Breaking News – Tier 1 (General) scheme to close on 31st March 2011

It has been officially announced by the UK Border Agency today that the Tier 1 (General) scheme will be closing on 31st March 2011.  There is no news about a replacement scheme other than the UKBA will make the Tier 1 (Entrepreneur) visa more attractive.  We believe from the news released that anyone who is already on a Tier 1 (General) visa or an HSMP visa will not be affected by the changes and will be able to apply for their extension under the rules they initially applied under.

To summarise, we would advise anyone that is planning to apply for a Tier 1 visa who qualifies (either General or PSW) to apply as soon as possible to avoid the changes.  Everyone already on a Tier 1 (General) visa should be patient and wait for more information to be released in the coming months.  We are hopeful that you will not be adversely affected by the changes and the UK coalition government will allow commonsense to prevail. We can but hope!  If you would like to get the process underway, please send an e-mail to info@firstmigration.com or call 0203 178 2048.

Overview

The Tier 1 (General) scheme was introduced in 2008 and replaced the popular and successful Highly Skilled Migrant Programme or HSMP. Using the same points framework as the HSMP, the Tier 1 (General) application is the natural successor and seeks to bring applicants to the UK who are young, educated and have good relevant work experience.

The scheme has been changed several times in the last few years and the details included below reflect the most recent changes introduced on 6th April 2010.

Tier 1

The Tier 1 (General) application is a points based assessment considering your age, education, past earnings and UK experience, as well as your English language ability and available maintenance funds. If you qualify for the Tier 1 visa, it offers many significant benefits and advantages:

• Initial 2 year visa which can be extended for a further 3 years allowing for permanent residence and then naturalisation.
• It is not necessary to have a job offer or sponsor in the UK.
• Unlike a work permit, you are not tied to one employer and can move freely between jobs.
• Applicants can work in the UK as an employee, contractor, on a self employed basis and even start their own business.

Application Process

All applications for the Tier 1 (General) scheme made by individuals that are currently living outside the UK (or for applicants that cannot switch in-country) must be made through the British High Commission in your home country . These applications are not made directly to the British High Commission, instead they are made through a third party, usually either World Bridge or VFS. The organisations are contracted by the British High Commission to collect biometric data and sometimes documents on their behalf. These third party organisations have regional offices around the world and you will need to attend one of these in person in order for you to provide your biometric details.

The process for making an application is as follows:

• Prepare all applications forms and collect together all the relevant documents for your case
• Book an appointment with VFS or World Bridge to provide your biometric details (photo and fingerprints)
• Include your biometric details with the rest of you application and submit this by post / in person to the British High Commission as specified by your regional VFS office.

Whilst the process listed above is relatively simple, preparing the application and collecting together the appropriate documentation can be difficult as well as time consuming. First Migration can help by processing your visa application under our no win, no fee guarantee and we can even offer the application on a same day basis. Contact us on +44 (0) 203 178 2048 for further details.

Eligibility

The minimum requirement to qualify for Tier 1 (General) is 75 points. In addition, applicants must score 10 points for both the English language requirement and 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)

Applicants can score up to a maximum of 20 points based on their age:

Education (Maximum 45 points)

Points are awarded based on academic qualification or equivalent professional qualifications:

The UK Government will be assessing the qualification you have obtained against the UK NARIC database to ensure it is considered equivalent to a UK qualification. If you are unsure about the points your qualification will score, please contact one of consultants on +44 (0) 203 178 2048.

Past Earnings (Maximum 45 points)

Points are awarded based on the applicant's earnings over the last 12 months.

The following points will apply based on your gross earnings:

**Please note the exchange rate considered is that of the last day of the earnings period

Uplifting your Earnings

Earnings are calculated based on the country of application. Earnings are uplifted depending on whether the country is considered to be a Band A, B, C, D or E country. The table below summarises the uplift applicable to your country of residence at the time of earnings:

UK Experience

Applicants can claim a bonus 5 points if they can satisfy either of the following:

• The country of earnings for the last 12 months is the UK
• The applicant has studied in the UK for a full year within the last 5 years

English language Requirement

In addition to scoring the minimum level of 75 points, all applicants must satisfy the English language requirement. To do this they must have one of the following:

• Be a national of a majority English-speaking country (see below).
• Have completed a recognised degree, which was fully taught in English.
• Have completed an English language test within the last 2 years that shows a high level of English. The most common test is the IELTS and applicants will need to obtain an overall score of at least 6.5

The following countries are considered to be majority English speaking:

Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, UK and the USA.

Maintenance

All applicants will need to show available funds to support themselves and their dependents during their 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 £2800 to support themselves. If you have any dependents you will need to show a further £1600 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.

Contact Us

If you would like one of our OISC registered migration consultants to check your eligibility or if you would like assistance with an application, please feel free to contact us by either submitting an online assessment or calling +44 (0) 203 178 2048.

Additional Requirements

In addition to the 75 points minimum requirement and the English language requirement, applicants must also meet the following criteria:

• Applicant must make the UK their home
• Applicants must be able to support themselves without recourse to public funds
• Applicants who have ever been bankrupt or who have been convicted of serious criminal offences in their home country are not eligible.

Additional Benefits

As well as the benefits mentioned earlier, the Tier 1 allows applicants the following additional benefits:

• The applicants spouse and children can come as dependents and the spouse is permitted to work in exactly the same manner within the UK
• Applicants and their families are permitted access to free health care for their whole family and free education for their children