5 Tiers introduction and Assessment

• Author: admin
• Filed under: .Uk Visa Guide
• Date: Oct 6,2009

Tier 1 visa – Highly Skilled Migrants

The first tier of the points based UK immigration service directly replaces the existing Highly Skilled Migrant Programme or HSMP and is designed for UK visa applications from candidates who can bring desirable professional skills, qualifications and experience to the United Kingdom.

Applying for the first tier visa service is an applicant led process and works on a similar premise to the Highly Skilled Migrant Program as it removes the need to apply for a UK work permit visa and affords successful candidates the right to immigrate to the UK with full and free access to the employment market. 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.

Tier 1 consists of the following five categories:

• Tier 1 General visa: for highly skilled migrants seeking employment in the UK, self employed immigrants or immigrants setting up a business,
• Tier 1 Investor visa: designed for those investing large sums of money in the UK,
• Tier 1 Entrepreneur visa: ideal for those setting up or taking over the running of businesses,
• Tier 1 Post-study visa: if you are studying now or have studied in the past in the UK this route is suitable for you.

As a specialist UK immigration consultancy, we can offer a full UK visa service to cater for all tiers of the new system. Our immigration consultants can help you to determine which of the new UK visas is most appropriate for your relocation to the UK and can assist you at every stage from immigration lawyer advice on your initial application through to providing a comprehensive package of on arrival services to help you adjust to living and working in the UK.

Start your Tier 1 Assessment Now

Benefits:

Like the HSMP immigration service it replaced, the Tier 1 visa immigration service does not require candidates to be in possession of UK work permits in order to enter the UK.

Candidates 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.

Points Based Assessment:

As with the HSMP system, the required number of points to qualify for a Tier 1 visa is 75. The new points based system is designed to allow non-EEA nationals who will contribute the most to the economy to emigrate to the UK.

Age:

1. Candidates under 28 years = 20 points
2. Candidates aged 28 or 29 years = 10 points
3. Candidates aged 30 or 31 = 5 points
4. Candidates ages 32 and over = 0 points

Qualifications:

1. Candidates with a MBA = 75 points
2. Candidates with a PHD = 50 points
3. Candidates with a Masters Degree = 35 points
4. Candidates with a Bachelors Degree = 30 points

(Points can be scored for vocational and professional qualifications if they are at least equivalent to one of the academic levels shown, but only if they can be verified).

Previous earnings:

(Figures will be weighted to take account of the country in which they were earned to determine a United Kingdom equivalent value)

• 40,000 + = 45 points
• 35,000-39,999 = 40 points
• 32,000-34,999 = 35 points
• 29,000-31,999 = 30 points
• 26,000-28,999 = 25 points
• 23,000-25,999 = 20 points
• 20,000-22,999 = 15 points
• 18,000-19,999 = 10 points
• 16,000-17,999 = 5 points

The points based system is designed to allow a wider variety of candidates to reach the threshold based upon performance in the different areas of assessment.

Whilst an older candidate may lose points in terms of age, the balance may be recouped through points amassed for their previous earnings.

Alternatively, a younger candidate without an established career may not yet command high earnings but may be able to reach the threshold based upon qualifications and age.

The new system aims, like similar models in Australia and Canada to allow migrants and employers to benefit from a system which considers potential earnings rather than past earnings alone.

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

Dependents:

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

Tier 2: Skilled worker with offer of employment

The second tier of the new points based UK immigration service replaced UK work permits and applies to medium and highly skilled workers wishing to immigrate to the UK who have an offer from a UK sponsoring company in place.

As is the case for a tier 3 visas, tier 4 visa and a tier 5 visa, applying for a UK visa for immigration under tier 2 will require each candidate to obtain a certificate of sponsorship, in this case from the sponsoring company, as part of their visa application.

A tier 2 work permit visa application is an employer led process and the company in question will need to fulfill certain responsibilities. However, this visa service also has elements in common with tier 1 and the old Highly Skilled Migrant Programme or HSMP, in that a points threshold, in this case 50 points must be met on a skills assessment and a level of proficiency in the English language is required.

As a specialist UK immigration consultancy, we can provide a full UK visa service for all five tiers of the new system. We can help you to establish which tier visa service is the most appropriate for your needs and our immigration consultants can assist you at every stage. We can offer immigration lawyer advice on your initial application and can help you adjust to living and working in the UK through a range of on arrival services.

