How the Tier 1 (General)
scheme works
The Tier 1 schemes are designed to allow highly skilled people to migrate to the United Kingdom to look for work or self-employment opportunities; they are different from the other Tiers of the PBS, because you do not need a specific job offer in the UK to apply. Tier 1 (General) applicants do not need to provide a detailed business plan, do not need to create jobs and do not need to invest directly in the UK, but do have to satisfy a points criteria based on age, earnings and qualifications.
The Tier 1 (General) is a points-based immigration scheme introduced by the UK Borders Agency (UKBA) on 29 February 2008 and which replaced the previous HSMP scheme as from 30 June 2008.
As from 06 April 2010, the points criteria in respect of earnings, age and qualifications changed significantly, and it is now possible to qualify on the basis of high earnings alone (of £150,000 or above). In addition, in order to gain any points at all for previous earnings, applicants are now required to have earned at least £25,000 (or equivalent) over the relevant twelve month period.
Age points have also changed, and it is now possible to score points for ages up to and including 39. Previously 31 was the highest age at which points were scored.
In addition, the lowest eligible educational qualification has been altered to a Bachelor's degree, which scores 30 points. Between 1st April 2009 and 5th April 2010, the lowest permissible educational qualification was a Masters, but this requirement was changed as of the 6th April 2010.
From 19th July 2010 the level of points required for attributes (age, qualifications and previous earnings) increases from 75 to 80 points.
These changes do NOT affect applicants applying to extend an existing HSMP or Tier 1 (General) visa obtained under previous criteria.
Points based system
Applicants must attain sufficient points in three separate points scoring areas.
Area 1
First you must score at least 80 points from a range of attributes (age, qualifications, previous earnings and UK experience); please note that you do not have to score points in all categories to qualify under the scheme as long as you score at total of at least 80 points in this area. It is important that you will have to provide original documents to verify the points you are claiming. Please see the guidance notes that accompany our Tier 1 points calcultor.
Points are allocated for 3 age categories (29 or under, 30 to 34 and 35 to 39 years; the lower your age the higher the points you score); the greater your earnings over a 12 month period the greater your score and points can also be claimed for qualifications obtained either in the UK or abroad. If the qualification was obtained in the UK or a minimum of £25,000 has been earned in UK, then an additional 5 points for UK experience can be awarded.
Area 2
In addition to scoring at least 80 points as above you must also score another mandatory 10 points for English language ability. This can be proved in one of three ways: either being a national of an English speaking country, have a degree taught in English or having an IELTS level 6.5 qualification or equivalent. See our points calculator for more information.
Area 3
You must also score a further mandatory 10 points by being able to prove that you have sufficient funds to meet the maintenance requirements. The only practical way of proving you have these funds is to produce bank statements showing that the balance has not fallen below the applicable figure at any time during the three months leading up to the application.
For in-country applications this amount is £800 for the main applicant and £1,600 for each dependant. If the main applicant has been in country for 12 months or over then it is £800 for main applicant and £533 for each dependant. The maintenance requirement for out-of-country applications is £2,800 for the main applicant and £1,600 for each dependant.
How we can assist
It is only possible to switch your immigration status within the UK under limited circumstances (e.g. from Tier 2/Work Permit, HSMP, Post-Study Work or Tier 4). In these cases we can provide a full service from initial advice to passport endorsement within the UK.
For the majority of applicants, either currently outside the UK or on restricted UK visas, it will be necessary to submit a Tier 1 (General) application at a British Embassy or High Commission in your home country. In this case we can provide initial advice through to checking the suitability of supporting evidence and providing an application pack for you to submit to the British diplomatic mission.
Initially Tier 1 permits will be granted for a period of 2 years, after which people on the scheme can apply to extend their permit for a further 3 years if they can demonstrate that they still meet the requirements of the scheme at the time. On completion of a total of 5 years you may be eligible to make an application for Indefinite Leave to Remain (Permanent Residency). Dependants can accompany applicants as long as it can be shown that you can provide sufficient support and accommodation for them in the UK.