Points Based System Applications

The Tier 1 visa category under the Points-Based system (PBS) has been designed for high achievers (in any field).

Our team of London Immigration Lawyers provide advice and assistance for highly skilled individuals applying to enter/remain in the UK. Highly skilled individuals do not need a job offer but are required to pass a points-based assessment. There are currently four immigration categories for highly skilled workers:-

Tier 1 (Exceptional Talent) category

The Tier 1  (Exceptional Talent) route is for persons of exceptional talent which covers migrants who have won international recognition in scientific and cultural fields, or who show sufficient exceptional promise to be awarded such recognition in the future. Applications by those with exceptional promise must be endorsed by a UK Border Agency approved competent body in the relevant field. The 'exceptional talent' category is subject to a limit of 1,000 places.

Tier 1 (Entrepreneur) category

The Tier 1 (Entrepreneur) visa category is for those investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the United Kingdom.

Requirements

For an application to be successful, an applicant must score a total of 95 points and meet all the other requirements of the Immigration Rules.

An applicant will score 25 points if they have access to at least £200,000. Alternatively, they will score 25 points if they have access to at least £50,000 from:

• One or more Venture Capital firms regulated by the Financial Services Authority (FSA);
• UK Entrepreneurial Seed Funding competitions listed as endorsed on the UK Trade & Investment (UKTI) website; and/or
• One or more UK government departments, which have made the funds available for the specific purpose of establishing or expanding a UK business.

All of the £50,000 must come from these acceptable organisations – an applicant cannot include their own funds or funds from other third parties. If they want to include these funds, they must have a total of £200,000 to invest in UK business.

In all cases, the funds must be:

• held in one or more regulated financial institutions- 25 points; and
• disposable (free to spend) in the United Kingdom- 25 points.

An applicant and one other person can form an 'entrepreneurial team', which means that they can both apply under Tier 1 (Entrepreneur) and score points for access to the same investment funds. Both of them must have equal access to and be able to dispose of the money freely in the UK. If either of them has successfully applied under Tier 1 (Entrepreneur) with any other applicant in the past, based on the same funds that they are using in this application, they cannot form a new entrepreneurial team with those same funds.

Access to at least £200,000

These funds can be their own money or money made available by other people (known as 'third parties'). A husband, wife or partner is a third party. In the case of an entrepreneurial team, one applicant can act as third party contributor of funds for the other.

If an applicant is basing his/her application on funds from third parties, each of them must make a declaration that the funds are available to them or to the business that they are running. A legal representative must confirm that the declaration is valid. If they have formed an entrepreneurial team and they are relying on funds from third parties, each third party must confirm that the funds are available to both of them and the other member of the team

English language- 10 points

An applicant must be able to speak English to the required standard.

Maintenance- 10 points

The applicant must have enough money to support themselves while they are in the UK. An applicant must show that they have £2,800 in personal savings if they are applying from outside the UK (£800 if they are already in the UK and are allowed to switch status). These savings must have been in their bank account for 90 consecutive days before the date of application. Their personal savings must be in the form of cash funds held in an account (including savings accounts and current accounts, even if they need to give notice to withdraw money from those accounts). Other accounts, shares, bonds, pension funds or agreed overdraft facilities are not acceptable.  

If the main applicant has been present in the United Kingdom for 12 months or more, the main applicant or the family member of the entrepreneur must have £533 to support himself/herself.

Conditions of a Tier 1 (Entrepreneur) Visa

An applicant applying under this rote cannot take any employment other than working for the business or businesses that they have established, joined or taken over.

Moreover, at the time of seeking extension, the applicant must be able to show that they have established a new business or businesses that has/have created the equivalent of at least two new full-time jobs for persons settled in the United Kingdom; or taken over or invested in an existing business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least two new full time jobs for persons settled in the UK.

Dependants

The UK Government allows dependants to join the main applicant in the United Kingdom. A dependant is categorised as wife, husband, civil partner, same-sex partner, unmarried partner or a child under the age of 18 years.

Dependants’ Maintenance

If the main applicant under the entrepreneur category is outside the United Kingdom or has been in the United Kingdom for less than 12 months, the family member must show that the main applicant or the dependant has at least £1,600 (for each dependant) to support the dependant as well as the funds needed to support the main applicant.

Tier 1 (Investor) category

The Tier 1 (Investor) visa category is for those high-net-worth individuals who want to make a substantial financial investment in the UK of £1,000,000 (GBP 1 million) or more.

Requirements  

An applicant will need a total of at least 75 points to be able to apply. An applicantdoes not need a job offer to apply under the Investor category. They are awarded points based on their ability to invest at least £1,000,000 (GBP 1 million) in the UK.

