Tier 1 General – Highly Skilled Visas changes: who is better off?

The changes to Tier 1 General category introduced on 06/04/2010 will have a profound effect on the skilled migration.

Those who are already on Tier 1 General visa or HSMP will not be affected and they can extend their visas based on previous criteria.

The focus of the scheme has been shifted from academic qualifications to earning power. Arguably, this approach may be a better reflection of the actual skills of the candidates. Having a degree is no longer mandatory, as long as previous earnings are high enough to score sufficient points. For example someone without a degree but with a wealth of experience and professional skills reflected in his salary is not automatically excluded from the scheme. However, the number of people who will benefit from this opportunity will not be significant, because the earnings thresholds have been raised significantly.

The increase in the previous earnings requirement is the main feature of the changes and it is not beneficial for the majority of applicants. Many people who would qualify under the previous criteria will no longer be eligible to access the scheme.  An alternative open to them would be the Tier 2 – employer sponsored visa.

Graduates from UK universities who are currently on Post Study Work visas will have to find well paid jobs within a year from graduation in order to qualify for variation of their leave to Tier 1 General. For example, majority of graduates holds Bachelor Degree and are under 29 years of age. They will need to show above £35000 of earnings in order to qualify under Tier 1 General! Very few graduates will be able to reach this level of earnings within a year from graduation.

It looks like the majority are worse off. Exceptionally skilled and well paid individuals are better off but will the economy and employers benefit?

There may be alternative routes available and at Mulberry Finch we can help you explore all the options in order to find a suitable solution.