Overview

The Tier 1 (General) scheme replaced the HSMP on the 29th February 2008 meaning that any new application or extension of stay as a highly skilled person would be under the Tier 1 criteria. The Tier 1 scheme was subsequently amended on 31st March 2009 and again on 6th April 2010. Due to these changes and the judicial review regarding the HSMP forum, the extension criteria varies depending on when you made your initial application. 

Applicants looking to extend their stay will fall into one of the following 3 categories:

• Applications initially made under HSMP before 7th November 2006
• Applications initially made under HSMP
• Applications initially made under Tier 1 prior to 6th April 2010

 

Please see the appropriate section for details on the eligibility criteria for an extension.

 

Initial HSMP Applications Made Before 7th November 2006

The Home Office have now confirmed the process for migrants covered under the HSMP Forum judicial review judgment of the 8 April 2008. Migrants looking to extend their stay in the UK under Tier 1will be able to apply under the same provisions that were in place at the time of their initial application. This means that applicants will only need to be economically active and must be able to show they can support themselves for the continuation of their stay. Applicants will not be assessed under the points criteria.

First Migration offers specially discounted rates for applications covered under the HSMP Forum judicial review.

If you would like further details on your eligibility, our fees or our service, please call one of our consultants on 0203 178 2048.

 

Initial HSMP Applications Made After 5th December 2006

The Tier 1 (General) extension application is a points based assessment very similar to the initial application process. Once again consideration will be given to applicant's age, education, past earnings and UK experience, as well as there available maintenance funds. Please note it is not necessary to satisfy the English language requirement for extension applications.

For those who qualify for an extension, a 3 year extension will be granted (depending on the initial visa grant; the extension will be sufficient to take the applicant through to the 5 years needed for permanent residence (ILR)).

Please see below for details on the eligibility criteria.

 

Eligibility (Applications made after 5th December 2006)

The minimum requirement to qualify for an extension is 75 points. In addition, you must also score a bonus10 points for the maintenance requirement to meet the acceptance criteria. Over the four point scoring categories, a maximum of 120 points can be obtained.

Age (Maximum 20 points)

Up to a maximum of 20 points can be awarded, based on your age.

Aged 29 and below	20 points
Aged 30 and 31	10 points
Aged 32 and 33	05 points

Education (Maximum 50 points)

 

Points are awarded based on the equivalency of your highest academic qualification or equivalent professional qualifications:

Bachelor Degree	30 points
Masters Degree	35 points
PhD	50 points

 

The UK Government will be assessing the qualification you have obtained from your home country against the UK NARIC database to ensure it is considered equivalent to a UK qualification. Contact one of our consultants today on 0203 178 2048 to ensure that your qualification will be eligible for the correct number of points stated above. 

Past Earnings (Maximum 45 points)

Points are awarded based on your earnings over the last 12 months and these must be within the UK. In the instance you have been on maternity leave, the previous 12 months prior to the maternity leave are considered. The following points apply:

Points	Gross Earnings
45	£40,000
40	£35,000
35	£32,000
30	£29,000
25	£26,000
20	£23,000
15	£20,000
10	£18,000
05	£16,000

Please note the Home Office consider your gross salary to equate your earnings.

UK Experience (Maximum 5 points) 

You will be awarded a bonus 5 points if you can satisfy either of the following:

• The country of earnings for the last 12 months is the UK and you have earned at least £16,000
• You have studied in the UK for a full year within the last 5 years

 

Maintenance

You will need to show available funds to support yourself and your dependents for the continuation of your stay in the UK. The funds that each applicant will need to show are based on the latest cost of living figures.

Each applicant will need to show savings of £800 to support themselves. If you have any dependents you will need to show a further £1600 for each dependent, unless you have been in the country for 12 months, in which case they must show a further £533 for each dependent.

These funds will need to be shown for a 3 month period and can be in either an onshore or offshore account.

If you are unsure about the maintenance funds you will need to show, please feel free to contact one of our consultants on 0203 178 2048.

 

Initial Tier 1 Applications Prior to 6th April 2010

The Tier 1 (General) extension application is a points based assessment very similar to the initial application process. Once again consideration will be given to applicant's age, education, past earnings and UK experience, as well as there available maintenance funds. Please note it is not necessary to satisfy the English language requirement for extension applications.

For those who qualify for an extension, a 2 year extension will be granted (depending on the initial visa grant; the extension will be sufficient to take the applicant through to the 5 years needed for permanent residence (ILR)).

Please see below for details on the eligibility criteria.

Eligibility (Applications Prior to 6th April 2010)

The minimum requirement to qualify for an extension is 75 points. In addition, you must also score a bonus10 points for the maintenance requirement to meet the acceptance criteria. Over the four point scoring categories, a maximum of 120 points can be obtained.

Age (Maximum 20 points)

Up to a maximum of 20 points can be awarded, based on your age.

Aged 30 and below	20 points
Aged 31 and 32	10 points
Aged 33 and 34	05 points

Education (Maximum 50 points)

 

Points are awarded based on the equivalency of your highest academic qualification or equivalent professional qualifications:

Bachelor Degree	30 points
Masters Degree	35 points
PhD	50 points

 

The UK Government will be assessing the qualification you have obtained from your home country against the UK NARIC database to ensure it is considered equivalent to a UK qualification. Contact one of our consultants today on 0203 178 2048 to ensure that your qualification will be eligible for the correct number of points stated above. 

Past Earnings (Maximum 45 points)

Points are awarded based on your earnings over the last 12 months and these must be within the UK. In the instance you have been on maternity leave, the previous 12 months prior to the maternity leave are considered. The following points apply:

Points	Gross Earnings
45	£40,000
40	£35,000
35	£32,000
30	£29,000
25	£26,000
20	£23,000
15	£20,000
10	£18,000
05	£16,000

Please note the Home Office consider your gross salary to equate your earnings.

UK Experience (Maximum 5 points) 

You will be awarded a bonus 5 points if you can satisfy either of the following:

• The country of earnings for the last 12 months is the UK and you have earned at least £16,000
• You have studied in the UK for a full year within the last 5 years

 

Maintenance

You will need to show available funds to support yourself and your dependents for the continuation of your stay in the UK. The funds that each applicant will need to show are based on the latest cost of living figures.

Each applicant will need to show savings of £800 to support themselves. If you have any dependents you will need to show a further £1600 for each dependent, unless you have been in the country for 12 months, in which case they must show a further £533 for each dependent.

These funds will need to be shown for a 3 month period and can be in either an onshore or offshore account.

If you are unsure about the maintenance funds you will need to show, please feel free to contact one of our consultants on 0203 178 2048.

 

Contact Us

If you would like one of our OISC registered migration consultants to check your eligibility for the Tier 1 visa or if you would like assistance with an application, please feel free to contact us on 0203 178 2048 or submit a free assessment online.

 

What Services can First Migration Provide?

We offer a full representation service for your Tier 1 application, in which we facilitate and handle the application from start to finish. If you opt to use First Migration, we provide the following:

• A fully comprehensive document list along with sample documents to enable you to collect together all the required documents with the minimum of hassle.
• Comprehensive feedback on all the documents and any other issues you may have
• We will complete the application form and prepare a comprehensive cover letter specific to your application, which will promote your case
• Once the documents, application form and cover letter are all ready, we will submit your application to the Home Office and liaise with them throughout the whole process
• Should there be any issues or the need for a review of your application, this will all be dealt with by First Migration at no further cost

 

If you would like to discuss an application or get an application underway, please feel free to contact our London office on 0203 178 2048. Alternatively you can receive a free assessment on your eligibility.