Tier 1 visa - highly skilled migrants

Tier 1 of the points based system for UK migration is the first tier of the new 5 tier visa framework to be launched. Designed to attract and retain the most highly skilled and talented migrants, the highly skilled tier 1 visa is expected to play a strong role in helping to boost the UK's economic performance.

HSMP Tier 1 sub-categories

The tier 1 highly skilled migrant visa category is made up of the following sub-categories:

  • Tier 1 General - for higly skilled migrants who wish to find skilled employment in the UK. The general sub-category replaces the existing HSMP scheme.
  • Tier 1 Entrepreneur - for those investing in the UK by setting up or taking over, and being actively involved in the running of, a business.
  • Tier 1 Investor - for high net worth individuals making a substantial financial investment in the UK.
  • Tier 1 Post Study Work - aims to retain the most able international graduates who have studied in the UK. The Post Study Workers sub-category replaces the fresh talent working in Scotland scheme, the International Graduate Scheme and the Science and Engineering Graduate Scheme.

Tier 1 visa assessment criteria

Applicants for the HSMP tier 1 visa must show that they have sufficient points to qualify to enter or remain in the UK. Points are scored according to the following criteria:

  • Criteria specific to each hsmp tier 1 visa sub-category - a minimum of 80 points is required.
  • English language competence - a pass-mark of 10 points or more is required.
  • Maintenance - migrants must be able to show that they can support themselves and any dependants as they will not have access to public funds. A pass-mark of 10 points or more is required.

Tier 1 highly skilled migrant visa entitlements

Successful tier 1 visa applicants are entitled to seek employment anywhere in the UK, and unlike all other tiers in the points based system, do not require sponsorship in order to submit a successful application.

Tier 1 visa duration

Successful applicants entering the UK in the tier 1 general, tier 1 investor or tier 1 entrepreneur sub-categories will be granted a stay of two years. At the conclusion of this period it is possible to apply for an extension of an additional three years.

Tier 1 Post Study Workers will be granted a single 2 year stay in the UK, however this will not be renewable. Unlike the other three sub-categories in tier 1, the Post Study Worker sub-category is not designed to lead to settlement. Instead it is designed as a bridge to highly skilled or skilled work, and Post Study Work migrants are expected to switch into another part of the points based system as soon as they are able to do so.

Time spent in the UK in any Highly Skilled sub-category, apart from the Post Study Work sub-category will count towards the current five year Indefinite Leave to Remain/settlement requirement.

Tier 1 visa application process

A single application process and a single application fee will be in place regardless of whether the application is being made in-country or out-of-country. There are three ways of applying under the tier 1 visa category:

  • Entering the UK in a Highly Skilled subcategory
  • Extending a stay in the UK in a Highly Skilled sub-category
  • Switching while in the UK into a Highly Skilled sub-category

Successful applicants will be issued with biometric visas.

Tier 1 visas and dependants

Successful applicants are able to have their dependants join them in the UK provided they can prove that they can maintain them. Dependants include children, spouses, civil partners, same-sex partners and unmarried partners. Dependants will be eligible to seek employment but cannot switch into another points system tier unless the main applicant is making a switch.

Tier 1 visas - refusals and appeals

If application for a tier 1 visa is refused there is no right of appeal, unless the appeal is based on Human Rights or Race Discrimination grounds. However in circumstances where an applicant believes an error has been made in the decision making process, the applicant will be entitled to one administrative review.

Please note however that a right of appeal will remain for non-points categories both in and outside the UK.

Tier 1 visa English Language requirements

Competence in English language requirement will become compulsory for all the sub-categories of this tier, except Investors.

Applicants will need to provide:

  • Have passed a test in English equivalent to level C1 (of the Council of Europe Common European framework of learning) equivalent to grade C or above GCSE; or
  • Come from a majority speaking English country; or
  • Have a degree taught in English - verified by NARIC.

Tier 1 visa maintenance requirements

In addition to meeting the points requirements in the relevant categories, new maintenance requirements are also applicable for each sub-category except the tier 1 investors sub-category. The maintenance test is based on the current standards of living figures provided in the British Council publication "Studying and Living in the United Kingdom".

Initial applicants applying out of country will need to show the following:

  • Start up costs of £400
  • Funds available of £2,400

In circumstances where dependants are seeking entry to the UK the first dependant would require 2/3 of the funds of the main applicant, while each subsequent dependant would require 1/3 of the funds of the main applicant.