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PBS Tier 1 HSMP, Entrepreneur, Investor, Graduates



The United Kingdom's Tier 1 visa immigration scheme is part of the new points based system for employment-based immigration. Tier 1 visas are for highly skilled migrants, entrepreneurs, investors, and foreign graduates of UK educational institutions. Tier 1 has replaced the old schemes that covered these immigration categories. Tier 1 is designed to attract top talent from outside the European Union who can contribute the most to the UK economy.

Migrants coming to the UK under Tier 1 visas do not need a job offer or a sponsor and are free to seek employment anywhere in the UK. A person must successfully score 75 points under the points based system to come to the UK under Tier 1. Migrants who are successfully granted leave in the UK under Tier 1 can stay for three years. After three years an individual can renew their Tier 1 visa.

Who Can Qualify

Tier 1 is meant for a variety of highly skilled individuals and is broken up into a number of sub-categories:

General Highly Skilled Migrants

The General Highly Skilled Migrants sub-category - also known as Tier 1 (General) - is for highly educated and highly skilled individuals who can score enough points based on their qualifications, previous earnings, age, and UK experience. As from 1st April 2009 the minimum requirements are a Masters degree and an annual salary of at least £20,000.

Entrepreneurs

Individuals who plan to invest in the UK by setting up or taking over a business, and being actively involved in running the business can come to the UK under the Entrepreneur sub-category of Tier 1. At least £200,000 of disposable capital held in a regulated financial institution is required. Foreign nationals who would like to start a business in the UK will find this Entrepreneur visa meets their needs.

Investors

Wealthy individuals who plan to make a substantial financial investment in the UK can come under the Investor sub-category of Tier 1. At least £1,000,000 of disposable funds is required. Investors are exempt from the English language requirement and the requirement to prove the ability to support themselves and any dependents.

Post-Study Work

The Post-Study Work sub-category is designed to retain the brightest foreign students who have studied in the UK under the old rules or the Tier 4 system. It is part of Tier 1 because successful applicants will be able to find work after graduation without having a sponsor.

However, it is only designed to be a bridge to highly skilled or skilled work, much like the previous International Graduates Scheme it replaced. Those with student visas in the UK under Post-Study Work are expected to switch into another part of the points system as soon as they are able to do so.

To encourage individuals to switch over, leave will only be granted under Post-Study Work for a maximum of 2 years and is not renewable. Time spent in the UK under Post-Study Work will not count towards permanent residence. Students must apply for the Post-Study Work sub-category within 12 months of receiving their qualification.

Tier 1 has replaced the following immigration categories: • The Highly Skilled Migrant Programme (HSMP) • Investors • Self-employed lawyers • Business persons • Writers, Composers and Artists • The International Graduates Scheme • Innovators • Fresh Talent: Working in Scotland Scheme



The Points Based System

In each category of Tier 1, points are earned according to three sets of criteria:

• Criteria specific to each category, such as age and past experience in regards to the General Highly Skilled Migrants sub-category. Migrants will need to score at least 75 points to pass.

• English language ability. Migrants will be required to score 10 points in an assessment of their English language competency.

• Ability for migrants to support themselves and any dependents. 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. Sufficient funds are judged against the latest standard of living figures. Proof of finances must NOT be more than one calendar month old on the date of application.

Applicants will be required to reach the pass mark for each of the criteria above in order to gain entry under Tier 1 and to remain in the UK when seeking renewal of their Tier 1 visa after three years.

Documentary evidence for a person’s ability to claim sufficient points will be required. Under the Immigration and Asylum Act of 2006 individuals applying from abroad will have no right of appeal when denied entry clearance so it is important to make sure this documentation is in order.

Renewal of Leave Under Tier 1

Subsequent 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.

After five years, a person may 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. Individuals must apply for the same sub-category under which they originally applied and score enough points again.

Entrepreneurs must show that an investment in business has been made and registration of the business was undertaken within three months of entry to the UK. They must be actively engaged in the business and have created a minimum of two full time job positions for at least 12 months.

Investors must show that £750,000 was invested within three months of entry to the UK and that the investment has been maintained throughout the period of leave to remain in the UK.

Dependents

People granted entry to the UK under Tier 1 will be able to bring their dependents provided they can support them during their stay. Dependents include children, spouses, civil partners, same sex partners, and unmarried partners.

Dependents of people in the highly skilled Tier 1 category will be able to work in the UK as well. However, they will not be able to switch into any points based system tier other than as a dependent of the main applicant.







Orchid of Siam
24, Digdens Rise,
Epsom, Surrey, KT18 7DL
England.
01372210361-2
orchidofsiam@hotmail.com


 
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