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UK Government Tightens Up Tier 1 Visa Requirements
In July 2010, two important changes were introduced for migrants making initial applications under Tier 1 (General) of the points-based system:
1. the introduction of an interim limit for Tier 1 (General) applications made outside the UK, for the period until 31 March 2011; and
2. an increase in the number of points required for an initial Tier 1 (General) application, from 95 to 100.
1) Interim limit for Tier 1 (General) applications
Th UK Border Agency is administering the limit on a monthly basis. However, the way that you apply for permission to enter the UK under Tier 1 (General) remains the same. If your application meets all the requirements and the limit has not been reached for the month when you applied, we will issue you a visa in the usual way. If your application meets all the requirements but the limit for that month would be exceeded if we issued you a visa, we will defer your application to the next month when the limit allocation reopens. If your application does not meet the requirements, we will process it as normal even if the limit has been exceeded. You can still submit your application even when a monthly limit has been reached. All applications will be processed in the order in which they are received, as far as operationally possible. You will be informed in writing of the final decision on your application. When making any travel plans, you should expect that your application may take longer than normal if the limit is reached.
The interim limit will not affect:
• applicants who are already in the UK (with current permission to stay in any immigration category);
• dependants of Tier 1 (General) applicants; or
• applicants to the Investor, Entrepreneur and Post-study work categories of Tier 1.
2) Increase in the points required for Tier 1 (General) applications
As well as the increase in required points from 95 to 100, there will be the following requirements;
• the points awarded to those with previous earnings of £150,000 have increased from 75 to 80; and
• the points awarded to those who have an eligible MBA have increased from 75 to 80.
The points requirement will remain at 95 points for applicants who are currently in the UK under one of the following highly skilled worker categories:Tier 1 (General), Highly Skilled Migrant Programme, Self-employed lawyer or Writer/Composer/Artist
For further details of the new changes, please contact Migration Bureau.
Following a scheduled review of its 2 year-old point-based immigration system, the UK Government has introduced new measures to fine-tune it to the needs of the UK economy.
As Grant King, Director of Migration Bureau said, "These changes will provide opportunities for applicants who were previously considered ineligible. It's a great time to apply to move to the UK."
Main changes:
- New points criteria for Tier 1 (General) applicants
- Points awarded now for Bachelors degrees (before Masters degree the minimum)
- More points awarded for high previous earnings, so that applicants with ?150,000 or more could apply without requiring any post-school qualification.
The most significant changes apply to the Tier 1 (General) visa class, designed for highly-skilled workers. Applicants must still attain 95 points, including a mandatory 10 for English language proficiency and 10 for maintenance funds - however the criteria for the remaining 75 points will now be as follows;-
| Highest qualification (or equivalent) |
Points Awarded |
| Bachelor degree |
30 |
| Masters degree |
35 |
| PhD |
45 |
| Previous earnings |
Points Awarded |
| Under ?25,000 |
0 |
| £25,000 - 29,999 |
5 |
| £30,000 - 34,999 |
15 |
| £35,000 - 39,999 |
20 |
| £40,000 - 49,999 |
25 |
| £50,000 - 54,999 |
30 |
| £55,000 - 64,999 |
35 |
| £65,000 - 74,999 |
40 |
| £75,000 - 149,999 |
45 |
| £150,000 or above |
75 |
Age
|
Points Awarded |
| Over 40 |
0 |
| 35 to 39 |
5 |
| 30 to 34 |
10 |
| 29 or under |
20
|
| UK experience |
Points Awarded |
| Qualification obtained in the UK |
5 |
| £25,000 or higher previous earnings in the UK |
5 |
Applicants will initially be granted Leave To Remain under Tier 1 (General) for 2 years, rather than the current 3 years. This is so that the UK authorities can verify at an early stage that they are engaged in highly skilled work. After 2 years, Tier 1 (General) migrants will be able to apply to extend their leave for a further 3 years.
There are new transitional arrangements to deal with applicants who are already in the UK or whose application is in progress. There are also new points criteria for applicants under the Tier 2 (General) “Employer Sponsored” visa class.
The UK Government will soon announce a review of the “multipliers” it uses to assess levels of overseas earnings.
Source: UK Border Agency
For further details of these new changes , please contact the Migration Bureau.
The Government announced on 12 February 2009 its proposed fee levels for all visa, immigration and nationality applications and services in 2009/10.
The revenue from these fees will enable the UK Border Agency to continue providing a world-class immigration service while reducing the burden on United Kingdom taxpayers.
The Government is currently delivering the biggest shake-up of the immigration system for 45 years, including:
- fingerprint checks before people come to the United Kingdom;
- a strong new force at the border;
- counting people in and out of the United Kingdom; and
- introducing identity cards for foreign nationals.
These important improvements cost money to deliver, and the Government's policy is that United Kingdom taxpayers should not bear the full cost of them.
In 2009/10 the UK Border Agency plans to spend over ?2.2 billion on securing the border and managing the immigration system.
Approximately 30% of this spending will be recovered through fees from applications and the services offered. This will allow the UK to continue reaping the benefits of migration while also preventing abuse of the system.
Source: http://www.ukba.homeoffice.gov.uk/
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A bill to make newcomers to the UK earn the right to stay here, strengthen the border, and ensure we have a firm but fair immigration system was published in Parliament on 15 January 2009.
The Borders, Citizenship and Immigration Bill will lay down a radical new approach to British citizenship that will require all migrants to speak English and obey the law if they want to gain citizenship and stay permanently in Britain - while speeding up the path to citizenship for those who contribute to the community by being active citizens.
Under the new system, full access to benefits and social housing will be reserved for citizens and permanent residents - which means if you are not a citizen full access to benefits will not be allowed.
These measures will work alongside the powerful new points-based system to ensure that only those people the country needs can come and stay. This system will allow the Government to manage immigration which in turn will help contribute to future population projections and control.
Border and Immigration Minister Phil Woolas said, "We are clear that newcomers should speak English, work hard, and earn the right to stay here - and only get British citizenship once they have proved their commitment to the country. Migration only works if it brings benefits, and these measures will ensure that only those migrants that make a positive impact on their local community will be able to stay in the UK."
The Borders, Citizenship and Immigration Bill will also ensure a firm and fair immigration system by introducing:
- a duty on the UK Border Agency to safeguard the welfare of children in its work;
- new rules to give automatic British nationality to a child born in the UK where at least one parent is a foreign or Commonwealth member of the British armed forces; and
- a remedy to fix the current situation whereby a father could pass on his British nationality to a child born abroad before 1961 while a mother could not.
These changes are part of the biggest shake-up to the immigration system for a generation, along with the new Australian-style points-based system, a high-tech system for counting people in and out of the country and the introduction of ID cards for foreign nationals.
Source: http://www.ukba.homeoffice.gov.uk/
