UNITED KINGDOM IMMIGRATION

TIER 1 - Highly Skilled Migrant Programme
{formerly known as HSMP}

Introduction of TIER 1 (formerly known as TIER 1)
The United Kingdom's Tier 1 visa immigration scheme is part of the new points based system for employment-based immigration. Tier 1 visas will be for highly skilled migrants, entrepreneurs, investors, and foreign graduate students. The Tier 1 scheme will replace the schemes that cover these immigration categories once it is implemented in early 2008. Tier 1 is designed to attract top talent from outside the European Union who can contribute the most to the UK economy.

Migrants coming to the UK under Tier 1 visas do not need a job offer or a sponsor and are free to seek employment anywhere in the UK. A person must successfully score 75 points under a points based system to come to the UK under Tier 1. Migrants who are successfully granted leave in the UK under Tier 1 can stay for three years. After three years, a migrant can renew their Tier 1 visa.

The Points Based System
In each category of Tier 1, points will be earned according to three sets of criteria:
Criteria specific to each category, such as age and past experience in regards to the General Highly Skilled Migrants sub-category. Migrants will need to score at least 75 points to pass.

English language ability. Migrants will be required to score 10 points in an assessment of their English language competency.

Ability for migrants to support themeselves and any dependants, otherwise called Maintenance. Migrants need to score 10 points in this area by demonstrating that they have sufficient funds for their stay in the United Kingdom until they find employment. Sufficient funds are judged against the latest standard of living figures.

Migrants will be required to reach the pass mark for each of the criteria above in order to gain entry under Tier 1 and to remain in the UK when seeking renewal of their Tier 1 visa after three years.

Documentary evidence for a migrant's ability to claim sufficient points will be required. As per the Immigration and Asylum Act of 2006, migrants applying from abroad will have no right of appeal when denied entry, so it is important to make sure this documentation is in order.

WHAT IS THE TIER 1 (HSMP)?

The Highly Skilled Migrant Programme is a visa category designed to let highly skilled individuals work in the UK in their field of expertise, by this means contributing to the development and success of the UK economy. It is suitable for candidates with well-developed and acknowledged skills in their field.

WORK PERMIT VS TIER 1 (HSMP)

The TIER 1 is more flexible than the work permit scheme because you do not require a specific job offer to apply and you do not need permission to change your employment at a later date. The HSMP is specifically designed to allow you to come to the UK to search for relevant job and self-employment opportunities. The only condition is that you must work within your field of expertise and become economically active as soon as possible.

It is possible to switch from work permit employment to the HSMP when already in the UK.

HOW DOES IT WORK?

The TIER 1 runs on a points based system. Individuals need a minimum of 75 points to qualify.

The TIER 1 is usually issued for an initial period of 24 months with the option to extend for a further 3 years if the individual has been successful. After 5 years the individual will then be eligible to make an application for Permanent Leave to Remain in the UK.

TIER 1 - Points Scoring for the Highly Skilled Migrant Program
These are the areas where you can score points towards the Highly Skilled Migrant Programme (UK TIER 1 Visa):

1. Age
2. Education
3. Earnings
4. UK Experience
5. English Language
6. Other Requirements for TIER 1
7. Your Final Points Score

IMPORTANT:
The above information is about the UK's new points based system, which has not been implemented yet. It's possible that information may change over the course of the following months, so please check back periodically.

(Note: Given below details are as per old policies of HSMP)

1. Age

20 HSMP Points

For New TIER 1 Applications:

• 30 or 31 years of age - 5 points
• 28 or 29 years of age - 10 points
• 27 years of age or less - 20 points

For HSMP Extension Applications:

• 32 or 33 years of age - 5 points
• 30 or 31 years of age - 10 points
• 29 years of age or less - 20 points

2. Education

50 HSMP Points

Qualifications have to be to the recognised British standard of Bachelors, Masters or PhD to be awarded the respective points towards HSMP for each level of qualification.

• Bachelors Degree (e.g. BA, BSc at least 3 years Honours degree/4 years) - 30 points
• Masters Degree (e.g. MA, MSc or MBA) - 35 points
• PhD - 50 points

You will score points based on your degree level qualification, or vocational and professional level qualifications. There are no extra points for a 4 year degree rather than a 3 year degree, or for having more than 1 degree at any given level (e.g. BSc or MSc and MBA). If you wish to score points based on vocational or professional qualifications you will need to show the equivalency of this to the relevant British Qualification. This must be validated with the National Academic Recognition Information Centre Database (NARIC).

3. Earnings

45 HSMP Points

This category requires you to demonstrate a minimum earned income in your country of residence to score points. In order to reflect differences in income levels across the world the level required to qualify varies depending where you live. The country you are living in (or where your income is earned) is considered, not your nationality.

For example a Chinese National residing and working in the United States of America would be required to demonstrate a minimum annual income level over the past twelve months of £26,000 in order to score 25 points, whilst a Canadian National working in South Africa would be required to demonstrate an minimum annual income level over the past twelve months of £8,100 to score 25 points.

