Different Tiers Explained

How does one qualify for Tier 1? (HSMP earlier)

Tier 1 (Highly Skilled Workers) has four categories:

To qualify to apply under the points-based system under the Highly Skilled Tier 1 (General) scheme, you must score the following points:

• At least 75 points for your attributes (age, qualifications, previous earned income and experience in the UK)
• 10 points for English Language
• 10 points for available maintenance (funds)

Qualifications
Applicants will be awarded points for their highest qualification as follows:

• PhD = 50 points
• Master's degree = 35 points
• Bachelor's degree = 30 points

Previous earnings(Non-sterling currencies are converted to sterling - the overall figure takes account of regional differences between earnings)

• £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

Age
Candidates will be awarded points depending on their age as below. No points are awarded in this category for applicants aged 32 or older.

• Under 28 = 20 points
• 28 or 29 = 10 points
• 30 or 31 = 5 points

Previous earnings or qualifications in the UK
In addition to the points outlined below, applicants may be eligible for a further 5 points where they can show proof of earnings or of qualifications gained whilst in the United Kingdom.
Some Rules and Restrictions on the Tier 1 (General) permit holder:

• You have no work restrictions imposed on your stay in the UK.
• You do not have recourse to public funds.
• After three years you can apply for an extension which will be granted if the UK Home Office is satisfied that you meet the requirements for the Tier 1 (General) extension application.
• You are allowed to apply to bring your dependants to the UK on this programme.
• You cannot work as a Doctor in training – i.e. take a training post within the NHS

What happens at the end of the initial three year period:
A Tier 1 (General) permit holder will be able to apply for an extension at the end of his/her initial three year period as a Tier 1 (General) permit holder.
You will be required to claim at least 75 points for your attributes, 10 points under the English Language requirement, and 10 points under the maintenance requirement (as above) in order to qualify for the extension.


How does one qualify for Tier 2? (Work Permit earlier)
Tier 2 (Skilled Workers) has four categories:

• General - for persons coming to the UK with a job offer that cannot be filled by a resident worker, as well as for applicants coming to the UK to fill a shortage occupation.
• Intra Company Transfers - for employees of multi-national companies who are being transferred to a skilled job in a UK branch of the organisation.
• Sportsperson - for elite sportspersons and coaches whose employment will make a significant contribution to sport at the highest level.
• Ministers of religion - for persons coming to fill a vacancy as a Minister of Religion, Missionary or member of a religious order.

An applicant wanting to come to work in the UK under this tier will need to have obtained a Certificate of Sponsorship and show that he/she has at least 70 points to qualify under the criteria for this scheme – see tables below.
The points will include points related to the Certificate of Sponsorship, which will be issued to them by the prospective UK employer to fill a qualifying job. Two control tests are included as well, namely;

• A maintenance requirement, which is £800 for initial out-of-country applications, including 2/3 of this amount for each dependent they intend to bring with them. (pass mark is 10 points)
• English language ability. (Min 10 points). If an applicant is applying for permission to enter UK under Tier 2 (Intra Company Transfer) or extending their stay under this category, English language requirement is not required, if their extension does not take the length of stay to more than 3 years.

Qualifications

• A PhD qualification = 15 points
• A Master’s Degree = 10 points
• A Bachelor’s Degree = 10 points
• An NVQ level 3 qualification = 5 points

Prospective Earnings

• In Excess of £24,000+ = 20 Points
• £22,000 - £23,999 =15 points
• £20,000 - £21.999 = 10 points
• £17,000 - £19,999 = 5 points

Non-shortage positions are inherently worth 30 points, shortage positions will automatically receive 50 points. Candidates applying for an Intra Company Transfer (ICT) will also receive 50 points.
Having obtained this Certificate of Sponsorship, applicants will then apply for entry clearance from the British High commission or Consulate in their home countries.

Some Rules and Restrictions on a Holder of a Tier 2 permit:

• You must have no recourse to public funds.
• You may not own more than 10% of the sponsor's shares, if the sponsor is a limited company.
• You are not allowed to take up any additional employment except working for the sponsor in the employment that the certificate of sponsorship specify. You are also allowed to take up supplementary employment and voluntary work. However, strict rules apply in this regard.
• You can apply for dependants to join you in the UK. Your dependants will be able to work without restriction in the UK.
• You are allowed to change employment within the organisation or with a new organisation, but this will call for a new application under Tier 2.

