UK Immigration Tier System

Introduction

In 2008, the United Kingdom overhauled its immigration law and implemented a points based system for non-European Union migrants wishing to come to the UK to work, study, and train.

The new immigration system is broken into a five tiers that replaced the previous 80 or so routes that existed. Each tier has different conditions, entitlements, and entry requirements for migrants wishing to work in the UK.

Tier 1 was implemented in early 2008. Tier 1 is meant for highly skilled migrants, post-graduates, entrepreneurs, and investors.

Below is an overview of the points based tiered immigration system.

Five Tiers

The five tiers are outlined below. Click each Tier to get more information:

• Tier 1: For highly skilled migrants, entrepreneurs, investors, and graduate students. This replaced the previous Highly Skilled Migrant Programme (HSMP), the Entrepreneur and Investor schemes, and the International Graduates Scheme.
  
• Tier 2: This is for skilled workers who have a job offer. This tier encompasses the previous UK Work Permit rules.
• Tier 3: For a limited numbers of lower skilled workers to fill temporary shortages in the labour market.
• Tier 4: Students.
• Tier 5: For youth mobility and temporary workers, such as those who come under Working Holiday agreements with other countries.

Tiers 3 and 5 are temporary migration schemes and migrants who fall under these tiers are not be able to switch to a different tier from within the UK. The UK has also suspended Tier 3 in favour of migrants from the EU; however, this may change depending on labor market demands.

Tiers 1, 2, and 4 will be eligible to switch to another tier once they are in the UK if they can meet the requirements of that tier. Tiers 1 and 2 (excluding Intra-Company transfers under Tier 2) can potentially lead to settlement if the permanent residence requirements are met at the time of application.

Points Structure

Each tier requires an applicant to score a sufficient number of points to gain entry clearance or to extend his or her leave to remain in the United Kingdom. Points are awarded for various criteria specific to each tier. In all tiers, points are awarded for criteria which indicates that the individual is likely to comply with immigration requirements.

In Tiers 1 and 2, points are awarded for criteria such as age, previous salary or prospective salary, and qualifications; a system similar to the current Highly Skilled Migrant Programme (HSMP) which has proven very successful. To get an idea of how this system will work, please see our UK Tier 1 (General) Points Calculator.

Sponsorship

All migrants applying under Tiers 2-5 are required to have sponsorship from a licensed sponsor (an employer or educational institution). The certificate of sponsorship assures that the migrant is able to perform the particular job or course of study.

Highly skilled Tier 1 migrants do not require a job offer and thus do not require sponsorship.

Dependants

Dependants are allowed to come to the UK with the main applicant. However, they will not be allowed to work if they accompany a student under Tier 4 or a temporary worker under Tier 5 if -- in both cases -- the individual has been given less than 12 months leave to remain in the UK.