It is important to note that not all income will be considered. Unearned income such as dividends from investments (unless it is in a company in which you are active in day to day management), property rental income, and interest on savings or funds received through an inheritance are not used when calculating your income. Earnings from part-time employment can also be considered.

You need to show your income in the country where you live now. Of course there are different levels of income depending on where you live. The country codes linked from below will establish this for you. All earnings need to be declared.

Country Code A Including Germany, France, Singapore, USA, Canada, Australia, Bermuda, Israel, Japan, South Korea.

• £16,000 per annum = 5 Points
• £18,000 per annum = 10 Points
• £20,000 per annum = 15 Points
• £23,000 per annum = 20 Points
• £26,000 per annum = 25 Points
• £29,000 per annum = 30 Points
• £32,000 per annum = 35 Points
• £35,000 per annum = 40 Points
• £40,000 per annum = 45 Points

Country Code B Including Poland, Brazil, South Africa, Libya, Hungary, Chile, Mexico, Estonia, Turkey

• £7,000 per annum = 5 Points
• £8,000 per annum = 10 Points
• £9,000 per annum = 15 Points
• £10,000 per annum = 20 Points
• £11,500 per annum = 25 Points
• £12,500 per annum = 30 Points
• £14,000 per annum = 35 Points
• £15,313 per annum = 40 Points
• £17,500 per annum = 45 Points

Country Code C Including Jamaica, Russia, Iran, Morocco, Peru, Tunisia, Thailand, Algeria, Romania

• £5,000 per annum = 5 Points
• £5,600 per annum = 10 Points
• £6,300 per annum = 15 Points
• £7,200 per annum = 20 Points
• £8,100 per annum = 25 Points
• £9,100 per annum = 30 Points
• £10,000 per annum = 35 Points
• £11,000 per annum = 40 Points
• £12,500 per annum = 45 Points
  

Country Code D Including China, India, Pakistan, Nigeria, Sudan, Ukraine, Zimbabwe, Kenya, Bangladesh

• £3,000 per annum = 5 Points
• £3,400 per annum = 10 Points
• £3,800 per annum = 15 Points
• £4,300 per annum = 20 Points
• £4,900 per annum = 25 Points
• £5,500 per annum = 30 Points
• £6,000 per annum = 35 Points
• £6,600 per annum = 40 Points
• £7,500 per annum = 45 Points

Country Code E Including Afghanistan, Ethiopia, Ghana, Nigeria, Uganda

• £1,400 per annum = 5 Points
• £1,600 per annum = 10 Points
• £1,800 per annum = 15 Points
• £2,000 per annum = 20 Points
• £2,300 per annum = 25 Points
• £2,550 per annum = 30 Points
• £2,800 per annum = 35 Points
• £3,100 per annum = 40 Points
• £3,500 per annum = 45 Points

4. UK Experience

5 HSMP Points

You can gain 5 points in this new category if:

• You have gained points in the past earnings category for earnings in the UK; OR
• You have studied and graduated at Bachelor degree level or higher in full time education in the UK, or at a UK based overseas educational institution for at least one academic year.

5. English Language

It is now a requirement of HSMP that you can evidence your English language ability. Suitable evidence of your ability to speak English to a sufficient level can include:

• an IELTS Test Report Form, issued in the two years prior to the date that the application was received by Work Permits (UK), at Band 6 or above; or
  
• Evidence that you hold a Bachelors degree that was taught in English, and is of an equivalent level to a UK Bachelors degree.

It is important to note that a Masters Degree or a PhD obtained in the UK will not be accepted as evidence of your English language ability. It may be the case that you have an English Language Certificate that is considered equivalent to IELTS Level 6, in which case this might be accepted as evidence of your English language ability.

6. Other HSMP Requirement

In addition to scoring at least 75 points in the above areas you will also need to demonstrate:

• Your ability to continue to work in your chosen field in the United Kingdom.
  
• That you have enough savings and/or potential income to be able to support yourself and your family. You will not be allowed any use of UK public funds (for example income support) whilst in the United Kingdom with permission to stay under the programme.
  
• That you are willing and able to make the United Kingdom your main home. We will ask you to provide a written undertaking to that effect. You will be expected to make the UK your country of habitual residence. Secondments abroad that are an integral part of a job based in the UK are permitted by HSMP, however they will be considered as time outside of the UK for settlement eligibility purposes. To qualify for settlement in the UK you must have spent a continuous period of five years in the UK except for short holidays or business trips. Any secondment that requires you to be outside the UK for a continuous period of over three months will make your previous stay in the UK ineligible as a continuous period in the UK.
  

7. Your Final Points Score

Add up your points score from the score areas above. You need a minimum 75 points and the other requirements listed from the below maximums:

• Age 20
• Education 50
• Earnings 45
• UK Experience 5