Under the Tier 1 (Investor) category, points are awarded for the following attributes:

• An applicant has £1,000,000 of money that is disposable and in a regulated financial institution; or
• They have £2,000,000 in personal assets and have £1,000,000 that is in a loan from an authorised financial institution.

Exemption from English language and maintenance requirements

An applicant will not need to meet the separate English language requirement that applies to most other applicants under the points-based system.

They will not need to meet the separate requirement for maintenance (funds) that applies to most other applicants under the points-based system. This is because they will have met the main requirements (attributes) for this category and shown their ability to support themselves in the United Kingdom without needing help from public money.

£1,000,000 in money that is disposable and in a regulated financial institution

An applicant must show that they are able to make an investment of £1,000,000 or more in the United Kingdom. This money may be held overseas at the time of the application, or it may already be in the United Kingdom.

If the money is not held in pounds sterling, they must convert it into pounds sterling to show that they have the minimum investment required.

An applicant may rely on money that they own jointly with their husband, wife, and civilpartner, unmarried or same-sex partner (known as partner). They may also rely on money that is owned solely by their partner. They must have unrestricted right to transfer and dispose of the money held jointly and solely by their partner and have permission from their partner to have control of this money in the United Kingdom.

The money must:

• be held in a regulated financial institution; and
• be disposable in the United Kingdom; and
• Amount to £1,000,000 or more.

£2,000,000 in personal assets and £1,000,000 that is in a loan from an authorised financial institution

An authorised financial institution is one that is regulated by the Financial Services Authority. If an applicant intends to borrow money from an authorised financial institution, and is pledging the investment as security, the level of personal net worth is £2,000,000.

In this case, they may borrow all of the required £1,000,000 investment money.

Assets held by their husband, wife, civil partner, or unmarried or same-sex partner (known as partner), either jointly or in their partner's own name, can be taken into account when assessing their net worth.

Conditions of a Tier 1 (Investor) Visa

At the time of seeking extension, an applicant must show that they have invested:

• at least £750,000 of their capital in the UK by way of UK government bonds, share capital or loan capital in active and trading UK registered companies, other than those principally engaged in property investment;
• the remaining balance by purchasing assets or maintaining the money on deposit in a UK regulated financial institution;
• Invested within 3 months of ‘investor start date’- see below.

There are restrictions on the type of investments that can be made. The £750,000 must not be invested in companies mainly engaged in property investment, property management or property development.

Investment in share or loan capital in active and trading companies that are registered in the UK can include investment held in foreign currencies.

Invested within 3 months

An applicant must show that they invested at least the required £750,000 within 3 months (13 weeks) of their ‘investor start date’. The investor start date is:

• Their date of entry to the UK, if they were given a visa under Tier 1 (Investor) and there is evidence to establish their date of entry; or
• the date when they were given a visa under Tier 1 (Investor), if there is no evidence to establish their date of entry to the UK; or
• the date when they were first given permission to stay (known as 'leave to remain') under Tier 1 (Investor), in any other case.

If the value of any investment in stocks or shareholdings is reduced by changes in share prices, it must be corrected by the next reporting period, so that the overall value of their investments has been maintained throughout their stay.

Dependants

The UK Government allows dependants to join the main applicant in the United Kingdom. A dependant is categorised as wife, husband, civil partner, same-sex partner, unmarried partner or a child under the age of 18 years.

Settlement

Depending on the level of investment in the UK, an applicant must complete a continuous residence period of 2, 3 or 5 years here before they can apply for settlement.

During the continuous residence period, they cannot be outside the UK for more than 180 days in any 12 calendar months.

The continuous residence period is 2 years if:

• they have money of their own under their control in the UK amounting to at least £10 million; or
• they own personal assets with a value (once any liabilities are taken into account) of at least £20 million, and they have at least £10 million under their control and disposable in the UK which has been loaned to them by an authorised financial institution.

The continuous residence period is 3 years if:

• they have money of their own under their control in the UK amounting to at least £5 million; or
• they own personal assets with a value (once any liabilities are taken into account) of at least £10 million, and they have at least £5 million under their control and disposable in the UK which has been loaned to them by an authorised financial institution.

The continuous residence period is 5 years if:

• they have money of their own under their control in the UK amounting to at least £1 million; or
• they own personal assets with a value (once any liabilities are taken into account) of at least £2 million, and they have at least £1 million under their control and disposable in the UK which has been loaned to them by an authorised financial institution.

Settlement for Dependants

The partner of an investor can apply for settlement at the same time as the investor, if they have lived together in the UK for at least 2 years before applying for settlement.