Start your Tier 2 Assessment Now

Benefits

Like tier 1 visas, a tier 2 visa application is a potential route for settlement in the United Kingdom and as with the current system of UK work permits, applicants may become eligible to apply for Indefinite Leave to Remain in the UK (ILR) or permanent residence after five years in Britain. Beyond this, subject to meeting the requirements for British Naturalization, a candidate may be able to naturalize as a British citizen.

Points Based Assessment

Like all tiers of the new system, candidates are assessed and awarded points against various criteria. In order to qualify candidates must score a minimum of 50 points in tier 2.

Qualifications

1. Candidates possessing a PhD = 15 points
2. Candidates possessing a Masters Degree = 10 points
3. Candidates possessing a Bachelors Degree = 10 points
4. Candidates possessing an NVQ3 = 5 points

Prospective earnings

1. £21,000 + = 20 points
2. £19,500 – £21,000 = 15 points
3. £18,000 – £19,500 = 10 points
4. £15,000 – £18,000 = 5 points

(Job offers for positions identified as being in shortage sectors by the Skills Advisory Body [SAB] are worth 50 points)
(ICT candidates [see below] automatically receive 50 points).
(Non-shortage positions, which pass the Resident Labour Market Test, are worth 30 points).

Employer responsibilities

Employers recruiting candidates through the five tier immigration service must provide a sponsorship certificate detailing the job title and demonstrating that the salary offered is appropriate for such a position and that the role is at or above NVQ3. The certificate acts as confirmation that a candidate has the intention and necessary skills to fill the specified position.

In circumstances where a position being offered is not a shortage occupation, the employer will be required to show that they have attempted without success to fill the role from the domestic workforce through appropriate advertising.

In circumstances where a candidate wishes to change employment, a new certificate of sponsorship must be obtained and a re-assessment against the points system will be required. A tier 2 visa application is required for each change of employment.

Intra Company Transfer (ICT)

An Intra-Company Transfer (ICT) allows organisations to transfer key staff who have been employed for a minimum of six months to a UK subsidiary company. The company is not required to advertise the position although they must demonstrate the candidate possesses relevant knowledge and experience to undertake the position.

An ICT visa is valid for between one day and five years, depending on the length of time requested by the sponsoring company. The duration of the Intra-Company Transfer visa is also at discretion of the Home office.

Additional Information:

Since the second of the tier immigration services may be regarded as a route to potential settlement, family immigration is permitted for your wife, husband, civil partner, unmarried partner and/or dependent children. Spouse immigration and dependency immigration operate along similar lines to the current Dependency Visa. However, the marriage visa, unmarried partner visa and fiance visa categories will remain distinct from the new visas for points based immigration.

Tier 3 visa – Low Skilled Migrants:

The third tier of the new points based UK visa service is designed to cater for people immigrating to the UK in order to perform temporary low skilled work. The new tiers immigration service has replaced the Seasonal Agricultural Workers Scheme (SAWS) and the Sectors Based Scheme (SBS) and will grant leave to enter the UK to migrants from countries with which an effective returns arrangement with the United Kingdom is in place.

Our UK immigration consultants can manage your migration to the UK whichever tier visa is right for you. As a specialist immigration consultancy, we can assist you at every stage of your UK visa application with qualified immigration lawyer advice and on arrival services to help you adapt to living and working in the UK.

Start your Tier 3 Assessment Now

Understanding tier visas

As with the old UK work permit visa structure, a tier 3 visa application is a largely employer led process. Like work permits, sponsoring companies in the United Kingdom will be required to attempt to source labour domestically before recruiting from a wider base outside the EU. These UK visas for immigration will be based upon the creation of low skilled working schemes on an ad hoc basis when a shortage is identified which cannot be dealt with by the domestic workforce. The responsibility for identifying such shortages will lie with the Skills Advisory Body (SAB) and is intended to cater for the fluctuating need for low skilled workers throughout the year.

Entry to Britain as with tier 2 visas, tier 4 visas and tier 5 visas, will require a certificate of sponsorship as part of each application. With the exception of tier 1 visas which replace the existing Highly Skilled Migrant Programme or HSMP and offer complete freedom to seek and undertake work in Britain, all levels of the new system require such a certificate of sponsorship from a sponsoring body. In this case, the sponsor will be the operator of a particular low skilled worker scheme and the certificate will serve as confirmation that the applicants immigrating to the UK will be bound by the terms of the route.

