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Special Edition Immigration Newsletter - UK Tier 1 Begins

On 29 February 2008, the United Kingdom published numerous updates to the new rules for its points-based Tier system. Many details not included in the 'Statement of Intent' for HSMP, released by the government in December 2007, now reveal how applications for Tier 1 visas for General Highly Skilled Migrants will be evaluated.

People already in Britain under an HSMP visa must renew their leave to remain under Tier 1, or switch to another visa. It is also possible for people who are currently legal residents of the UK to switch into Tier 1, if they can qualify.

March is the final month during which HSMP applications from people living in India will be accepted. On 01 April 2008, only applications for Tier 1 will be accepted from this region.

workpermit.com has developed on-line points calculators and assessment forms so that people may evaluate if they qualify for an extension or for switching under the new rules. While it is possible for people to still get a new HSMP visa, that opportunity will only be available for a short time.

Several key criteria have now changed, making the Tier 1 visa more difficult to obtain for most people. If someone is not certain that they can qualify under Tier 1, it may be an excellent strategy to obtain an HSMP visa immediately, while the opportunity remains open.

Three fundamental changes now increase the difficulty of qualifying as a highly skilled immigrant coming into the United Kingdom. There are also several minor changes that people should pay close attention to.

There is now a Maintenance requirement. A person must keep a minimum balance of 800 Great British Pounds in their bank account for at least the three months prior to making a Tier 1 application. This applies to both an initial application and any applications for extension.

An applicant's Previous Earnings are assessed based on any consecutive 12 month period within the previous 15 months to an application. There are exceptions to this rule for applicants who missed work due to maternity or adoption-related activities during this period, as well as some student activities.

Evidence showing this information can take the form of bank statements and must be original, on the official letter-headed paper or stationary of the organization, and bearing the official stamp of that organization. Proof may also be in the form of an official letter from the bank.

The applicant's name, account number, date, financial institution's name and logo, and the funds currently in the applicant's account must be clear. That 800 GBP have been in the bank for at least 3 months and that the balance has never gone below 800 pounds must be shown. This information must be explicitly stated in the letter from the bank, if that option is used.

The English language requirements are now changed. In addition to the 75 points applicants must score, 10 additional points must be earned for English language ability, or the applicant must qualify to have the English language requirement waived. Applications for an extension do not need to meet further English language requirements, so long as it is under the HSMP rules that came into effect on 05 December, 2006.

For initial applicants, an acceptable English language test must be passed with a minimum score of at least the equivalent of C1 of the Council of Europe's Common European Framework for Language Learning. This is approximately equivalent to the IELTS band 6.5.

To have the requirement waived, the applicant needs to be a citizen from 'a majority English-speaking country,' a listing of which is provided by the UK government. Rather oddly, Canada is not included on the listing.

The other possibility for an applicant to be exempt from this requirement is if they have obtained a professional qualification taught in English. The qualification must be at least the equivalent of a UK Bachelor's, Master's, or PhD degree.

Again, the UK government maintains a listing of select countries from which an applicant must have obtained their university degree. This may be verified by using the National Academic Recognition Information Centre (NARIC) database of acceptable universities.

As reported previously, points gained using the MBA provision under HSMP are no longer available under Tier 1.

Among several other smaller but important changes, points calculations based upon salary band by country and region are now slightly different. Also, the forms are much longer and complex now.

For new applicants and those who are switching into Tier 1 for General Highly Skilled Migrants, leave to remain will be granted for three years. For HSMP holders who obtain an extension under the Tier 1 (General) Migrant visa, leave to remain will be granted for three years.

Starting on April 1st, 2008, the HSMP scheme will end for applicants based in India, who will then be required to apply as a General Highly Skilled Migrant under the new Tier 1 rules. The same will follow for the rest of the world sometime in the summer of 2008.

Remember, workpermit.com is providing a comprehensive and easy-to-use points calculator to assist people in assessing their chances.

We will be regularly updating our website to reflect these and further changes as the information becomes available.

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