Highly skilled visas — Tier 1
The United Kingdom Tier 1 (general) visa replaces the old Highly Skilled Migrant Programme (HSMP). There is a Tier 1 sub-category for working in the UK after doing a degree (or higher level) course in the UK. If applying for a highly skilled visa (Tier 1 general visa) you will need to accrue 95 points.
Points are based on:
- Education (including extra for qualifications gained in the UK)
- Previous earnings
- Previous employment experience
- English language skills
- Funds
How much money you'll need
- Applicants from within the UK will need at least £800 (or foreign currency equivalent) in the bank for a continuous three-month period before applying
- If you are applying from outside the UK the figure is higher
Switching and extending highly skilled visas
Working holidaymakers who want a Tier 1 (general) visa now have to apply from within their home country. Extending Tier 1 or existing HSMP visas, and switching from Tier 2 and Tier 4 to Tier 1, can all be done in the UK.
Visa start dates
The new Tier 1 (general) visa is now operational.
Tier 1 Visa Questions
Answers by Shahram Taghavi, barrister and head of the immigration department at Simons Muirhead & Burton
How many points do I have to score to become eligible for a Tier 1 (General) visa?
You must score a total of 95 points: 75 points for attributes (eg qualifications, income, age, etc.) coupled
with 10 points for English language and 10 points for maintenance.
How can I find out if I am eligible for a Tier 1 (General) Visa?
Your first port of call for visa advice should be the UK Border Agency’s points-based calculator, though this calculator does not guarantee an application will be successful.
Can I submit photocopies in support of my Tier 1 (General) application?
No. Any documentary evidence that you provide has to be the original, otherwise you risk being refused.
How much does it cost to apply?
If you're applying from outside UK, it costs £675. Applying from
within the UK by post is £820 and applying in the UK in person is £1020.
What will happen if I submit a false document in support of my application?
If the UKBA’s enquiries reveal that a document is false, the application will be refused irrespective of whether the document is essential to the application or not. You may also be barred from coming to the UK for 10 years.
How long will my Tier 1 (General) visa allow me to stay in the UK for?
If you are applying to enter the UK or to remain in the UK under Tier 1 (General) for the first time, you will be granted a 3-year visa. If you are applying to extend your Tier 1 (General) visa, you will be granted a 2- year extension visa.
I am already in the UK. Can I change my visa to a Tier 1 (General) visa?
You will be allowed to “switch” into a Tier 1 (General) visa only if you are already in the UK on one of the following visas: Highly Skilled Migrant Programme participant; International Graduates Scheme participant; a Postgraduate Doctor or Dentist; A Student; A Student Nurse; A Student re-sitting an Examination; A Student writing up a Thesis; A Work Permit Holder; A Businessperson; A Self-Employed Lawyer; A Tier 1 (Post-Study Work) Migrant.
Will I be able to claim benefits if I am granted a Tier 1 (General) visa?
No. Doing so would be a breach of your visa conditions.
How many points are granted for qualifications?
The points granted for a PhD, a Master’s Degree and a Bachelor’s degree are 50 and 35 respectively. You can only rely on one qualification in your application.
Are all PhD and Master’s degrees degrees acceptable?
No. To score the relevant points, the academic qualification must meet or exceed the recognised standard of a UK Master’s or PhD, as verified by the National Academic Recognition Information Centre for the UK (UK NARIC). Points can also be awarded for vocational and professional qualifications where they are at least equivalent to one of the levels set out above providing that they can be verified either through UK NARIC or by the appropriate UK professional body. In both academic and professional qualifications your first port of call should again be the UKBA’s points-based calculator. If the qualification does not appear on the calculator you will need to contact UK NARIC or the appropriate UK professional body.
What period of time can I claim for under the previous earning requirement?
You can claim points for previous earnings in any single, consecutive 12-month period during the 15 months immediately before the date you apply for your Tier 1 (General) visa. You may, however, be able to claim points for a 12-month period of earnings outside of this 15 month period if you can show you have been away from your workplace because of full-time study or because of a period of maternity or adoption-related absence.
I have only been working for less than 12 months. Will this be a problem?
No. You can successfully claim points for a period of earnings of less that 12 months, provided you show that you have earned sufficient funds in that period to claim the necessary points.
I took a few months off work during the last 12 months. Will this be a problem?
No. You do not have not have to be in continuous or full-time employment during the 12 months being assessed, as long as you show that you have earned sufficient funds in that period.
I have earned the necessary level of income in the UK but I was not entitled to work in the UK during this time. Will my income be accepted?
No. The UKBA will not consider earnings received during a time when you have been in breach of UK immigration laws.
I have been working for more than one employer in the last 12 months and only the combination of my salaries meets the necessary income level. Can I claim the necessary points?
Yes. Earnings do not need to be from a single employer. Your overall total earnings can include those from several sources of work, including a combination of salaried employment and self-employed activities. It can also include part-time, temporary and short-term work.
What is accepted as 'earnings'?
Earnings may include, amongst other things, bonuses, statutory or contractual maternity pay, allowances that form part of your remuneration package, dividends paid by a company in which you are active in the day-to-day management, income from property rental (provided this forms part of your business) and payment in lieu of notice. It does not include expenses, expenses, income from general property rental, interest on savings and investments, inherited funds, statutory redundancy pay or sponsorship for periods of study.
