Tier 1 Highly Skilled Worker visas: 6 April 2010 Changes

The changes to Tier 1 will affect those who wish to apply for a Tier 1 visa for the first time, those who obtained Tier 1 General or HSMP before 6^th April 2010 and wish to extend, and those who obtain a Tier 1 General visa on or after 6^th April 2010 and need to extend their visa. The Tier 1 General points calculator incorporates the rule changes that affect these three groups, as summarised below.

I. Initial applications – Entry Clearance applications (out-of-country) and switching in-country from a different visa category

Major changes will come into force on 6^th April 2010 in the Tier 1 General – Highly Skilled Workers category. Applicants making their application through a British Post abroad or switching in-country from a different visa on or after 6^th April 2010 will need to earn at least 95 points in total, as before, but the allocation of points has been significantly revised. Points will be awarded in the following scoring areas:

1) Qualifications – 30 to 50 points

The UK Border Agency reversed their position with regards to Bachelor degrees, allowing applicants to claim 30 points for this qualification once again. The minimum level of education has therefore been set at the UK Bachelor degree, or overseas degree recognised by NARIC as equivalent to UK Bachelor degree.

Masters degree holders will be able to claim 35 points for their degrees and a PhD will be awarded 45 points.

It has also been recognised that the level of skills is not strictly connected with education, and so applicants with sufficient earnings can still obtain enough points to qualify for the Tier 1 visa despite not holding a degree.

2) Earnings – 5 to 45 points

The earnings thresholds have been raised significantly. The minimum level of earnings for which applicants will be able to claim points will be £25,000 (an increase from £20,000). Applicants with earnings between £25,000 and £29,999 will only be awarded 5 points. The thresholds will then increase as follows:

• £25,000 – £29,999 – 5 points
• £30,000 – £34,999 – 15 points
• £35,000 – £39,999 – 20 points
• £40,000 – £49,999 – 25 points
• £50,000 – £54,999 – 30 points
• £55,000 – £64,999 – 35 points
• £65,000 – £74,999 – 40 points
• £75,000 – £149,999 – 45 points
• £150,000 and above – 75 points
• For a salary above £150,000 applicants will be able to claim 75 points.

The major feature of the changes is therefore a significant increase in the required level of earnings which applicants will need to show they earned in the claim period (any consecutive 12 months within the 15 month period immediately preceding the application).

High earners will be able to qualify without having a degree, but this will not apply to sportspersons. A new restriction will be introduced and Tier 1 General migrants will not be able to take up employment as a professional sportsperson.

Applicants need to bear in mind the very restrictive approach that the UK Border Agency takes in assessing applications under the Points Based System, including Tier 1 – Highly Skilled Workers applications. A successful application will depend not only on meeting the requirements but most importantly on proving eligibility with appropriate documentation presented in the appropriate format.

3) Age – 5 to 20 points

Applicants who are under 30 years of age at the date of application will be awarded 20 points for their age. The next age threshold has been raised significantly to 34 years. Applicants who are 30 to 34 years of age on the day of their application will be awarded 10 points. Those aged 35 to 39 will receive 5 points for their age. No points will be awarded to those applicants who have turned 40 by the date of their application.

4) UK experience

5 additional points will be awarded if the applicant has obtained a qualification in the United Kingdom or was awarded points for earnings made in the UK.

Length of leave granted

Applicants applying for the Tier 1 General visa for Highly Skilled workers for the first time will be granted 2 years leave initially (previously 3 years). After 2 years they will be eligible to extend their Tier 1 General visas for a further 3 years. This will give an applicant the necessary residence period in the UK to apply for Indefinite Leave to Remain (settlement).

English Language and Maintenance Requirement – 10 points required in each category

The Statement of Policy published by the UK Border Agency does not mention any changes in the English Language Requirement or the Maintenance Requirement.

II. Already in the UK on Tier 1 General, Highly Skilled Migrant Programme (HSMP)?

Migrants already in the UK on a Tier 1 General visa granted before 6^th April 2010 or Highly Skilled Migrant Programme (HSMP) will not be affected by the changes. Current points scoring criteria will apply, most importantly:

1. Migrants with HSMP visas and Tier 1 General granted before 31^st March 2009 will be able to extend their leave without the need to present a Masters degree – a Bachelors degree will suffice.
2. Migrants with a current HSMP visa and Tier 1 General visa granted before 31^st March 2009 will be able to claim points for earnings below £20,000.
3. HSMP migrants switching to Tier 1 General will be awarded 20 points for their age if on the day of application they are 30 years old or younger, 10 points for 31 and 32 and 5 points for those aged 33 and 34.
4. The leave granted will be of such length to allow applicants to complete a total of 5 years residence in the UK and go on to apply for Indefinite Leave to Remain.

III. Extending Tier 1 General for those applicants who enter the scheme on or after 6^th April 2010

Migrants who will be granted the Tier 1 General visa after 6^th April 2010 and wish to extend their leave in the UK after completion of the initial 2 year visa will be assessed based on the criteria described in point I. However, the age thresholds will be raised to allow them to claim points as follows:

• 31 and under – 20 points
• 32 to 36 – 10 points
• 37 to 41 – 5 points
• 42 and over – no points awarded

Extension applications will not receive any points in the UK Experience category based on qualifications obtained in the UK. Only earnings made in the UK of above £25,000 will earn an additional 5 points.

The above changes have been published in a Statement of Policy document and their exact extent and effect will only be known once the UK Border Agency Guidance is available. The UK Border Agency can affect the number of successful applications not only by changing the requirements but also by implementing a restrictive policy relating to the application form and quality of evidence provided. The immigration devil is, as always, in the detail.