Point Based System

The United Kingdom's points-based 5 tier visa system is the main immigration route for migrants from outside the European Economic Area (EEA) to come to the UK to work, study, invest or train.
The system separates applicants into five 'tiers'. In order to be eligible for a visa in any of the five tiers you must pass a points-based assessment. In work visa applications, points are generally awarded according to the applicant's ability, experience and age.
You must reach a points score above a minimum threshold if your application is to be successful. The minimum number of points required varies for each tier.

The Five Tiers

The five tier visa system consists of the following:

• Tier 1: This visa category is for 'high-value migrants' from outside the EEA and covers entry of entrepreneurs, investors, and those very few people who come under the 'exceptional talent' visa.
• Tier 2: This category is for 'skilled workers' from outside the EEA with a job offer in the UK. It includes skilled workers who are transferred to the UK by an international company, skilled workers where there is a proven shortage in the UK, ministers of religion and sportspeople.
• Tier 3: This category was designed for low-skilled workers filling specific temporary labour shortages. The Government has so far never allocated any visas under this scheme. Unfortunately, this means that you cannot apply for the Tier 3 visa scheme.
• Tier 4: This category is for students aged over 16 from outside the EEA who wish to study in the UK. Applicants must have a place at a registered UK educational establishment before they can apply.
• Tier 5: This category contains six sub-tiers of temporary worker including creative and sporting, charity, religious workers, and the youth mobility scheme which enables about 55,000 young people every year to work in the UK on working holidays. The visas are awarded to young people from countries that have reciprocal arrangements with the UK.

Switching tiers and applying for Indefinite leave to remain

Those issued with visas under Tiers 1, 2, and 4 will be eligible to apply for a visa under another tier once they are in the UK,if they can meet the requirements of that tier.

Those who travel to the UK under Tier 1 and Tier 2 visas (excluding Intra-Company transfers under Tier 2) may later be eligible to apply for UK permanent residence providing they meet the permanent residence requirements at the time of their application. In 2012, the UK government introduced a minimum salary requirement. From 2016 onwards, only people who earn £35,000 or more annually will be able to apply for permanent resident status.

Points structure

In each tier, an applicant must score a sufficient number of points to gain entry clearance or to extend his or her leave to remain in the United Kingdom.
Applicants in Tier 1 & Tier 2 are awarded points for their ability, experience and age. Points may also be awarded to an applicant when there is a skills shortage which the applicant can meet.

Applicants under Tier 4 (students) are awarded points for:

• Having a valid confirmation of acceptance for studies at a UK educational establishment
• Having an acceptable level of ability in English
• Having sufficient money to cover fees and living expenses

Tier 5 contains six different subcategories:

• Temporary worker – creative and sporting
• Temporary worker - charity worker
• Temporary worker – religious workers
• Temporary worker – government authorised exchange
• Temporary worker – international agreement
• Temporary worker – youth mobility scheme

Those applying under the first five categories are awarded points for having a sponsor and a valid certificate of sponsorship. Sportspeople must also have a certificate from their sport's governing body certifying that they are internationally established at the highest level.

Those applying under the youth mobility scheme are awarded points if they come from certain specified countries.

• Australia
• Canada
• Japan
• Monaco
• New Zealand
• Republic of Korea
• Taiwan

They must also be between 18 and 30 years old and have at least £1,800 in cleared, available cash funds.

Sponsorship

Most migrants will require a Certificate of Sponsorship in order to be successful in their applications under the 5 Tier system. All those applying for a visa under Tiers 2, 4, and 5 (apart from youth mobility scheme applicants in Tier 5) are required to have sponsorship from a licensed sponsor. This will be an employer, for those coming to the UK to work, or an educational institution, for students.

A summary of the sponsorship requirements for each tier is laid out below.

• Tier 1: 'High-value migrants', entrepreneurs and investors do not require sponsorship but those with 'exceptional talent' must be sponsored by endorsed by a 'Designated Competent Body'.
• Tier 2: All applicants under Tier 2 require a Certificate of Sponsorship from their prospective employer. This will certify that the migrant 'will fill a genuine vacancy in the UK that cannot be filled with a suitably qualified or skilled settled worker'. UK immigration defines a settled worker as someone who is 'a national of the European Economic Area or is legally settled in the United Kingdom with permission to work here'.
• Tier 4: All applicants under Tier 4 must have a Confirmation of Acceptance for Studies from the UK educational institution at which they intend to study. This institution is known as the 'sponsor'. The sponsor is responsible for ensuring that the student complies with the terms of his visa and must inform the UKBA if he does not.
• Tier 5: All applicants under Tier 5 require a Certificate of Sponsorship except those who are visiting the UK under the youth mobility scheme (or working holiday visa as it is often known).
• Family: In most cases, spouses and dependants are allowed to come to the UK with the main applicant. Spouses are usually allowed to work. However, the following spouses do not have the right to work in the UK:

