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Tier 1 (General) Migrant is designed to allow highly skilled people to migrate to UK to look for work or self-employment opportunities.

Unlike the UK's work permits or business people schemes, you do not need a job offer or detailed business plan to apply for Tier 1 (General) Migrant. When you apply you are awarded points based on your age, qualifications, previous earnings, United Kingdom experience, English language and available maintenance (funds).

From 1 April 2008 you can apply for permission to enter (known as 'entry clearance') if you are in India.

To apply, you must score 75 points for your attributes, 10 points for English language and 10 points for available maintenance (funds), or your application will be refused.

Points assessment

To apply, you must score 75 points for your attributes, 10 points for English language and 10 points for available maintenance (funds), or your application will be refused.

  • Age
    You can score up to 20 points for your age if you are 31 years old or under on the date of your application. The points awarded are:
    1. Under 28 years old - 20
    2. 28 or 29 years old - 10
    3. 30 or 31 years old - 5
  • Qualifications
    The points awarded for qualifications are:
    Qualification Points
    1. PhD - 50
    2. Masters - 35
    3. Bachelors - 30

You should note that:
- points are only awarded for one qualification;
- points are only awarded for a qualification which is assessed and recognised by the National Recognition Information Centre (UK NARIC) to meet or exceed the recognised standard of a Bachelors or Masters degree or a PhD in the United Kingdom; and
- points are awarded for vocational qualifications that are deemed by UK NARIC to be equivalent to a PhD, Masters degree or Bachelors degree.

  • Previous Earnings
    You can score up to 45 points for your earnings. The points awarded for salaried employment or self-employed earnings are:
    Previous earnings Points:
    1. £16,000 - £17,000 - 5
    2. £18,000 - £19,999 - 10
    3. £20,000 - £22,999 - 15
    4. £23,000 - £25,999 - 20
    5. £26,000 - £28,999 - 25
    6. £29,000 - £31,999 - 30
    7. £32,000 - £34,999 - 35
    8. £35,000 - £39,999 - 40
    9. £40,000+ anything - 45

You should note that:

  • Earnings must be made up of 12 consecutive months and must fall within the 15 months prior to your application;
  • You do not have to be in continuous employment during the 12-month period being assessed
  • You can claim for a period of earnings less than 12 months; and
  • Earnings do not have to be from a single employer and can be from full-time, part-time, temporary or short-term work;
  • Earnings are assessed before tax;
  • If you are self-employed, your earnings are assessed on the profits of your business before tax. If you have a share of a business, your earnings are assessed on the share of the business's net profits before tax;
  • Earnings will not be taken into account if you were in breach of the immigration laws when you made the earnings;
  • Earnings in a foreign currency are converted to pounds sterling using the spot exchange rate appearing on Oanda; and
  • Once converted, we use a series of uplift ratios to bring overseas earnings in line with the United Kingdom equivalent.

Full-time students
This option is only available for initial applications to Tier 1 (General) Migrant.

You may have difficulty obtaining points for earnings in the previous 15 months if you were studying during that time. You can, in certain circumstances, claim points for money earned before you started studying, even if that money was earned more than 15 months before your Tier 1 (General) Migrant application. This is only for people entering Tier 1 (General) Migrant for the first time, and is not available if you are switching from the Highly Skilled Migrant Programme.

To qualify for the full-time study provision, you must:

  • be currently in full-time study; or
  • have finished a full-time course within the 12 months before your application.

If you are or have been a full-time student in those 12 months before your application, the time must:

  • be 12 consecutive months; and
  • prior to the application; or
  • prior to the start of your full-time studies.

If you have taken a number of full-time courses with gaps in between of not less than 12 months, you can choose the start of the full-time course as the 15 months before the start date of your first course.

If you have not yet completed your studies, the date of application is considered to be the proposed end date of your studies.

Maternity or adoption leave
If you have been on maternity or adoption leave for 12 months of the most recent 15-month period in which you have worked, you can discount the period of maternity or adoption-related absence, for a maximum absence period of 12 months.

You do not have to discount earnings during maternity or adoption-related absence, and can include maternity or adoption payments in the assessment of your previous earnings.

United Kingdom experience

  • You can score five points for United Kingdom experience if:
  • you have successfully scored points under previous earnings in the United Kingdom; or
  • you have been in full-time study in the United Kingdom for at least one full academic year, and have been awarded a qualification at Bachelors degree level or above.

