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Do I qualify for immigration to the UK?
Which class should I apply under?
What conditions do I need to satisfy?
How long does it take to process a visa?
In order to be eligible for permanent residence (known in the United Kingdom as Indefinite leave to Remain "ILR") you must first spend time in the United Kingdom under one of the following visa classes. The amount of time depends on which class you are successful under. Persons requesting ILR are all required to take the "Life in the UK" test.
When applying for ILR you will need to show that you will continue to meet the requirements on which the Home Office originally granted your visa and that you have generally stayed in the UK for the duration of that visa (You must not spend more than 90 days per year outside the UK).You can apply for ILR one month prior to the completion of your visa. You will also be required to take the "Life in the UK" test.
After ILR is granted you should not spend longer than two years at a time outside the UK as this may lead to loss of your ILR. It is therefore normally recommended that you apply for UK citizenship after one year as a permanent resident.
There are essentially three main classes:
Skills
Family
Business
The other main option is to obtain a work permit.
Tier 1 (General)
(replaces the Highly Skilled Migrant Programme “HSMP”)
This programme is designed to allow highly skilled people to migrate to the United Kingdom to look for work or self employment opportunities.
Tier 1 (General ) is a points based immigration scheme. You must score 95 points to be eligible and points are awarded according to the following categories:
• 10 points for English language; and
• 10 points for available maintenance (funds). You will be required to have available funds of ﾣ800 and to have had ﾣ2,800 during the first three months before the application is received and a further ﾣ1,600 for evey dependant accompanying you; and
• 75 points for your attributes (age, qualifications, UK experience, previous earnings)
1. Age – younger applicants are awarded more points
2. Qualifications - A Bachelors degree or higher is required and all qualifications are based on equivalency to UK qualifications.
3. UK experience – Additional points are awarded if you studied and graduated at a Bachelor’s degree or higher in full time education in the UK or at a UK based educational institution for at least 1 academic year and if you have work experience in the UK.
4. Previous earnings - Earning power is linked to your country of residence and points increase depending on your level of income. Additional points are awarded if past earnings were in the United Kingdom.
If you are approved under this category you are able to stay in the United Kingdom for up to 24 months to seek work or self employment opportunities. Following this, you can then apply to have your stay be extended for up to a further three years.
After 5 years of continuously living in the United Kingdom as a highly skilled migrant you may apply for ILR.
Work Permit
You cannot apply directly for a work permit. Your prospective employer must apply, ideally at least eight weeks before you are required to start work.
Most positions for which work permits are obtained must first be advertised by the employer as they must prove they have been unable to find anyone for the position or have no realistic expectation of finding someone locally.
A candidate for a work permit must be suitably experienced. They must have the following:
• A UK degree equivalent qualification or
• Three years senior level experience in a relevant specified area or
• An HND level occupation entitling you to do a specific job or
• A general level qualification and 1 year relevant experience or
• Three years relevant experience and an NVQ at level 3 or above.
Advertising is not necessary by the employer in the following circumstances:
• Where the position is at board level or equivalent and a salary in excess of ﾣ250,000.00 pounds.
• A high level executive position linked to inward investment of over ﾣ250,000.00 in the UK.
• Intra-company transfer
• A position requiring someone with skills on the official shortage list. This list includes amongst others mostly engineering type jobs and health care jobs.
Extensions of work permits can be requested for up to 5 years and as with other employment based categories after you have spent five continuous years in the UK as a work permit holder you will usually become eligible for ILR subject to meeting the relevant criteria.
Work permits are due to be replaced by Tier 2 of the points based system in November 2008.
Tier 2 (General ) is also a points based immigration scheme. You must score 70 points to be eligible and points are awarded according to the following categories:
• 10 points for English language; and
• 10 points for available maintenance. You will be required to have available funds of ﾣ800: and
• 50 points for attributes (sponsorship, qualifications, prospective earnings)
1. Sponsorship – You will require a valid certificate of sponsorship issued by a licensed sponsor. (Employers will need to apply for a sponsor license in order to be able to employ migrants). You can score up to 50 points for your certificate of sponsorship.
2. Qualifications – 0-15 points are awarded depending on your level of qualifications; and
3. Prospective earnings – 0-20 points are awarded according to the amount of your prospective earnings.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to a free QUICK-CHECK immigration assessment form
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Marriage Visa
Spouses of UK citizens or permanent residents may come to the UK under the marriage visa category and are able to work as soon as the visa is granted. The criteria are:
- If you have been together for less than two years your visa is probationary for two years and at the end of the two years ILR will usually be granted.
