Tuesday 27 January 2009

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.

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.

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.

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.

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.

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