Does this visa lead to indefinite leave to remain?
Yes, at the end of successful completion of a five-year period on a Tier 2 permit, you will qualify to apply for indefinite leave to remain.
Visa FAQs: http://www.visa4uk.fco.gov.uk/FAQ.aspx

Business & special visitors:

You can come to the UK as an entertainer visitor for a maximum of six months.

How do I know if I am an entertainer visitor?

You will be an entertainer visitor, if during the course of your short visit, you intend to:

• take part as a professional in one or more music competitions; or
• fulfil one or more specific engagements as an individual amateur entertainer or as part of an amateur group; or
• take part, as either an amateur or a professional, in a cultural event that is included in the list of specific permit-free festivals - you can find this list under ?Internet links? on the right side of this page; or
• be a member of a visiting entertainer's support staff or an official attending the same event as the visiting entertainer; or
• take part in broadcasts or public appearances, provided you are not being paid; or
• do an audition, provided this is not performed in front of an audience.

You will need to be able to show that you:

• want to visit the UK for a maximum of six months;
• plan to leave the UK at the end of your visit;
• have enough money to support and accommodate yourself without working or help from public funds, or will be supported and accommodated by relatives or friends;
• do not intend to charge members of the public for services provided or goods received;
• do not intend to study;
• can meet the cost of the return or onward journey; and
• intend to take part in particular events, including charity events, and will not be paid other than cash prizes or for board and lodging expenses.

How to come to the UK as an entertainer visitor

You will need to apply for permission to come to the UK (known as a 'visa' or 'entry clearance') as an entertainer visitor if you are a visa national. See our Visa services section for more information.

If you are a non-visa national, you do not need to obtain permission before you come here as an entertainer visitor.

Multiple entry visas for entertainer visitors are available for six months and for one, two, five and 10 years. Our Visa services section contains more information.

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Can I extend my stay as an entertainer visitor?

The maximum time that you can spend in the UK at any one time as an entertainer visitor is six months. When you arrive in the UK, the length of your permitted visit will be stamped in your passport. If you are given permission to come here (known as 'leave to enter') for three months when you arrive, you may apply for an extension - but your visit must not last for more than six months in total.

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Can I switch into another category while I am in the UK as an entertainer visitor?

You are not allowed to switch into any immigration category other than that for which we gave you permission to stay.

This is unless you have a certificate of sponsorship under the 'creative and sporting category' of Tier 5, which was given to you before you came to the UK. If you do, you can apply to switch into this category to do this prearranged work without leaving the UK.

While you are in the UK as an entertainer visitor, you can also carry out the activities of a business visitor or sports visitor.

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Can my dependants come to the UK?

If you are coming to the UK as an entertainer visitor, your dependants can also come for up to six months. A dependant is a wife, husband, civil partner, same-sex partner or unmarried partner, or a child under the age of 18 years.

Your dependants may need permission to enter before they come. Our Visa services section contains more information on how they should apply to come.

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Can I appeal if I am refused permission to enter as an entertainer visitor?

If we refuse your application, the entry clearance officer or immigration officer will tell you in writing why you have been refused. If you have full rights of appeal, you will be told who you should contact.

If you travel to the UK without permission to enter and are refused permission to enter, we recommend that you apply for permission to enter before you try to travel to the UK again.

Permanent Residency or UK Citizenship

There are already discussions within the UK government to completely stop the permanent residency for immigrants who enter the UK for work and stay for 5- 6 years. 2011 may be the last year to be able to do so.

Indefinite leave to remain or ILR is the expression confirming the fact that there is no limit to the leave period you can stay in the UK. This is also often referred to as permanent residence. This status is granted to a person on the basis that they are settled in the UK.

If a holder of indefinite leave to remain spends a continuous period of two years or more outside of the UK, at any time, it will then be deemed that the person is no longer settled in the UK and the status of indefinite leave to remain could be withdrawn from them.

