Point Based System (PBS) – Tier 1 General (HSMP)

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TIER 1 (GENERAL) – Extension

Tier 1 General is closed from 06/04/2011 and will not reopen for initial applications. Therefore the following information concerns rules for extension only.

Please note: From 06/04/2015, Tier 1 (General) will close and applications to extend leave in this category will no longer be accepted. Applicants who are in the UK and wish to extend their stay in this category must submit their application for an extension on or before 05/04/2015. 

Applications for Indefinite Leave to Remain in the Tier 1 (General) category will no longer be accepted from 06/04/2018. Applicants who are in the UK and wish to apply for ILR must submit their ILR application on or before 05/04/2018.

Applicants who obtained leave to remain/entry clearance under the following categories: Highly Skilled Migrant, Writer, Composer or Artist, Self-employed Lawyer and Tier 1 (General) under the rules applicable before 19 July 2010 have to score 75 points to apply for extension or settlement (ILR). Other Tier 1 (General) applicants for extension or ILR have to score 80 points.  (Please note applicants who were granted leave under the Highly Skilled Migrant Programme) on the basis of an approval letter issued before 7th November, 2006, will not need to score points and will not need to pass the Life in the UK test.  Please see our link above).

CRITERIA FOR EXTENTION APPLICATIONS OF THOSE WHO OBTAINED LEAVE TO REMAIN / ENTRY CLEARANCE UNDER THE RULES APPLICABLE ON OR AFTER 6th APRIL 2010

Attributes:

1. Qualifications (30 – 45 points)
2. Previous Earnings: (5 –80 points)
3. UK experience (5 points)
4. Age: (5-20 points)

Qualifications: An applicant having a UK Bachelors Degree will be able to claim 30 points (provided they were given points in their initial application for this qualification), or 35 points for having a Masters degree or 45 points for having a PHD in any subject. The maximum is 45 points that can be claimed under this section.

Those who have scored points for qualifications in their initial application will automatically score the points in the extension application according to the new scale. Those who upgraded their qualification during the first two years of their Tier 1 (General) visa can score more according to the scale.

Past Earnings: Applicants will be able to use earnings earned in the 12 out of the 15 months immediately preceding the date of application. The applicants will be able to use their earnings in the UK and also earnings from overseas and from several sources, including a combination of salaried employment and self-employed activities.

There is an exception for those who were on maternity or adoption-related absence: they can use earnings earned in the 12 months out of the most recent 15-month period in which he/she has been working, not counting the period of maternity or adoption-related absence.

  • £25 000 - £29 999,99 – 5 points
  • £30 000 - £34 999,99 – 15 points
  • £35 000 - £39 999,99 – 20 points
  • £40 000 - £49 999,99 – 25 points
  • £50 000 - £54 999,99 – 30 points
  • £55 000 - £64 999,99 – 35 points
  • £65 000 - £74 999,99 – 40 points
  • £75 000 - £149 999,99 – 45 points
  • £150 000+ - 80 points

UK Experience: 5 points can be claimed if an applicant scores points for past earnings of £25 000 and more made in the UK.

Age: The maximum one can get is 20 points for being under 29 years of age while the minimum is 5 for being 40 years of age and over. The applicants of age 30-34 can get 10 points.  The age is taken to be the age the applicant was at the time of the initial application for leave in the relevant category.

Maintenance: The applicant needs to score 10 points under this section by providing the specified evidence confirming that he has sufficient funds for the maintenance and accommodation of himself (£900) and any of his dependants (£600 for each dependant and £1800 for the dependants of Tier 1 (General) applicants who have been in the UK for less than 12 months). He has to provide specified evidence that he has maintained the required amount of money for at least 3 months prior to the date of application.

Please note that the funds for the maintenance of the family members can be available in the main applicant`s name or the dependant`s name.  This is a very strict requirement and the application will likely to be refused even if the balance falls below the required threshold for a day in the last three months.