- If you have been together for more than four years outside the UK you will be granted ILR without having to live together in the UK for two years
- The UK citizen must have met their non UK spouse
- You must intend to live together permanently
- You must have suitable accommodation and possess sufficient funds to pay you and your spouses living expenses and those of any dependants without claiming public funds. (Dependants are children of the marriage who are under 18 years of age).
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Unmarried partner
If you are unmarried you need to show you have been together for two years and that it is a permanent relationship. The criteria are:
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Ancestry
If you are a commonwealth citizen with a UK born grandparent you should be entitled to an Ancestry visa as long as you are over 17 and able to support yourself. You will be required to provide documentation such as birth certificates and marriage certificates to support your application. The visa is granted for five years after which you may apply for ILR. There may be changes to this visa class in the future.
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Investor
Investors now apply under the Tier 1 (Investor) category which is a points based system with points awarded according to your ability to invest ﾣ1,000,000 according to the following criteria:
• 75 points – You have at least ﾣ1,000,000 held in a regulated financial institution and disposable in the UK; or
• 75 points – You have at least ﾣ1,000,000 under your control held in a financial institution and disposable in the UK loaned to you by a financial institution regulated by the Financial Services Authority
• You will not need to meet the separate English and maintenance requirement required for other categories.
You are initially issued with a 24 month visa which can then be extended for a further three years provided you are eligible for 75 points according to the following criteria:
• 30 points - You have at least ﾣ1,000,000 held in a regulated financial institution and disposable in the UK; or
- You have at least ﾣ1,000,000 under your control held in a financial institution and disposable in the UK loaned to you by a financial institution regulated by the Financial Services Authority; or
- Your personal assets excluding liabilities are over ﾣ2,000,000
• 30 points- You have invested at least ﾣ750,000 into UK government bonds, share capital or loan capital in active and trading UK companies (not including those involved principally involved in property investment)
• 15 points - Your investment was made within three months off being granted entry clearance and has been maintained for the whole of the remaining period of leave granted
After five years in the UK you may apply for ILR.
Entrepreneur
People wishing to come to the UK to run their own business now apply under the Tier 1 (Entrepreneur category) which is also now a points based system. Applicants must score at least 95 points according to the following categories:
- 10 points for English language; and
- 10 points for available maintenance (funds). You will be required to have available funds of ﾣ800; and
- 75 points for attributes according to the following requirements:
- 25 points - You must have access to not less than ﾣ200,000;
- 25 points – Your money must be held in one or more regulated financial institutions.
- 25 points - Your money must be disposable in the UKo in cash directly into one or more businesses in the UK
- 20 points – You must have either registered with HM Revenue & Customs as self employed or, registered a new business of which you are the Director, or registered as the Director of an existing business.
- 15 points – You must be engaged in a business activity at the time you apply for Indefinite Leave to Remain.
If you were granted entry clearance under the Tier 1 (Entrepreneur) category you will initially be granted a visa for two years after which you may apply for an extension of stay as long as you are eligible for 75 points according to the following categories:
- 20 points – You must have invested or had invested on your behalf not less than ﾣ200,000 in cash directly into one or more businesses in the UK
- 20 points – Within three months of being granted entry clearance you must have either registered with HM Revenue & Customs as self employed or, registered a new business of which you are the Director, or registered as the Director of an existing business.
- 15 points – You must be engaged in a business activity at the time you apply for an extension of stay leave to remain.
- 20 points – If you have established a new business or businesses they must have created the equivalent of at least two full time paid jobs in the UK and those jobs must have existed for at least 12 months; or
- If you have taken over an existing business the resulting services and investments must have resulted in the equivalent of two extra paid fulltime jobs that have existed for at least 12 months.
After a period of five years stay in the UK you may apply for ILR.
Innovator scheme
This category is now included under Tier 1 of the points based system either General or Entrepreneur.
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Working Holiday Maker
This visa allows nationals of participating Commonwealth countries aged between 17 and 30 to come to the UK for up to two years and work for a total of up to 12 months.
This class is due to be replaced by the Tier 5 Youth Mobility Scheme in November 2008.
Under the Youth Mobility scheme you will need to be a national of a participating country aged between 18 and 30. You must have sufficient funds to support yourself and you cannot participate if you have dependant children or have previously spent time in the UK as a working holiday maker.
N.B. Immigration Regulations correct as at 7th November 2008
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