An investor's child can apply for settlement at the same time as the investor, as long as the child meets the requirements of the Immigration Rules

Tier 1 (Graduate Entrepreneur) category

The Tier 1 (Graduate Entrepreneur) route is for those UK graduates who have been identified by Higher Education Institutions (HEIs) as having developed world class innovative ideas or entrepreneurial skills. Applicants will be able to extend their stay in the UK after graduation to develop their business.

The UK Border Agency will allocate 1,000 places and distribute these equally among all applying HEIs. The HEI must be an A rated and Highly Trusted Sponsor for Tier 4 purposes.

Period of Leave

Initial leave will be granted for 12 months followed by 12 months extension provided the HEI supports the application.

At the end of the second year in this category, an applicant must either switch into Tier 1 (Entrepreneur) visa which requires an investment of at least £50,000 or leave the UK. The other relevant criteria for Tier 1 (Entrepreneur) category i.e. creation of jobs will apply in full.

Conditions

Successful applicants under this scheme will be able to undertake other work up to 20 hours a week in addition to developing their business. They will also be allowed to bring dependants.

Settlement

The UK Border Agency has confirmed that any time spent in this category will not count towards permanent residence.

Tier 1 (Post-Study work) category

The Tier 1 (Post-Study work) visa category is now closed.

Any applications submitted before 5:00 P.M. on 5 April 2012 will still be considered under the UK Border Agency's current rules and guidance.

Our team of Immigration Lawyers have a wealth of experience advising on all kinds of Tier 1 Visa applications. For further information on how we can assist you, please send an email to one of our London Immigration Lawyers

 

Hudson McKenzie has a wealth of experience in managing the Tier 2 Sponsorship Process for employers.

We take the stress away from employers by managing the entire process from start and update the UK Border Agency's Sponsor Management System as and when required. We ensure that employers remain fully compliant with the stringent regulations at all times and advise and create best practice policy guides for employers. We can also request additional certificates from the UK Border Agency on behalf of employers.

There are currently four sub-categories under the Tier 2 scheme:

• Skilled Worker.

• Intra-Company Transfer (ICT).

• Sports People.

• Minister of Religion.

We issue certificates of sponsorship on behalf of employers for individuals who have been offered a job and also provide full assistance to them in obtaining entry clearance/leave to remain once a certificate of sponsorship has been issued. We have an arrangement with the UK Border Agency and can submit applications by fast track at short notice.

We also advise and assist employers on the Resident Labour Market Test (advertising) requirements.

For further information on how we can assist you, please send an email to one of our London Immigration Lawyers

 

Our Immigration Lawyers have years of experience in providing a comprehensive service for international students wishing to study in the UK.

In 2009, the UK Government introduced new rules for students seeking entry to the UK and as a result, every student from outside the European Economic Area (EEA) wishing to study in the UK must be in possession of a CAS (confirmation of acceptance for studies) from a recognised UK institution. 

Key Areas of advice

• Advice on University rankings and their Sponsorship status.

• Assistance in obtaining CAS from Universities.

• Initial Tier 4 applications both from outside and inside the UK.

• Tier 4 extension applications.

• Assistance in switching immigration status into a work category once the course has been successfully completed e.g. Tier 2. This will allow a student to stay longer in the UK and work full-time.

For further information on how we can assist you, please send an email to one of our London Immigration Lawyers

 

Tier 5 of the Points Based System is designed to accommodate people coming to the UK on a temporary basis who have a job offer from a licensed sponsor and a valid certificate of sponsorship.

We offer a complete service for Tier 5 of the Points Based System and can help you to establish which is the most suitable option based on your needs.

Currently there are six different categories under Tier 5:-

1. Temporary Workers- Creative and Sporting.

2. Temporary Workers- Charity Workers.

3. Temporary Workers- Religious Workers.

4. Temporary Workers- Government Authorised Exchange.

5. Temporary Workers- International Agreement.

6. Youth Mobility Scheme

The Youth Mobility Scheme has replaced the Working Holiday Maker   Scheme. It is designed to enable young nationals of certain countries to gain entry clearance to live and work in the UK for a maximum of 24 months.

Nationals of following countries are eligible to participate in the scheme:

• Canada
• Australia
• Japan
• New Zealand
• Monaco

The scheme is also open to British Overseas Citizens, British Overseas Territories Citizens or British Nationals (Overseas).

The team of Immigration Lawyers at Hudson McKenzie can assist you with your application to apply for entry clearance under these schemes.

For further information on how we can assist you, please send an email to one of our London Immigration Lawyers