Indefinite leave to remain can be achieved in a number of ways. We list only some of these circumstances, as there are various ways by which this status can be obtained:

• On the basis of successfully completing the five-year ancestry visa.
• On the basis of successfully completing the two-year marriage visa to a UK citizen or four year period of marriage to a EU-national.
• On the basis of successfully completing a five year work permit.

After obtaining indefinite leave to remain you can qualify to apply for British citizenship. To qualify you normally need to have lived in the UK for six years. However the spouse of a British citizen may qualify for citizenship after three years. If successful in this application a person will have the same rights as a person born as a British citizen.
Please note that as of November 1, 2005, you also have to pass the UK government's new Life in the UK test before you can apply for citizenship.

Naturalisation after six years in the UK

If you are not married to a British Citizen you will need to meet the following requirements to apply for naturalisation:

• You must be aged 18 or over and are not of unsound mind.
• You must be of good character.
• You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped.
• You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.

If you are not married to an UK Citizen you will need to meet the following residence requirements over the last six years.

• You must have been living in the UK exactly six years before the date the application reaches the Home Office; and
• During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months); and
• During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and
• During the last 12 months of the six-year period your stay in the United Kingdom you must have held permanent residence/ indefinite leave to remain (ILR); and
• You must not have been living in the United Kingdom in breach of the UK immigration rules at any time during the six-year period ending with the date that the application is received by the Home Office.

The processing times for naturalization applications is currently about six to seven months.

Naturalisation after three years in the UK as a spouse of an UK Citizen

The requirements for naturalization as a spouse of a British citizen are very similar to those mentioned above. The main difference is that there is a shorter residency requirement of three years in the UK as opposed to six years. The three years of the residency requirement are counted from the date your naturalization application is received by the Home Office.
Further details on residency requirements are as follows:

• You must have been living in the United Kingdom at the beginning of the three- year period; and
• On the date that your application is received in the Home Office, you must have permanent residence/ ILR in the UK; and
• During the three-year period you must not have been outside the UK for more than 270 days (approximately 9 months); and
• During the last 12 months of the three-year period you must not have been outside the UK for more than 90 days; and
• You must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.

UK Work Visa, Study Visa

Working or Studying in the UK - Visa requirements

What you will need to work in the UK

Each year more than 50,000 people from destinations like Australia, South Africa, Canada and New Zealand, India make the decision to spend some time living and working in the UK. Spending time in a totally different environment is an awesome way to experience new things, gain work experience, embrace new cultures and broaden your horizons.

How Do I Get There?
If you are one of the lucky few who already have a European Union passport this article is not for you. Travellers with EU passports can work not only in the UK but anywhere in the European Union. If you don’t have an EU passport keep reading.

A large selection of Immigration Visas, Residency and work permits are on offer in the UK to enable to make your dream of living and working in the UK a reality. Some of these options can even eventually lead to permanent residency, British Citizenship and a UK Passport.

Types of Visas: (PBS : Point Based System)
The Points Based System or PBS focuses the structure of UK immigration services into a five-tier immigration model. The tier visa system is designed to cover all non-EEA nationals immigrating to the UK except those entering through a family based visa application.

Tier 1
Categories: General (HSMP) , Entrepreneurs, Investors, Post-Study Work.

Tier 2 (replaces the previous system of Work Permits as part of the new UK visa structure)

Tier 4 Applies to Students, wishing to study in UK universities and other educational institutes.

Tier 5 is designed to allow temporary workers and 18-30 year olds in the Youth Mobility Scheme to undertake short-term, temp work to satisfy essentially non-financial objectives.


Tier 4 Student Visas:

From March 2009 adults wishing to study in the UK must apply for a Tier 4 Student Visa.

The tier 4 Student Visa replaces the current UK Study Visa and allows an adult student to study in the UK with a licensed sponsor on the Tier 4 register of sponsors and embark upon a course of study.

See the approved list of Tier 4 registered sponsors.

Benefits
The Tier 4 Student Visa service offers overseas students the opportunity to gain recognised qualifications from reputable and government approved universities and colleges in the UK.

