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Tier 1 (Highly skilled workers, entrepreneurs, investors and graduates)

Statement of Changes to the Immigration Rules HC 1888 builds upon the extensive changes to Tier 1 which were brought in from 6 April 2011 by HC 863. The new changes will become effective from 6 April 2012 and the descriptions of Tier 1's subcategories set out below reflect the state of the Tier 1 regime since that date.

Tier 1 (General)

This immigration route replaced the Highly Skilled Migrant Programme in 2008 for highly skilled migrants. Until 23 December 2010 it was open to people to apply for entry clearance to come to the UK as a Tier 1 (General) migrant. Thereafter it was closed to overseas applicants, and as indicated above applications from those within the UK are restricted to a dwindling class of people. No new applications have been possible since April of 2011.

To qualify for leave to remain applicants require 80 points for a combination of attributes - made up of their qualifications, age and previous earnings. Details of how these points are scored are set out in Appendix A of the Immigration Rules. A reduction to 75 points applies for people who had previously been granted leave to remain under the HSMP or under two other now deleted immigration categories.

The age criterion operates to award more points to younger applicants and less to older applicants.

Applicants also need to have 10 points for English language. These points are awarded by reference to the criteria listed in Appendix B of the Immigration Rules which are (alternatively):

• production of an English language test certificate from a provider approved by the Secretary of State,
• production of an academic certificate deemed by the National Recognition Information Centre for the United Kingdom (UK NARIC) to meet or exceed the recognised standard of a UK Bachelors' or Masters' Degree or a PhD, or
• being a national of one of a list of countries whose first language is English, or by having obtained an academic qualification to the necessary level from one of those countries.

Lastly applicants require 10 points under Appendix C which is concerned with the applicants' ability to maintain themselves.

If successful, applicants for leave to remain under the Tier 1 (General) subcategory will be granted leave to remain in the UK for two years if their previous grant of leave to remain was under Immigration Rules in place before 6 April 2010 or for three years if their previous grant of leave was after this date. They will have free access to the UK labour market, with one exception - which is that they are not allowed to take employment as a doctor in training. At the end of this period they can apply for further leave to remain in the same category or in any other Tier or subcategory of the points based system. If successful they will be granted leave to remain for up to a total of five years.

Following completion of a total of five years' leave to remain applicants can apply for settlement in the UK - in the form of indefinite leave to remain as a Tier 1 (General) Migrant. They must meet the additional requirement at this stage of satisfying the Secretary of State that they have sufficient knowledge of the English language and of life in the UK. If successful they can then apply after 12 months for UK nationality.

Tier 1 (Exceptional Talent)

This route, which has existed since April of 2011, is for "those who are internationally recognised as world leaders or potential world-leading talent in the fields of science and the arts and who wish to work in the UK” to be granted entry clearance or leave to remain in the UK. To succeed applicants must be economically active in their chosen field, and this must be certified by a "Designated Competent Body”. There is a limit on applications of 1000 for the years to April of 2012 and from April 2013 to April 2014. The bulk of these limited visas will be issued to those active in science.

Applicants do not have to meet any maintenance requirement, nor when they are applying for entry clearance do they have to show any proficiency in the English language. Applicants for leave to remain must however show an ability in English to the standard prescribed in the Immigration Rules.

Entry is granted for an initial period of 3 years,and leave to remain for a period of 2 years.

 

Tier 1 (Entrepreneur)

This subcategory of Tier 1 is for business investors seeking to establish, take over or be actively involved in the running of a business. As they did under the old business Immigration Rules, applicants must have at least £200,000 to invest in a new or existing UK company, although the Prospective Entrepreneur visitor Immigration Rule (introduced in April of 2011) enables people to come to the UK if they have substantially less than this but have arranged financial backing for a business project with UK-based interests. Prospective Entrepreneurs are entitled to apply to "switch” into the Tier 1 (Entrepreneur) category after they reach the UK.

The £200,000 provides the necessary 75 points required by Appendix A of the Immigration Rules for entry clearance as a Tier 1 (Entrepreneur), and the migrant will initially be granted leave to enter for three years.

The requirements under Appendices B and C (English language and Maintenance) for Tier 1 (Entrepreneur) migrants are identical to those for Tier 1 (General) Migrants.

By the time their leave expires applicants in this subcategory will have to show that their activities have created at least two new full time jobs for UK employees. Meeting these requirements will gain applicants the necessary points needed for further leave to remain, which will be for two years.

Those with leave to enter or remain as Tier 1 (Entrepreneur) migrants are not allowed to work outside the business or businesses they have set up, taken over or joined and are not allowed to claim public funds.

The number of years for which a Tier 1 (Entrepreneur) must remain in the UK - under the newly relaxed conditions brought in since April of 2011 - in order to become eligible for indefinite leave to remain can be as low as three, if the business has created at least ten new jobs in the UK, or can show an income from its activity of at least £5 million.