Unlike a Tier 1 visa or a Tier 2 visa, applications at this level do not constitute a route to settlement and will not provide an opportunity to apply for Indefinite Leave to Remain in the UK (ILR) or permanent residency in the UK. Although intended as a work visa, an application of this kind shares attributes with a UK visit visa or travel visa in that it is intended as a temporary arrangement and does not offer any progression to permanent residence or British naturalization as a UK citizen. A visa for the third tier of the five tier immigration system will be granted for a maximum of 12 months and applicants will be obliged to return home at the end of this period.

Switching to other tiers is not permitted and immigration visas of this kind do not make provision for spouse immigration and dependent immigration. Applicants living and working in Britain on this temporary route will not be permitted to bring dependents with them and whilst family immigration routes such as the marriage visa, fiance visa and De facto visa, or unmarried partner visa will continue to function independently of the new system, they will not be relevant to applications of this kind.

Language requirements:

Due to the temporary nature of this tier, and emphasizing the difference from the first two tiers as routes to settlement, no standard English language requirement will be imposed. Competency in the language is of more importance to some industries than to others and whilst language skills may be important in an industry such as healthcare, in another such as agriculture they may not be so relevant. To reflect this, the appropriate level of English required in any low skilled worker scheme will be determined by the operator of an individual scheme who will also ensure that any migrants brought to the country meet that standard.

Tier 4 visa– students:

The fourth tier of the new points based UK immigration service focuses upon overseas students who wish to gain entry clearance to study in the UK. Tier 4 visas replace the UK student visa service and place more emphasis upon the responsibility of the educational body in question for the applicants they permit to study. The aim of this tier immigration service is to provide a more user-friendly, transparent route to studying in the UK.

With the exception of tier 1 visas, which directly replace the Highly Skilled Migrant Programme or HSMP, all tier visas for the new system will require a certificate of sponsorship from the relevant sponsor. In this case, the sponsor will be the educational institution offering a place which a student has accepted. Each sponsoring institution will be required to vouch for the ability of students.

Our immigration consultants can guide you at every stage of obtaining a visa for the UK, whichever tier visa service is right for you. As a specialist UK immigration consultancy, we can offer immigration lawyer advice on your initial application and can help you adjust to living and working in the UK through a range of on arrival services.

Start your Tier 4 Assessment Now

Duration:

Students will be granted leave to enter the UK for the purposes of completing their course at a specified institution. The grant will also take into account the time needed to conclude affairs and attend graduation. Changing from one course to another at the same establishment will not require a new visa application; however, changing a sponsor or obtaining a UK tier visa extension will require a further application to be lodged.

This level of the new system is not designed as a route to settled status in Britain and does not provide the opportunity to apply for Indefinite Leave to Remain in the UK (ILR) or permanent residency. A Tier 4 visa is a temporary immigration service designed with a specific purpose in mind and will not lead to British naturalization as a UK citizen.

Categories of student:

Students are divided into three categories when applying for a UK visa at this level. Each category requires the satisfaction of separate criteria as set out below.

General student:

Students studying in Britain at or above degree level in a publicly funded institution, or engaging in more than 15 hours of study per week. In this category, work is permitted for 20 hours each week rising to full time hours during holiday periods. Dependents are permitted to join students in this category.

School:

Students in full time study at an independent school up to the age of 18. Working hours are the same as the general student category but dependents are not permitted.

Study through work:

Students on courses of work experience or placements. Working hours will be the same as the other two categories and dependents will be permitted in instances where the principal applicant will be in the country in excess of 12 months.

Educational institution obligations:

Educational institutions offering study places to overseas students will need to attain the status of approved sponsors by demonstrating that they are bona fide establishments, rather than non-accredited or purely commercial operations.

Certificates of sponsorship act as verification from a college or university that students making UK visa applications will abide by the rules and requirements of their course. Educational institutions will also be obliged to report non-enrollment and non-attendance.

Additional information:

As noted, dependents of students making a successful UK visa application will be permitted to enter the country, however, as with tier 3 visas and tier 5 visas this tier is regarded as a temporary immigration route. Unlike tier 1 and tier 2 visas, spouse immigration and dependent immigration in these circumstances will also be temporary and will reflect the grant of leave awarded to the principle applicant.