• Tier 4 (student) visa holders who are studying for a non-degree course and/or have been granted a visa for less than 12 months. (The spouses of Tier 4 visa holders who are at university and/or have leave to remain in the UK for over 12 months are permitted to work.
• Tier 5(temporary worker) with leave to remain in the UK for under 12 months.

Tier 1

Tier 1 Entrepreneurs – Investment required: £50,000 - £200,000 If you are a foreign businessman from outside the EU and would like to run your own business in the UK, you should seriously consider the UK Tier 1 (Entrepreneur) visa.

If you wish to invest in the UK by setting up or taking over a business or by becoming a part-owner of a UK business, you can come to the UK under the Entrepreneur sub-category of Tier 1. Please be aware that you must be actively involved in the running of the business.

In order to qualify, you must score at least 95 points under the Tier 1 points-based system.

Tier 1 Investors – Investment required: £1,000,000 minimum If you are a wealthy individual and wish to live in the UK, you should consider the Tier 1 (Investor) visa.

In order to qualify, you must score 75 points under the Tier 1 points-based system

You will score 75 points for one of the following:

• If you have at least £1,000,000 of disposable funds that you can invest in the UK or
• If you have £2,000,000 or more in personal assets and a loan of over £1,000,000 which you can invest in the UK.

Investors are exempt from both the English language requirement and the requirement to provide further proof of the ability to support themselves and any dependants.

Tier 1 - Exceptional Talent

The Tier 1 (Exceptional Talent) Visa allows you to live and work in the UK if you have an exceptional talent in the arts or sciences.

In order to qualify, you must score 75 points under the Tier 1 points-based system.

You will score 75 points if you gain the endorsement of a 'Designated Competent Body' which will need to certify either that you are internationally recognised as a world leader in your field or that you are someone with the potential to be so. There are only four Designated Competent Bodies. They are national societies for the arts and sciences. It is extremely difficult to qualify for a visa in this category. Only 1, 000 Tier 1 Exceptional Talent visas can be issued in any one year. You do not need a job offer or a sponsor in order to be successful and are free to seek employment anywhere in the UK. You must score 75 points under the Tier 1 points-based system for their application to be successful.

Tier 1 - Graduate Entrepreneur

The Tier 1 Graduate Entrepreneur category enables graduates who have been identified by a UK university as possessing world class entrepreneurial skills to apply to stay in the UK after graduation. In order to qualify, you must score 95 points under the Tier 1 points-based system.

Tier 2

The Tier 2 visa is now one of the most important entry routes into the United Kingdom for skilled workers who are citizens of countries outside of the European Economic Area. In all cases, if you are applying for entry under this visa scheme you MUST be in possession of a job offer and a Certificate of Sponsorship from a UK employer with a valid Tier 2 sponsorship licence. You must fulfil the requirements of the particular Tier 2 visa for which you are applying.

Tier 2 has four categories:

• General: for people coming to the United Kingdom with a job offer to fill a position that cannot be filled by a settled worker. In 2011, an annual cap on the number of Tier 2 (General) visas was introduced. It currently stands at 20,700. People who earn £150,000 a year or above are excluded from the cap.
• Intra Company Transfers: for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a UK-based branch of the organisation
• Sports People: for elite sportspeople and coaches whose employment will make a significant contribution to the development of their sport at the highest level
• Ministers of Religion: for those people coming to fill a vacancy as a Minister of Religion, Missionary or Member of a Religious Order *

To qualify for inclusion under the Tier 2 (General) or the Tier 2 (Intra Company Transfer) visa, a job must require a skill level of S/NVQ level 3 or above as indicated in the codes of practice relevant to the sector and to the job.

Ministers of religion and sports people on temporary assignment should apply for entry underTier 5 for Temporary Workers (Tier 5 (creative and sporting) visas last for twelve months. Tier 5 (religious) visas last for up to two years).
Some people who are in the UK with other UK visas can apply under Tier 2 (General). For a complete list of visa categories eligible to switch into Tier 2. Please see Tier 2 - Switching from another scheme.