Otherwise, Tier 1 (Entrepreneur) migrants can apply for indefinite leave to remain after five years. They must meet the additional requirement at this stage of satisfying the Secretary of State that they have sufficient knowledge of the English language and of life in the UK. If successful they can apply for UK nationality after they have had indefinite leave to remain for 12 months.

Tier 1 (Investor)

Tier 1 (Investor) migrants are high net worth individuals, who are capable of making a substantial financial investment in the UK. Again the requirements are very similar to those which were stipulated under the previous Investor route.

To qualify for entry clearance applicants must have net assets of at least £1 million. This will gain them the necessary points under Appendix A of the Immigration Rules. They are not required to meet any English language requirement (Appendix B) nor do they need to satisfy any requirement as to maintenance (Appendix C).

After their entry to the UK Tier 1 (Investor) Migrants need to invest at least £750,000 in the UK. This money needs to be invested in UK government bonds, share or loan capital in active and trading UK-registered companies - but not in those principally engaged in property investment. Appendix A of the Immigration Rules provides details of how an applicant's assets can be taken into account to prove entitlement for entry clearance and how the necessary investment is to be made and maintained.

It is a crucial feature of the Tier 1 (Investor) subcategory that the investment of at least £750,000 must be made within three months of a successful applicant's arrival in the UK. Failure to do so will not only jeopardise the applicant's application for further leave to remain - it also entitles the UKBA to curtail leave to enter granted in this subcategory.

In contrast to their predecessors - Investors - Tier 1 (Investor) migrants are entitled to work if they wish to do so but not as a doctor in training.

Leave to enter the UK is granted for an initial period of three years, and further leave to remain - upon satisfaction of the requirements which are outlined above - for a period of two years.

As with other Tier 1 migrants, those with leave to remain in this subcategory can apply for indefinite leave to remain. They can do so as a Tier 1 (Investor) migrant after completing the number of years of continuous residence in the UK which is commensurate with the level of their investment. For example, those who invest as much as £10 million can apply for indefinite leave to remain after just two years.

Although they are not required to do so at any earlier stage of their route to settlement - Tier 1 (Investor) migrants must then meet the additional requirement of satisfying the Secretary of State that they have sufficient knowledge of the English language and of life in the UK.

Tier 1 (Post-Study Work)

This category, which permitted International graduates who have studied in the UK (under Tier 4) can apply for entry clearance or for leave to remain as Tier 1 (Post-Study Work) migrants has been closed to new applicants since 6 April 2012.

The Immigration Rules which used to comprise Tier 1 (Post-Study Work) have been replaced by the new Tier 1 (Graduate Entrepreneur) Route.

It is however open to people who have leave to remain to apply to stay in the UK as as Tier 1 (Entrepreneur) Migrants or as Tier 2 (General) Migrants. In common with the new Tier 1 (Graduate Entrepreneur) Route, Tier 1 (Post-Study) Work Migrants who are switching into leave to remain as a Tier 1 (Entrepreneur) Migrant need only show that they have £50,000 (and not £200,000) to invest in a business.

Tier 1 (Graduate Entrepreneur)

This new (implemented on 6 April 2012) sub category of Tier 1 is for graduates who have been identified by Higher Education Institutions (HEIs) as having developed world class innovative ideas or entrepreneurial skills, to extend their stay in the UK after graduation to develop their business. Previously such graduates may have used Tier 1 (Post-Study Work) for this purpose. This new category will operate as follows: • The scheme will be open to all HEIs which are Highly Trusted Sponsors, but HEIs will only be able to "endorse” a total of 1000 graduates for each of the first two years following the introduction of this category.

 

Leave to remain (it is not possible to apply for entry clearance as a Tier 1 (Graduate Entrepreneur) will be granted for a period of one year.Following this initial year of leave Tier 1 Graduate Entrepreneurs will be able to apply for one further year’s leave to remain, subject to their being endorsed again by their HEI, but before the end of this second period they must either successfully apply for leave to remain as a Tier 1 (Entrepreneur) Migrant or leave the UK.

The requirements to be met by a Tier 1 Graduate Entrepreneur switching to leave to remain as a Tier 1 (Entrepreneur) Migrant are relaxed.They will only have to show that they have £50,000, as compared with £200,000 to invest.

 

 

Family members of Tier 1 migrants

The family members of migrants in all of the subcategories of Tier 1 can apply to join their spouse, civil partner, unmarried or same sex partner or parent (if the applicant is a child under the age of 18) in the UK. They can also apply for settlement in the UK at the same time as the Tier 1 migrant to whom they are related - but if they are related otherwise than as his or her children they must have lived with the Tier 1 migrant in the UK for at least two years. If they do not meet this requirement they can apply for a further period of limited leave to remain of up to two years, after which they can apply for settlement.