Study Abroad at a UK educational institution and you will be embarking on a life-long journey, where the skills and experience you learn in the UK are recognised the world over in industries such as commerce, science, technology and government.

The tier 4 Student Visa does not constitute a route to settlement or indefinite leave to remain, however, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon successful completion of your course.

If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa.

However, the benefit of studying in the UK under a visa for students is that you will also be permitted to undertake limited employment and extend your visa if your course of study lasts longer than 4 years.

Duration
Tier 4 student visas are granted for the period of your course.

If you are studying at degree level or above, you can stay for the full duration of your course, up to four years.

If your course is longer than four years, you can apply for a UK Visa Extension to finish your course.

If you are studying below degree, your Student Visa will allow you to stay for up to three years.

One route for staying in the UK beyond a course of study, is through switching to a Tier 2 Work Permit. You will require a specific offer of employment from a British company.

Eligibility

The new student route under the points based system introduces five key changes to the current system. Adult students applying to study abroad in the UK must:

• Have a proven track record in studying before coming to the UK.
• Have recognised qualifications equivalent to National Qualification Framework (NQF) in the UK education system.
• Produce evidence of sufficient funds to pass a maintenance test.
• Produce documents used to obtain an offer from the university or college sponsoring, such as qualification certificates.

To be able to travel to the United Kingdom as a general student after the end of March 2009, adult students must pass a points-based assessment and score 40 points.

Visa letter from education provider = 30 points.

Maintenance fees to cover course fees and living expenses = 10 points.

What is a visa letter?

It is an offer letter from your education provider who is your immigration sponsor, including information about you, your sponsor, the course, and your finances.

What is a licensed sponsor?

The licensed sponsor is the university or college you have chosen to enrol with.

Global Visas have extensive partnerships with many schools, colleges and universities on the tier 4 register of sponsors. Find the tier 4 licensed sponsor list here.

Can I work?

Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following:

• Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
• Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
• Work full-time in a permanent job.

Depending on what you have studied, if you want to stay on in the United Kingdom once you have successfully got your qualification, you may be eligible to switch to the Tier 1 - Post-Study Work visa.

Spouse and Dependent Immigration
Spouse immigration is only permitted for married partners and unlike a Fiance visa or UK De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.

Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.

Scholarships and Funding:

Studying in the UK might cost less than you think, especially when you think of the real value a UK qualification provides. Visit our Education UK website to search for scholarships and find information on fees for all types of courses and how much studying in the UK is likely to cost.

The scholarships cover funding for full-time study leading to a degree at undergraduate or Master’s level (or equivalent in further education) in England, Scotland, Wales and Northern Ireland.

They also give funding for accredited study periods of up to one year’s length at recognised higher education institutions for students whose college or university has an exchange agreement with a partner institution in the UK.

Scholarships – starting for the academic year 2007–08 – include funding for tuition fees, accommodation, travel expenses to and from country of residence and living expenses in the United Kingdom.

Student loan or Study loan:

There are a host of loan options available for that coveted degree from a UK university. This depends on the university admission offer that you have, course you have selected, your work expereince if any and your financial status.

Sources of funding:

The British Council and UKCISA – the Council for International Education – have collaborated to produce a free booklet for international students on how to find sources of funding for UK study. Download or view this booklet here: Sources of Funding for International students

UK course fees vary depending on what you are going to study and for how long.

UK Dependant Visa

If you are working in UK and want to get your spouse to the UK, you can apply for a dependant visa, given you satisfy the criterian laid out by the UK Home office.

It is best to apply for the dependant's visa when applying for the work visa in your home country, as you only need proof of marriage. Also, reducing the risk of refusal due to insufficient documents when applying separately.

Here is a comprehensive list of Documents you would need for a sucessful application, when applying separately. ( when the sponsor is in UK.)


