2011, the UK Government has imposed a permanent cap on skilled immigration and will replace Tier 1 (General) with a new 'exceptional talent' visa.

The UK Government has stopped taking applications for Tier 1 (General) visas from applicants outside of the UK. Until Tier 1 (General) is replaced in April 2011, only applicants currently legally residing within the UK can apply under Tier 1 (General).

Applicants can apply, Tier 1 (General) is very similar to the previous HSMP, save for the notable exception of the removal of the MBA provision which allowed those with MBAs from a list of specific universities to claim an automatic 75 points.

English language requirements are also more stringent.  Applicants can contact Bilimoria & Associate to check if they meet the pass mark to qualify. Holders of tier visas at this level are permitted to live and work in the UK, seek and undertake employment, set up a business or become self employed as they see fit.

Bilimoria & Associate as an UK immigration Consultant assists all our clients new & old a full range of services UK visa provide for all tiers on the new system. Our consultants can help you to establish which of the new UK visas is most appropriate for your application and help you to move to the United Kingdom.  

Bilimoria & Associate can guide you at every stage and advice you on your initial application through to providing a wide-ranging package of on arrival services to help you adjust to living and working in the UK. Please contact us or write to us to assist you.

Applicants processing for the first tier visa do not require a UK work permit and the visa gives successful candidates the right to immigrate to the UK with full and free access to the employment market. 

Applicants may apply for themselves and will be assessed against a points system based upon a number of criteria. In addition, along with Tier 2 visas, the first tier provides a route to settlement and unlike Tier 3 visas, Tier 4 visas and Tier 5 visas, the option to apply for Indefinite Leave to Remain (ILR) or permanent residency in the UK is provided.

Please be advised: The UK Border Agency has stopped processing applications for Tier 1 (General) made from outside the UK presently.

TIER 1 POINTS BASED SYSTEM

In addition to the points system outlined above, candidates will also be required to be proficient in the English Language.

Points are earned according to three sets of criteria on Tier 1 category:

  • Applicants would need to look at the requirements into each category, such as age and past experience in the General Highly Skilled Migrants sub-category. 
  • Applicants will need to score at least 75 points to pass to lodge a successful application.
  • Applicants will be required to score 10 points in an assessment of their English capability on language competency.
  • Applicants need to score 10 points in this area by demonstrating that they have sufficient funds for their stay in the United Kingdom until they find employment.
  • Applicants should also support themselves and any dependants, otherwise called Maintenance. Sufficient funds are judged against the latest standard of living figures.

Applicants will be required to reach the pass mark for each of the criteria above as stated in order to gain entry under Tier 1 and to remain in the UK while seeking renewal of their Tier 1 visa after three years. Also, supporting evidence for an applicant on ability to claim sufficient points will be required before lodging an application.

As per the Immigration and Asylum Act of 2006, migrants applying from abroad will have no right of appeal when denied entry, so it is important to make sure this documentation is in order. Please contact Bilimoria & Associate to assess your eligibility prior to lodgment.

TIER 1 RENEWAL

On Tier 1 visa, after the applicant has lived for five years, the applicant is eligible to apply for settlement. However, time spent under the Post-Study Work category does not count towards the five-year requirement.  There are certain requirements and restrictions when renewing a Tier 1 visa is applied. Migrants must apply for the same sub-category under which they originally applied and score enough points again before an application can be made.

Applicant renewals of leave under the Highly Skilled General, Investor or Entrepreneur sub-categories will be granted for two years. It is not possible to apply for an extension of stay under the Post-Study Work sub-category. Individuals in the UK under the Post-Study Work sub-category are required to switch to another sub-category or a different tier.

Entrepreneurs must also show that an investment in business has been made and registration of the business was undertaken within three months of entry in United Kingdom.  The applicant must be actively engaged in the business and have created 2 full time job positions for at least 12 months on this visa. Investors must show that £750,000 was invested within three months of entry and that the investment has been maintained throughout the period of leave.

DEPENDANTS ON TIER 1

Under the new system, spouse immigration and dependant immigration visas will be provided allowing an applicant to bring their husband, wife, or unmarried partner to join them in United Kingdom. Provisions for family immigration under the new system will function in a similar manner to a UK Dependency Visa.  The existing marriage visa, unmarried partner visa and fiancé visa services will persist outside the tier system.

Migrants granted leave in the UK under Tier will be able to bring their dependants provided they can support them during their stay. Dependants include children, spouses, civil partners, same sex partners, and unmarried partners. 

Dependants of migrants in the highly skilled Tier 1 will be able to work in the UK as well. However, they will not be able to switch into any points system tier other than as a dependant of the main applicant to switch.

Since tier 1 immigration is designed for skilled migrants immigrating to the United Kingdom for a long-term to permanent stay, a successful applicant may bring their dependants, including their spouse, civil partner, unmarried partner, and or children with them.

However, the main applicant must demonstrate their ability to support and maintain their dependents in the United Kingdom. These dependents will be eligible work, nevertheless, if they wish to be in the UK in their own right.

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Weather Report

UK, London

Oct 09 Wed 2024 title 13.55 LONDON
Oct 10 Thu 2024 title 10.15 LONDON
Oct 11 Fri 2024 title 9.38 LONDON

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