PRESENT CRITERIA FOR EXTENTION APPLICATIONS OF THOSE WHO OBTAINED LEAVE TO REMAIN / ENTRY CLEARANCE UNDER THE RULES APPLICABLE ON OR BEFORE 5TH APRIL 2010

Attributes:

1. Qualifications (30 - 50 Points)
2. Previous Earnings: (5 - 45 points)
3. UK experience (5 points)
4. Age: (5-20 points)

Qualifications: An applicant having a UK Bachelors Degree will be able to claim 30 points (provided they were given points in their initial application for this qualification), or 35 points for having a Masters degree or 50 points for having a PHD in any subject. The maximum is 50 points that can be claimed under this section.

Past Earnings: Applicants will be able to use earnings earned in the 12 out of last 15 months before the date of application. The applicants will be able to use their earnings in the UK and also earnings from overseas and from several sources, including a combination of salaried employment and self-employed activities.

There is an exception for those who were on maternity or adoption-related absence: they can use earnings earned in the 12 months out of the most recent 15-month period in which he/she has been working, not counting the period of maternity or adoption-related absence.

  • £16 000 - £17 999,99 – 5 points*
  • £18 000 - £19 999,99 – 10 points*
  • £20 000 - £22 999,99 – 15 points
  • £23 000 - £25 999,99 – 20 points
  • £26 000 - £28 999,99 – 25 points
  • £29 000 - £31 999,99 – 30 points
  • £32 000 - £34 999,99 – 35 points
  • £35 000 - £39 999,99 – 40 points
  • £40 000+  – 45 points

*The applicants will not score points for previous earnings under £20 000 if their initial application was made under the rules applicable from 31 March 2009 to 5 April 2010 or they switched to Tier 1 General in this period from any of the following categories: Highly Skilled Migrant, Writer, Composer or Artist, Self-employed Lawyer.

UK Experience: 5 points can be claimed if an applicant scores points for past earnings of £16 000 and more made in the UK.

Age: The maximum one can get is 20 points for being under 27 years of age while the minimum is 0 for being 32 years and over. The applicants of age 28-29 can get 10 points while applicants of age 30-31 can only get 5 points. The age is taken to be the age the applicant was at the time of the initial application for leave in the relevant category.

For all Tier 1 (General) applications for extensions there is a new 'genuine earnings' test, that gives the Home Office greater scope to test the evidence presented in cases where abuse is suspected. The reason for this new test is as a result of the Home Office's concerns that some applicants may be submitting false claims of their earnings, particularly self-employed earnings.

WORK RESTRICTIONS

Applicants extending leave to remain under the present rules cannot work as a doctor or dentist in training (unless last granted leave without such a restriction) or as a professional sportsperson or sports coach. Those who have leave to remain or leave to enter under the Tier 1 (General) category will be allowed to take any employment or engage in self-employment activities, or work in a combination of both.  The dependants will also enjoy full rights to work in the UK (except they will not be allowed to work as a doctor or dentist in training).

INDEFINITE LEAVE TO REMAIN (ILR)

The applicant for ILR must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories: as a Tier 1 (General) Migrant; as a Highly Skilled Migrant; as a Work Permit Holder; as an innovator; as a Self-Employed Lawyer; as a Writer, Composer or Artist; as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010. They will also need to score the necessary points, depending on when they were last granted Tier (General) leave (as above), and pass the Life in the UK test as well as holding a B1 (intermediate) level English language speaking qualification or its equivalent.

For all Tier 1 (General) applications for ILR there is a new 'genuine earnings' test that gives the Home Office greater scope to test the evidence presented in cases where abuse is suspected. The reason for this new test is as a result of the Home Office's concerns that some applicants may be submitting false claims of their earnings, particularly self-employed earnings.

OTHER INFORMATION

Appeals

Applicants whose Tier 1 (General) extension applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, applicants are no longer allowed to make use of fresh evidence in order to challenge the decision of the UKBA (unless appealing on human rights, asylum or race discrimination grounds) and can rely only on the evidence submitted with the application. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to seek professional assistance in lodging an appeal against any decision of Home Office.

What services we can offer?

  • We can advise on the procedure, requirements and merits of making an application to the Home Office.
  • We can advise and represent our clients in making representations in support of their immigration matters.
  • We can advise and represent our clients’ dependants to seek dependant visas in line with the visa of the main applicant.
  • We can offer a Super Premium Service where the Home Office will visit the applicants in order to process the applications within 24 hours.
  • We can lodge an appeal if the application is turned down for some reason.
  • We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.

Whatever the case, we are here to assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.

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