Tier 1 (General)

Tier 1 (General) Highly Skilled Migrant programme under the Points Bases System replaces the previous Highly Skilled Migrant Programme that was available in the UK immigration category. Tier 1 (General) Scheme for Highly Skilled was implemented in India from 01 April 2008 and the tier is now implemented globally from 29 June 2008.

Who can apply for Tier 1 (General)?

This category is available as in country and as well as out of country application.

 In country application

  • If you are in the UK in a different immigration category which allows you to switch into Tier 1 (General);
  • If you are already in the United Kingdom as a highly skilled worker and you want to extend your permission to stay within your existing category;
  • If you already in the United Kingdom under the old scheme of Highly Skilled Migrant Programme (HSMP), you want to extend your permission to stay and you are eligible to switch into the highly skilled worker category.

Out of country application

  • If you are outside the UK and if you fulfil the Tier 1 (General) requirements then you may apply for Entry Clearance under the highly skilled worker category.

What are the eligibility requirements for Tier 1 (General)?

Non EEA national who has the following requirements are eligible to apply:

  • You have high level qualifications;
  • You  posses very high skills and specialisation in your chosen field;
  • You do not need a sponsor;
  • You do not need to have a job offer at the time of your application;
  • You must achieve 95 points in total under the Points Base System.

If you are granted the Tier 1 (General) / Highly Skilled Worker visa then you would be able to come to the UK to undertake work or be self employed.

The person must score 100 points in order to qualify in this category.

Attributes (Age, Qualifications, Previous earnings and experience in the UK) 80 points
English Language 10 points
Maintenance 10 points

NB : The points requirements differ for an initial applications and an extension

Can I bring my dependants to the UK?

Your dependants are any of your children under the age of 18 years old, or your husband, wife, civil partner, or unmarried or same sex partner may join or remain with you in the UK if they successfully obtain Entry Clearance or Leave to Enter or Remain. However they need to submit a separate dependant application.

Appeals

Your appeal rights would depend upon whether you made an in country or out of country application for a Tier 1 (General) visa.

 In Country Application

If you make an application for a Tier 1 visa in the UK, your right to an appeal and the process you need to follow will depend on the type of application you have made and if a Statutory Right of Appeal is available then you would be allowed to appeal on the refusal.

If you are currently in the UK and you make an application for a Tier 1 extension visa, then you may have a right to appeal if it is refused.

 Out of Country Application

If you make an application for a Tier 1 visa from outside the United Kingdom, you have a right to an administrative review. You must request a review of the refusal within 28 calendar days of the date the refusal notice was issued. You can only ask for one administrative review for each application that has been refused and you would not be allowed to send any additional documents and proof with your request for a review.

Switching into Tier 1 (General)

If you are in the UK in a different immigration category then switching to Highly Skilled Worker Tier 1 (General) is not permissible as this category is closed for initial applications.

 Switching into Tier 1 (General) Dependant route

If you have permission to stay as the dependant of someone who is already here in the Highly Skilled Worker Category (Tier 1 General) then you may be allowed to switch into the dependant route, without having to leave the United Kingdom and apply for entry clearance (permission to come to the United Kingdom) from abroad. However this factor is based upon the immigration category you are in at the moment. You may contact us to find out if you are able to so.

We can also offer advice on the following:

  • Transitional arrangements in place for HSMP;
  • MBA provision transition arrangements;
  • If you are affected by HSMP Forum Ltd Judgement on 8.4.2008 (extension of stay);
  • If you are affected by HSMP Forum Ltd Judgement on 8.4.2006 (settlement in the UK).