The UK’s ‘Points–Based’ 5 tier visa system is the primary immigration path for non-EEA nationals to enter the UK to work, study and invest. The Points-Based System was adopted completely in 2010.
The Points-Based System is divided into five separate tiers, and in order to be eligible for a visa under any of the tiers, an applicant must score the necessary points-based threshold. In working visa applications, points are typically awarded in relation to the applicant’s skill set and ability, their experience and their age.
The minimum points required for your application will depend on the Tier under which you are applying.
The Points-Based System sets out the requirements for migrants to come to the UK to work, to study or for some other economic activity. It is divided into 5 tiers (of which tier 3 is not in force).
The United Kingdom has now left the EU and the Government issued a statement as to how a new point based system will be introduced. From the 1st January 2021 EU and non EU citizens will be subject to the same Immigration Rules in the way in which they can come to the UK to work or to study. The Government will replace free movement with the UK points based system and although they will not introduce a general low skilled or temporary work route, it will open the Tier 5 existing
Tier 1 applies to ‘high-value migrants’ from outside the EEA who are investors, entrepreneurs, or who are recognised as being of ‘exceptional talent. The entrepreneur visa was abolished on 28 March 2019 and was replaced by the start-up and innovator visa on 29 March 2019. Current entrepreneur visa holders can apply for an extension to their entrepreneur visa until 5 April 2023. As of 6 November 2015, the amount of investment funds that you must have access to in order to apply for an investor visa was increased from £1 million to £2 million.
If you were granted a Tier 1 (Investor) visa before 6 November 2014 you can extend your leave as a Tier 1 (Investor) Migrant by applying for an extension before 6 April 2020 and you will only need £1 million of investment funds. Extension applications after 6 April 2020 will require £2 million of investment funds. As of 29 March 2019 the Applicant will need to have held their investment funds for at least 2 years and when making an application of extension of stay or settlement, investment in government bonds will no longer be available.
To apply for an innovator visa click: https://www.gov.uk/innovator-visa/apply
To apply for a start-up visa click: https://www.gov.uk/start-up-visa/apply
To apply for an investor visa click: https://www.gov.uk/tier-1-investor/apply
visas are for ‘skilled workers’ who for all nationalities who have a job offer in the UK. This category includes skilled workers who are transferring into the UK via intra-company transfer, professional sports people, ministers of religion and skilled workers where there is a shortage in the UK.
was designed for low-skilled workers to enter the UK and fill specific temporary labour shortages. Please note that the Tier 3 Visa is no longer in force and that the government has not indicated that it wishes to re-introduce the Tier 3 visa. Instead, Boris Johnson has announced that he wishes to adopt an Australian-style points system to control low skilled immigration.
This is a two-tiered category, for both General Students, who are over 16, and Child Students. Applicants must hold an offer from a UK educational establishment which meets the sponsorship requirements. A General Student must have enough money to support themselves and to pay for the course. If the course lasts for 6 months or less, the Applicant can arrive in the UK up to 1 week before the course is due to start. If the course lasts more than 6 months, the Applicant can arrive in the UK up to 1 month before the course starts. How long the Applicant can stay depends on the kind of course that is being undertaken and the study that has already been completed. Tier 4 students who are undertaking degree level study can only stay for a maximum of 5 years.
This is a temporary working visa, and is divided into 6 sub-tiers: Creative and Sporting, Charity workers, Religious workers, Government Authorised Exchange workers and the Youth Mobility Scheme. Following the Home Office guidance published in April 2019, the Tier 5 visa no longer covers Ministers of Religion. Instead, Ministers of Religion should apply under the Tier 2 category.
If you are the family member of a Points-Based System migrant in Tier 1, 2, 4 or 5, you may be eligible for leave to remain.
The eligible family members are:
Our Mr Kashif Qureshi is a top immigration lawyer in Greater Manchester, Oldham, and can help you with your application under the points-based system or your appeal.
The current government makes the UK less attractive to migrants in its measures to reduce net migration. At this time, it is important to obtain expert advice on the measures that impact those who wish to work, study and invest in the UK. Call us and we will be able to assist you in clarifying the complex and frequent changes which affect immigration law and policy.