Tier 4

The United Kingdom's points based immigration system, broken into five tiers; A very small number of highly skilled migrants who come under the Exceptional Talent visa, entrepreneurs, investors, Tier 4 students and a few other categories of people.

Students coming to the UK under a Tier 4 student visa require a university or other UK educational institution on the register of sponsors to sponsor them. They also need to score enough points to be accepted as an international student in the UK.

The current system grants student visas for an initial period which varies depending on the length of the course. In general, a Tier 4 student can stay in the UK for the length of the course plus 4 months (for courses lasting one year or more) or one or two months (for courses between six months and a year). For shorter courses, international students are only granted a week to stay in the UK once the course has finished.

Work

Students who are in a course at or above NQF 6/QCF 6/SCQF 9 at a UK higher education institution are allowed to:

• work for up to 20 hours per week during term time;
• work full-time during vacations;
• do a work placement as part of your course;
• work as a postgraduate doctor or dentist on a recognised Foundation Programme.

If you are on a course below this level at a UK higher education institution, you are allowed to:

• work for up to 10 hours per week during term time;
• do a work placement as part of your course;
• work full-time during vacations.

If you are on a course at any level at a publicly funded further education college, you are allowed to:

• work for up to 10 hours per week during term time;
• work full-time during vacations;
• do a work placement as part of your course, provided your education provider is a Highly Trusted sponsor or the course is at or above NQF 6/QCF 6/SCQF 9.

After your course is completed, you can use the remainder of your visa time to look for work in the UK so you can transition into another visa category if they wish. Otherwise, you must leave the UK once their visa period ends.

Dependents

In some cases, you can bring your partner or children (under dependent visas) with you during your studies but you must show that you have sufficient funds to provide for them. They will be able to apply under the Tier 4 student visa as a dependent. From 4 July 2011, you cannot bring your dependents to the UK unless:

• you are sponsored by a higher education institution on a course at NQF level 7 or above which lasts 12 months or more or;
• a new government-sponsored student following a course which lasts longer than 6 months.

Please also note that Tier 4 student visa applicants may be required to complete an English test if they are not nationals of an English-speaking country or have not completed any academic courses in English.

Documentation

Eligible Tier 4 student visa applicants can qualify for an exception because they are considered to be "low risk" and will normally be required to provide fewer evidential documents.

A Tier 4 student visa applicant qualifies for this exception if they are:

• sponsored by a Highly Trusted Sponsor; and
• applying for entry clearance in his/her country of nationality or for leave to remain in the UK; and
• a national of:
• Argentina
• Australia
• Brunei
• Canada
• Chile
• Croatia
• Hong Kong
• Japan
• New Zealand
• Singapore
• South Korea
• Taiwan
• Trinidad and Tobago
• United States of America
• British Nationals living oversea

Switching into another UK visa category

You may be eligible to switch into another visa category once you graduate. Check here to see the other visas the UK has to offer.

Tier 5

The Tier 5 visa allows you entry to work in the UK in a number of different circumstances. If you are from one of the small number of Countries whose nationals can come under the Youth Mobility Scheme you can gain entry without a job offer. For a number of the other Tier 5 visa categories, you must have a job offer from a licensed sponsor and you must pass a points-based assessment.

The Tier 5 visa categories are as follows:

• Youth mobility scheme: For young people from Australia, Canada, Japan, New Zealand, Monaco, and Taiwan who want to come and experience life in the UK.
• Creative and Sporting: For people coming to work or perform in the UK for up to 12 months as sportspeople, entertainers or creative artists. Sportspeople must be internationally established at the highest level in your sport, and/or their job must make a significant contribution to the development and running of sport at the highest level.
• Charity Workers: For people coming to do voluntary (unpaid) work for a charity in the UK.The work must be directly related to the sponsor organisation's work.
• Religious Workers:For people coming to the UK for preaching, pastoral or non-pastoral work,or work in a religious order such as a monastery or convent.
• Government Authorised Exchange: For people coming to the UK through approved schemes that aim to share knowledge, experience and best practice, and to experience the UK's social and cultural life. This category must not be used to fill job vacancies or to bring unskilled labour to the UK.
• International Agreement: For people coming to the UK under contract to do work that is covered under international law. This includes workers under the General Agreement on Trade in Services (GATS) and similar agreements, employees of overseas governments and international organisations, and private servants in diplomatic households.