How many points will I be granted for my earnings?
You will receive 45 points if you earn £40,000 or above, 40 points if you earn between £35,000 and £39,999, 35 points if you earn between £32,000 to £34,999, 30 points if you earn between £29,000 and £31,999, 25 points if you earn between £26,000 and £28,999, 20 points if you earn between £23,000 and £25,999, 15 points if you earn between £20,000 and £22,999, 10 points if you earn between £18,000 and £19,999 , and 5 points if you earn between £16,000 and £17,999. All figures referred to are gross income.
I have been working outside the UK for the last 12 months and am seeking to enter the UK on a Tier 1 (General) visa. What salary do I need to have been earning?
The UKBA uses a series of calculations (known as uplift ratios) to bring overseas salaries in line with their UK equivalents. The level of uplift given depends on the average income of the country in which the earnings were made. For example, if you are from Australia, New Zealand or South Africa, you will need to multiply your income by 1, 2.3 and 3.2 respectively. That figure must then be converted into pounds sterling.
I am a national of New Zealand but have been working in Australia for the last 12 months. How do I calculate my earnings?
The country in which you have been working (Australia), rather than your country of nationality (New Zealand) determines the income bands against which your earnings will be assessed.
I have heard that applicants receive points if they have worked in the UK. Is this correct?
Yes. You can earn an additional 5 points if you successfully scored any points for previous earnings and those earnings were made in the UK. Similarly, you can earn 5 points if you have undertaken a period of full- time study in the UK and been awarded (within the last 5 years of the date of the application) a qualification at Bachelor’s degree level or above.
Can I gain any points based on my age?
Yes. The points differ depending on whether you applying for a Tier 1 (General) visa for the first time or whether you are extending it. For first applications, you will receive 20 points if you are 27 or younger, 10 points if you are either 28 or 29 and 5 points if you are 30 or 31. For extension applications, you will receive 20 points if you are 30 or younger, 10 points if you are 31 or 32 and 5 points if you are 33 or 34. If you are currently in the UK on the old HSMP visa, you can receive 20 points if you are 29 or younger, 10 points if you are 30 or 31 and 5 points if you are 32 or 33.
How can I meet the English language requirement?
There are three ways in which you can gain the mandatory 10 points for the English language requirement. If you are a national of a majority English speaking country (which includes Australia and New Zealand but does not include South Africa) you automatically receive the 10 points. Otherwise you have to either pass an English language test specified by the UKBA, or hold a degree that was taught in English and is equivalent to a UK Bachelor’s degree or above. If you are currently in the UK as an HSMP visa holder and your visa was issued on or after 5 December 2006, you automatically meet the English language requirements.
What are the maintenance requirements under the Tier 1 (General) visa?
To gain the mandatory 10 points for maintenance you must show that they have enough money to support yourself. If you are applying from outside of the UK you have to show that you have at least £2,800 of personal savings in your account and that those funds had been present in your account for at least three months before the date of your application. The same rule applies to applications made from within the UK though the figure in such cases is £800. If you are applying from within the UK you must have at least £800 of personal savings.
I have been refused a Tier 1 (General) visa. Can I appeal?
There is no general right of appeal against refusal of a Tier 1 (General) visa if you are applying from abroad. Any right of appeal is limited to issues relating to human rights and race discrimination, which are generally very difficult to succeed on. However, like the old HSMP scheme, you do a right to apply for an “administrative review” of the decision. This is an internal review of the decision by a person other than the original decision-maker. Such reviews are free of charge, are limited to one per refusal decision and have to be made within 28 days of the decision. No new documentary evidence can be submitted during a review.
I am about to apply for a Tier 1 (General) visa. Can my dependants come with me?
Yes. You can be accompanied by your dependents (ie spouse, children under the age of 18, unmarried partner, same-sex partner, or civil partner). Your dependents should ideally apply at the same time you do.
Will my dependants have to satisfy maintenance requirements?
Yes. If the Tier 1 (General) visa holder is outside of the UK (or if he has been in the UK for less than 12 months), the family will need to show that they have had, for each dependant, £1600 in their accounts for at least three months prior to the date of application. This is in addition to the £2,800 for the Tier 1 (General) visa holder. For applications made from within the UK where the main Tier 1 (General) visa holder has been in the UK for more than 12 months, the family will need to show that they have £533 for each dependant. Again, this is in addition to the £800 for the main Tier 1 (General) visa holder.
Will my dependant be allowed to work?
Yes, but not as a doctor in training.
I am currently in the UK as a Tier 1 (General) visa holder, as is my dependent spouse. Can my spouse switch into a points-based category?
No, he cannot. He will have to return to his country of origin and apply from there to enter under the points-based system.
My partner is currently in the UK as a Working Holiday Maker. I have a Tier 1 (General) visa. Can he become my dependant?
No. Your partner can only remain in the UK as your dependant if his current visa to stay in the UK is either as the dependant of an innovator, a participant in the Fresh Talent: Working in Scotland Scheme, a participant in the International Graduates Scheme, a postgraduate doctor or dentist, a student, a student nurse, a student re-sitting an examination, a student writing up a thesis, or a work permit holder. As your partner does not fall within these dependent categories he will have to return home and apply for a visa to re-enter the UK as your dependent.
Other visas to consider
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