Office Address

Global Immigration Solutions
Hiltongrove Business Centre
Hatherley Mews
London
E17 4QP
Telephone: 08707 602 641

FACT SHEETS

 

Tier 1

Tier 1 of the Points Based System has come into effect from 30 June 2008, as the government continues to make major changes in the Immigration Rules. Tier 1 is made up of four sub-categories, and replaces various previous employment categories.

Qualifying under Tier 1

  • Applicants must achieve 75 points based on various ‘attributes’ which vary according to the sub-category of the tier under which the application is made.
  • Applicants need to score a mandatory 10 points for English language proficiency.
  • Applicants need to score a mandatory 10 points by providing evidence that they have a certain level of funds available to them.
  • If the minimum number of ‘attribute’ points and the mandatory language and funds points are not attained, the application will not be granted.

 

Applying under Tier 1

All applications under Tier 1 must be made on the appropriate form and be backed up by the required documentation.  Applications abroad are made to the British consulate in the country of habitual residence, and applications in the UK are made by post.  It is not possible to submit applications in person to the Home Office.

All decision making is single-staged, and applicants only have to submit one application form, rather than the previous two-staged process for the HSMP.

 

Appeals and administrative reviews

It is intended that there will be no right to appeal before an Immigration Judge against the refusal of an application, but at present the right of appeal continues to exist for applications lodged from within the UK (if the application has current leave in a category from which it is possible to ‘switch’ to Tier 1).

For applications for entry clearance made from abroad there is no right of appeal, only a right to an administrative review which must be requested within 28 days of the date of the refusal.  No additional documents can be submitted with the request for a review.

 

If you are already in the UK – ‘switching’ or extending leave

You can only apply for permission to remain in the UK under Tier 1 (any of the sub-categories) if you have current leave to be here in one of the following categories:

  • Highly Skilled Migrant
  • Innovator
  • Fresh Talent: Working in Scotland
  • International Graduate Scheme or Science and Engineering Graduate Scheme
  • Postgraduate Doctor or Dentist
  • Student, student nurse, re-sitting an examination, writing up a thesis
  • Work permit holder
  • Businessperson
  • Self-employed lawyer
  • Writer, composer or artist
  • Any Tier 1 sub-category

If you are in the UK under any other category you will not be able to apply to remain as a Tier 1 migrant, but will have to return to your own country and make an entry clearance application.

 

Transitional arrangements

There are some transitional arrangements in place for people who have been granted leave under any of the previous categories of the Immigration Rules which have now been removed.

 

Tier 1 (General)

  • Based on the Highly Skilled Migrant Programme
  • No job offer required to apply
  • Eligible for settlement after 5 years

 

Tier 1 (Entrepreneur)

  • Based on the Businessman category
  • Must have at least £200,000 to invest and must create two full-time jobs for persons who are settled in the UK
  • Eligible for settlement after 5 years

 

Tier 1 (Investor)

  • Based on the Investor category
  • Must have personal assets of £1 million
  • Eligible for settlement after 5 years

 

Tier 1 (Post-study work)

  • Replaces the International Graduate Scheme, the Science and Engineering Graduate Scheme and the Fresh Talent: Working in Scotland scheme
  • Leave granted for 2 years, no provision to extend beyond that