ICS Legal UK Visa and Immigration Advice

Eligibility for a Tier 1 UK Visas

The highly skilled migrant (otherwise known as tier 1 general) requires the migrant to score 75 points on the main categories and must score 10 points for English language requirements and 10 points for maintenance funds. The Immigration Rules Hc395, enabled by the Immigration Act 1971 requires the migrant to meet the requirements under paragraphs 245G of part 6A, and Appendix A, B and C.

The migrant must meet the published guidelines in terms of the documents required supplied. The details below show the summary of where points need to be scored:

1. 75 points for your attributes (age, qualifications, previous earnings, and experience in the United Kingdom); and

2. 10 points for English language; and

3. 10 points for available maintenance (funds).

Please note that the UK Home Office website has an online point calculator system, however this does not guarantee that your application would be successful. The assessment is based on the documents supplied and whether they are valid documents. By not supplying the required document would not score you any points on the attribute concerned.

If you do not score a minimum of 75 points for your attributes and 10 points for English language and 10 points for available maintenance (funds), your application will be refused.
On contrast, the points differ whether you are making an initial application or you are extending your current stay. The points scoring system also differ if you are currently on the Highly Skilled Migrant Programme. Please read our section on the transitional arrangements if you have a HSMP approval letter.

Switching from in country to the Tier 1 General is restricted and this is specified on the Immigration Rules HC395. There are some categories which would not allow you to move into the Tier 1 General.

Initial application for a Tier 1 UK Visas

When making an initial application under the highly skilled migrant, it is important that you obtain correct immigration advice on this type of visa. The initial application is made when you are not in the category; however you want to switch into this category. The initial application also applies if you are outside the United Kingdom and wish to come to the UK on this category. Those under the Tier 1 General or under the Highly Skilled Migrant Programme, should read the section under extending.

You need to ensure that you score enough points and meet the criteria set out. ICS Legal can ensure the correct immigration advice is provided to ensure that you meet the criteria by providing the relevant documents. All supporting documents must be sent with your application and they must be all original unless there is a valid explanation. Home Office will not consider any evidence sent in after a decision has been made. However you may apply for a re-consideration should you have a right of appeal and depending on the decision.

If you are including dependants, then their applications should be sent at the same time as your own application, and they will be charged a lower fee. The immigration categories from which you can switch into the highly skilled worker category.

If you are in the United Kingdom and wish to stay as a highly skilled worker, you will need to be sure that you can switch into this category.

Switching into this category is allowed if you currently hold leave in the following categories:

 Highly Skilled Migrant Programme (HSMP);
 Fresh Talent: Working in Scotland;
 International Graduates Scheme (IGS);
 innovator;
 postgraduate doctor or dentist;
 student;
 student nurse;
 student re-sitting an exam;
 student writing up a thesis;
 work permit holder;
 business person;
 self-employed lawyer;
 writer,composer or artist;
 entrepreneur (tier 1);
 investor (tier 1);
 post-study worker (tier 1);
 a skilled worker (tier 2 General);
 an intra-company transferee (tier 2);
 a minister of religion (tier 2); or
 a sportsperson (tier 2);

Dependants applying under the Tier 1

The Tier 1 General allows you to bring your dependants to the United Kingdom if you have been successfully granted leave to enter/remain. The dependants must meet the requirements in the immigration rules at paragraph 319A-K of part 8, which outlines that are you are allowed to bring children under 18 years of age, or your husband, wife, civil partner, or unmarried or same-sex partner with you to the United Kingdom, as long as the Home Office give them entry clearance or permission to stay (known as 'leave to remain').

For each dependant, there is a requirement of a separate application form to be completed.
Conditions of stay for partners - If the application succeeds, the partner will be given entry clearance, or permission to stay, subject to the following conditions:

1. he/she must have no recourse to public funds, which means he/she will be unable to claim most benefits paid by the state;

2. he/she must register with the police, if paragraph 326 of the immigration rules requires him/her to do so;

3. as the spouse, civil partner, unmarried, or same-sex partner of a migrant given permission to stay under parts 3, 5 or 6 of the immigration rules; or

4. as the partner of a highly skilled worker (provided that permission was not subject to a condition prohibiting employment as a doctor in training).

Children of a Tier 1 General migrant must meet the conditions set out in the immigration rules at paragraph 319H of part 8. The above conditions also apply. Your dependants would be allowed to work in the United Kingdom.

Dependants may not switch into any category of the points-based system in their own right. If your dependants later want to be in the United Kingdom under the points-based system in their own right, they will have to leave the United Kingdom and apply for entry clearance (permission to enter the United Kingdom).

You can apply for permission to stay here as the dependant of someone who is already here in the highly skilled worker category (Tier 1 General) without having to leave the United Kingdom and apply for entry clearance (permission to come to the United Kingdom).

You can apply for permission to stay here as the dependant of a highly skilled worker without having to leave the United Kingdom and apply for entry clearance if your last grant of entry clearance or permission to stay here was as the partner or child of:

 an innovator;
 a participant in the Fresh Talent: Working in Scotland Scheme;
 a participant in the International Graduates Scheme (or the previous Science and Engineering Graduates Scheme);
 a postgraduate doctor or dentist,
 a student;
 a student nurse;
 a student re-sitting an examination;
 a student writing up a thesis; or
 a work permit holder.

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