Tier 1 Visas

Call the London Office for a Tier 1 (General) consultation or an appointment.

Major changes to Tier 1 and Tier 2 Visas effective April 2010. Read here for more information.

Introduction

Tier 1 Visa Introduction

The United Kingdom's Tier 1 visa immigration scheme is part of the points based system for immigration to the UK. Tier 1 visas are for eligible highly skilled migrants, entrepreneurs, investors, and foreign graduates of UK educational institutions. The Tier 1 visa schemes replaced various similar immigration schemes as of early 2008. The Tier 1 Exceptional Talent visa is for a very small number of top people from outside the European Union; Very few people qualify under this visa category. The most popular Tier 1 visa category is the Tier 1 Post Study Work visa. However, Tier 1 PSW will end in April 2012.

Migrants coming to the UK under the Tier 1 Exceptional Talent visa do not need a job offer or a sponsor and are free to seek employment anywhere in the UK. You must score 75 points under a points based system to come to the UK under Tier 1.

Who Can Qualify

Tier 1 is broken up into a number of sub-categories:

Tier 1 Entrepreneurs – GBP200,000 investment

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 Ł200,000 of disposable capital held in a regulated financial institution is required. Foreign businessmen from outside the EU who would like to run their own business in the UK should seriously consider the UK Tier 1 Entrepreneur visa.

Tier 1 Investors – At least GBP1 Million available

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 Ł1,000,000 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 dependants. This sub-category is designed for very wealthy individuals who want to live in the UK.

Tier 1 - Post-Study Work – After completing your UK degree

The Tier 1 Post-Study Work sub-category is meant to allow foreign students who have studied in the UK (under the Tier 4 student visa system) to stay in the UK following graduation to look for work 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 visa category of the points system (whether Tier 1 or another Tier) 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 non-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.

You can also switch from a Post-Study Work Tier 1 visa to a Tier 2 visa without your employer needing to prove they cannot fill the job with someone from the residence labour market; This includes UK and EU citizens, and permanent residents. In order to apply for a Tier 2 visa you will need to have worked for your sponsor for a continuous period of at least six months immediately before the date of your application. Also, you must be applying to continue in the same job you are doing on the date of the application.

Tier 1 - Exceptional Talent

The Tier 1 (Exceptional Talent) Visa allows you entry to the UK if you are internationally recognised as a world leader in the arts and sciences or possess potential world-leading talent in the arts or sciences to live and work in the UK. Exceptionally Talented individuals must be sponsored by a "Designated Competent Body". There is a limit of 1,000 visas per year that can be issued under this scheme. If you can speak English well and are recognised internationally for your work, it may be worth considering the Tier 1 (Exceptional Talent) Visa. However, hardly anyone qualifies for this visa category.

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. 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, otherwise called Maintenance. Migrants 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.

Migrants 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 migrant's ability to claim sufficient points will be required. As per the Immigration and Asylum Act of 2006, migrants applying from abroad will have no right of appeal when denied entry, so it is important to make sure this documentation is in order.

Renewal of Leave Under Tier 1

Subsequent renewals of leave under the Investor, Entrepreneur, and Exceptional Talent sub-categories may possibly be granted for two years for eligible visa holders. 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, if they wish to remain in the UK, 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. Migrants 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. They must be actively engaged in the business and have created 2 full time job positions for at least 12 months.

Investors must show that Ł750,000 was invested within three months of entry and that the investment has been maintained throughout the period of leave.

Dependants

Migrants granted leave in the UK under Tier 1 will be able to bring their dependants provided they can support them during their stay. Dependants include children under 18 years of age, spouses, civil partners, same sex partners, and unmarried partners.

Previous immigration categories

The immigration categories below closed on 29 June 2008. If you currently have permission to stay in the UK in one of these categories and you want to extend your stay, you must apply under one of the Tier 1 categories listed above. If you have been in the UK for 5 years or more under one of these closed categories, you may be able to apply to settle permanently in the UK.

General Highly Skilled Migrants
The Highly Skilled Migrant Programme (HSMP)
Self-employed lawyers
Businesspersons
Writers, Composers and Artists
The International Graduates Scheme
Innovators
Fresh Talent: Working in Scotland Scheme