Previous earnings, Your earnings must be:

  • earned in the United Kingdom;
  • at least £16,000.

You should note that:

  • points for United Kingdom experience will only be awarded for qualifications obtained in the United Kingdom or previous earnings in the United Kingdom but not both;
  • previous earnings are not taken into account in awarding points for United Kingdom experience if you were in breach of the immigration laws when you earned the money.

Qualifications
Your qualifications awarded must be:

  • obtained in the United Kingdom at a United Kingdom institution or at a United Kingdom based overseas academic institution;
  • at Bachelors degree level or above;
  • awarded within the last five years;
  • for period of full-time study in the United Kingdom of at least one full academic year, or three consecutive academic terms to obtain this qualification.

English Language
You must have a minimum level of English language and score 10 points in this section, or your application will be refused.

You must have 10 points for English language, which are awarded if:
You are a national of a majority English language speaking country listed below:

  • Antigua and Barbuda;
  • Australia;
  • The Bahamas;
  • Barbados;
  • Belize;
  • Canada;
  • Dominica;
  • Grenada;
  • Guyana;
  • Jamaica;
  • New Zealand;
  • St Kitts and Nevis;
  • St Lucia;
  • St Vincent and the Grenadines;
  • Trinidad and Tobago;
  • United States of America; or

You pass an approved English language test

you hold a degree that was taught in English and is equivalent to a United Kingdom Bachelors degree or above; or

Maintenance (funds)
You must have a minimum level of maintenance (funds) available and score 10 points in this section, or your application will be refused.

You must score 10 points for maintenance (funds), which are awarded if:
you are applying to a British overseas entry clearance post for permission to come to the United Kingdom (known as 'entry clearance') and have �2,800 in available funds

If you have an HSMP approval letter, see the section on Transitional arrangements for those with a HSMP approval letter.

Transitional arrangements for those with a HSMP approval letter

The Highly Skilled Migrant Programme (HSMP) will close for applicants in India from 1 April 2008 and will be replaced when Tier 1 (General) Migrant, Points Based System has been introduced. If you are in the rest of the world, you will be able to apply later in the year for immigration.

There will be a number of applicants who will be part-way through the two-stage application process (application for HSMP approval letter followed by a separate application for the associated entry clearance or leave to remain). A number of people will have already successfully applied for an HSMP approval letter but will have yet to apply for entry clearance or leave to remain. HSMP approval letters are valid for six months from the date of issue.

Arrangements have been put in place to allow those who have an HSMP approval letter to apply for entry clearance or further leave to remain by making a Tier 1 (General) Migrant application. They are:

  • if you have made an application for entry clearance as a Highly Skilled Migrant before 1 April 2008 in India only, and it has not been decided before that date;
  • if you have made an application for leave to remain as a Highly Skilled Migrant before 29 February 2008, and it has not been decided before that date;
  • if, on 1 April 2008, you have already applied for a Highly Skilled Migrant Programme approval letter (HSMP approval letter) but have yet to apply for entry clearance as a Highly Skilled Migrant; or
  • •if, on 29 February 2008, you have already applied for or obtained an HSMP approval letter but have yet to apply for leave to remain as a Highly Skilled Migrant.

If you apply with a valid HSMP approval letter, you are charged a reduced Tier 1 (General) Migrant fee for your application.

If you have been issued with an HSMP approval letter, you must now make a Tier 1 (General) Migrant application. You are automatically awarded the 75 points required to qualify under the attributes points assessment of Tier 1 (General) Migrant and will not need to show you meet the English language requirement.

If you are granted entry clearance as a Tier 1 (General) Migrant from outside of the United Kingdom, you will be able to live and work in the United Kingdom for a maximum period of three years. When the end of this period approaches you will need to apply to extend your stay as a Tier 1 (General) Migrant.

Leave is subject to the following conditions:

  • You may have no access to public funds.
  • You must register with the police if this is needed.
  • You may not be employed as a doctor in training unless you submit a valid Highly Skilled Migrant Programme approval letter with your application, and the application for that approval letter was made on or before 6 February 2008.

To find out if you qualify for the HSMP permit, email us a copy of your CV (along with a break up of last 12 month's gross earnings) or visit us at one of our offices in Mohali Chandigarh or Abohar Punjab and take advantage of our free assessment program where we will assess your case and advise of the options available to you.

 

 
 
   
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