Family visa services such as the marriage visa, fiance visa and unmarried partner visa, or De Facto visa will continue to function independently of the new system, however they will not apply to applications of this kind.

Tier 5 visa – Youth mobility scheme/ temporary workers:

Tier 5 of the points based tier immigration service is designed to accommodate two different groups of people immigrating to the UK on a temporary basis. Fifth tier visas apply to people who wish to immigrate to the UK in order to participate in a youth mobility scheme. In addition, they cater for a range of specific temporary employment opportunities.

As a specialist UK immigration consultancy, we can offer complete UK visa services for all tiers of the new system and can help you to establish which is the most suitable for your needs. Our immigration consultants can offer immigration lawyer advice at every stage of your application and can manage your relocation to the UK offering on arrival services to help you adjust to working in the UK.

Start your Tier 5 Assessment Now

Youth mobility scheme:

The introduction of the UK tier visa structure is intended to simplify and rationalize outgoing UK immigration services into a more straightforward and transparent structure. As part of this process, visas for the fifth tier will replace a range of youth mobility schemes such as the Commonwealth Working Holidaymaker (WHM) and the Au Pair Programme with a single system which introduces a uniform set of requirements.

Tier five is available to applicants from participating countries aged 18-30 and will grant leave to enter the UK for a maximum period of 24 months. As with tier 3 visas and tier 4 visas, British immigration through this route is a temporary entitlement and applicants will be obliged to return to their home country at the expiry of the grant.

Unlike a tier 1 visa or a tier 2 visa, both of which are intended as routes to settlement in Britain, the fifth tier does not afford any benefits of permanent residence in the UK. Applicants may not be self-employed or function as professional sportspeople, and like tier 3 visas, they cannot bring dependents into the country or switch to any other tiers of the system.

Fifth tier immigration does not provide a route to settlement nor the opportunity to apply for Indefinite Leave to Remain (ILR) often known as permanent residency. UK visas for immigration at this level will not constitute a first step to those wishing to apply for British naturalization as a UK citizen. With this in mind, spouse immigration and dependent immigration are not permitted. Whilst the marriage visa, fiance visa and De Facto visa or unmarried partner visa categories will function outside the new structure, they will not be relevant to applications of this kind.

Eligibility:

Applications for UK visas for immigration must be accompanied by a certificate of sponsorship. This is true of all tiers with the exception of a tier 1 visa which directly replaces the Highly Skilled Migrant Programme, or HSMP. In the fifth immigration tier, certificates are issued by the applicant’s home Government and serve as an assurance that an applicant will abide by the terms of the scheme undertaken.

Temporary workers:

Fifth tier visas for the UK also accommodate the following categories of temporary workers immigrating to Britain who do not qualify under the requirements of a tier 2 visa. Once again, the maximum duration of leave is 24 months and switching to other tiers is not permitted. Dependents will be admitted but will only be allowed to work in the UK if the principle applicant is afforded more than 12 months leave.

Creative/Sporting: (12 months Maximum)

UK visa applications can be made by creative artists, sportspeople or entertainers providing that a sponsor has been organized. Sponsors must be able to confirm that applicants pose no threat to the domestic workforce and will engage only in the specified activity.

Voluntary Workers: (12 months Maximum)

Sponsorship from a charity or benevolent organization is required for applicants entering the UK via this route. Sponsors must be able to demonstrate that the activity is directly relevant to the organization and that it will not be permanent.

Religious: (24 months Maximum)

With the exception of ministers of a faith who engage in a preaching and pastoral capacity, religious workers may visit Britain if they are sponsored by the faith community.

Exchange: (12 months Maximum)

Entering the country as part of an accredited exchange, development or knowledge sharing scheme is permitted subject to sponsorship by the organization running the scheme is question.

International Agreement: (12 months Maximum)

In some circumstances, Britain is obliged to allow specific categories of immigrants into the country to work. International agreements such as the General Agreement on Trade in Services (GATS), and the Vienna Convention on Diplomatic Relations (VCDR) 1961, relating to diplomatic household servants would be examples of this. The sponsorship role would be fulfilled by means appropriate to the specific agreement.

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