A) Sponsor's Documents: ( Holder of Work authorisation / Work Permit or PBS)
1) 6 months Bank statements
2) 6 months pay slips
3) Address proof: Electric Bill/Water Bill or Council Tax notice. (Mobile bills is not accepted as proof of residence.)
4) Rental Agreement (showing sufficient accommodation available for the dependant(s).) Please see the over crowding policy laid out by the home office.
5) Rent receipts / Derict Debits showing rent payments.
5) Sponsor's passport copy ( Visa page and stamping page)
6) Sponsor's Work permit
7) NI number letter
8) Employer's letter for employement proof

B) Dependant's Documents / Spouse Visa Document:
14) Passport photo copy (all pages)
15) Proof of address ( ration card, Electric bill / Telephone bill)
16) Marriage proof ( usually Marriage certificate)
17) Birth Certificate (in case dependant is a minor)

Dependant's are, usually issued visa for the same period as the Sponsor's work visa. Dependant's are free to work or take up a job in the UK ( as per the governing policies of Home office.)

Situation One or more child staying in home country with a legal guardian.

In a situation where you may have more than 1 child and may have travelled to UK with spouse and one child and you may want to get the second child also to join you in UK at a later date and time, you may easily do so.

You need not worry you can apply to the British High Commission for a dependant visa in the child's country of residence using the same documents as mentioned above and accompany her back to UK. The processing time usually is less than a week.


Medical Care:



Holder of work visa and their dependants are registered free at the local Health center, part of NHS (National Health Trust). Consulation with the Dr. (referred to as GP, General Physician). Medicines are free for dependant children below the age of 16 yrs.


Medicines need to be paid for, for Adults. Minor illness (Cough, cold, fever, indigestion small cut / bruise, headache etc.) medicines are available over the counter and do not need a written precription by the GP. Quite a few drugs are available only through a written precription by the GP and not available otherwise.

If the illness / injury can not be attended to by the local Health center they may refer your case to the nearest Hospital and you may receive a direct appointment from them to see / be treated by a Dr. in the hospital. Any inpatient expenses for authorised workers & dependants are free.

Maternity procedure is free for people who are registered with NHS and their dependants. NHS provides free Maternity deliveries and free medicines for both mother as well for an additional year from the time of the delivery. Apart from this the Health visitors & Midwife (may be referred to as Jr. Drs in other parts of the world), visit you at home (for 10-15 days) once you have been discharged from the hospital.


Hence you do not need a Medical Insurance to cover maternity expenses(even if the delivery is complicated and may involve an operation.). However, you can explore buying a Medical Insurance for some of the uncovered expenses by NHS like Dental, Optical checks etc. Some of the famous Medical Insurance names are BUPA, Norwich Union etc.

For more information you can visit Department of health

How do I qualify to join my fiancé, fiancée or proposed civil partner in the UK?

You must show that:

• you plan to marry or register a civil partnership within a reasonable time (usually six months)
• you plan to live together permanently after you are married or have registered a civil partnership
• you have met each other before
• there is somewhere for you and your dependants to live until you get married or register a civil partnership, and you will be able to live without help from public funds, and
• you and your dependants can be supported without working or claiming any help from public funds.

You will be allowed to stay in the UK for six months but without permission to work. When you are married or have registered a civil partnership, you can apply to the UK Border Agency for a two-year extension to your visa. When you do this you will be required to pay a non-refundable fee and provide certain documents as specified on the UK Border Agency website: Form FLR (M) and guidance notes.

If your application is granted you will be allowed to work. Before the end of your probationary two years Further Leave to Remain (FLR) you will need to apply to the UK Border Agency for Indefinite Leave to Remain (ILR) in the UK.


Can I join my unmarried or same-sex partner in the UK?
You can apply to join your unmarried or same-sex partner in the UK, as long as:

• they currently live and are settled in the UK, or they are coming to live permanently in the UK, and
• you and your sponsor are both aged 21 and over.

How do I qualify to join my unmarried or same-sex partner in the UK?
You and your unmarried or same-sex partner must show that:

• any previous marriage, civil partnership or similar relationship, has permanently broken down
• you have been living together in a relationship similar to marriage or civil partnership for two years or more
• you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
• you can support yourselves and any dependants without any help from public funds
• you intend to live together permanently
• your partner is not under 21, and
• you are not under 21.

The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

• documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and
• letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.

If you and your unmarried or same-sex partner have been living together outside the UK for four years or more and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see the relevant section of this guidance for more information).