Youth Mobility Scheme

This is a good visa for young people eager to experience living and working in the UK. The Tier 5 visa allows young people from certain participating countries entry to live and work in the UK for up to two years. However, there are only a relatively small number of countries whose nationals are eligible to apply for the Tier 5 Youth Mobility visa category; These are Australia, Canada, Japan, New Zealand, Monaco, and Taiwan. Your national government will be considered your sponsor during your stay.

The youth mobility scheme is for young people from participating countries and territories who want to come and experience life in the UK. Every year, the UK government allocates a specific number of places for each country and territory.

The countries and territories participating in the scheme in 2012 are:

• Australia - 32,500 places
• Canada - 5,000 places
• Japan - 1,000 places
• New Zealand - 10,000 places
• Monaco - 1,000 places
• Taiwan - 1,000 places

You can also apply under the scheme if you are a:

• British overseas citizen
• British overseas territories citizen, or
• British national (overseas)

In this case, you will not need a sponsor, and there is no limit on the number of places on the scheme.

Creative and Sporting

The creative and sporting worker category is for people coming to the UK to work or perform as sportspeople, entertainers or creative artists for
up to 12 months.

If you are a sportsperson, you can only apply to extend your stay for a maximum of 12 months. If you are a creative person you can apply to extend your permission to stay in the UK as a creative worker for up to 12 months at a time, up to a maximum of 24 months.
If you are a sportsperson, you must be internationally established at the highest level in your sport, and/or your employment must make a significant contribution to the development and running of sport at the highest level in the UK. If you are a coach, you must be suitably qualified to do the job.

In order to apply under this category you must have:

• a sponsor, and
• a valid certificate of sponsorship.

Your sponsor must have an endorsement for you from the governing body for your sport, which confirms you meet the governing body's requirements to give their endorsement. The governing body must be recognised by the UK Home Office.

Charity Workers

This category is for people coming to the UK to do voluntary unpaid work for a charity. The work must be directly related to the work of your sponsor's organisation.

In order to apply for a Tier 5 visa, you must have:

• a sponsor, and
• a valid certificate of sponsorship.

You can make an application if:

• you are currently outside the UK, or
• you are already in the UK under the Tier 5 (Temporary workers - charity workers) sub-category and you want to extend your stay

However, if you are already in the UK in a different immigration category, you cannot apply to switch into the Tier 5 (Temporary workers - charity workers) sub-category.
This visa will allow you to live and volunteer in the UK for a maximum time of 12 months or the time given in your certificate of sponsorship plus 28 days, whichever is shorter.

Religious Workers

This category category is for people coming to the UK to work temporarily as a religious worker.

This includes work such as:

• preaching, pastoral work and non-pastoral work,
• work in the UK in the same way you are working in an overseas organisation, or
• work in a religious order with community which involves a permanent commitment like a monastery or convent.

In order to apply for a Tier 5 visa, you must have:

• a sponsor, and
• a valid certificate of sponsorship.

Under this visa you can live and work in the UK for a maximum time of 24 months, or the time given in your certificate of sponsorship plus 28 days, whichever is shorter. Please note, if your main reason for coming to the UK is to do preaching and pastoral work, you should apply under the minister or religion category of Tier 2.

Government Authorised Exchange

This category is for people coming to the UK through approved schemes that aim to share knowledge, experience and best practice, and to experience the social and cultural life of the UK. This category must not be used to fill job vacancies or to bring unskilled labour to the UK. Any work you do must be skilled which means it must be equivalent to NVQ or SVQ level 3 or above.

In order to apply for a Tier 5 visa, you must have:

• a sponsor, and
• a valid certificate of sponsorship.

You may be allowed to stay in the UK for up to 12 or 24 months under this category, depending on the length of time of your work as shown on your
certificate of sponsorship.

International Agreement

The international agreement category is for people coming to the UK under contract to do work that is covered under international law, including:

• the General Agreement on Trade in Services (GATS);
• similar agreements between the UK and another country;
• employees of overseas governments and international organisations; and
• private servants in diplomatic households.

In order to apply for a Tier 5 visa, you must have:

• a sponsor, and
• a valid certificate of sponsorship.

If you are given permission to stay under the international agreement category, you can live and work in the UK for a maximum of 24 months, or the time given in your certificate of sponsorship plus 28 days, whichever is shorter.
You may be able to stay for longer if you are applying as an employee of an overseas government or international organisation or as a private servant in a diplomatic household.