HSMP Forum Judicial Review: Settlement
The Home Office has now published a detailed guidance for those highly skilled migrants who should have been given an opportunity to apply for settlement in the UK after residing here for continuous 4 years.
Who are eligible to make settlement (ILR) application in accordance with this policy?
To qualify for settlement under this policy the highly skilled migrant must:
- Have received an HSMP approval letter issued on the basis of an application made before 03rd of April 2006*; and
- Have been granted entry clearance or leave to remain on the basis of that HSMP letter
- Have spent a continuous period of 4 years in the UK, of which most recent period must have been spent with leave as a highly skilled migrant or Tier 1 (G), and the remainder must be made up of leave as a work permit holder or leave as an Innovator.
- Have been able to maintain and accommodate himself and any dependants adequately without recourse to public funds
- Have been lawfully economically active in the UK in employment or self employment or in a combination of both.
* The first condition covers those cases as well whose entry clearance applications were turned down by the Entry clearance officers but those decision were then overturned by the AIT and consequently entry clearances were granted.
All such highly skilled migrants have been divided into groups and have been given remedies in accordance with their circumstances. We will now discuss each group separately:
Group I
those who have already obtained ILR (Settlement) under HSMP or Tier 1 (G) after completing 5 years of continuous residence in the UK:
These people must have obtained one year`s leave under the HSMP requirements then extended their leaves to remain by further 3 years and were subsequently required to make a second extension in order to complete 5 years in the UK.
These people will be able to claim on-off payment to cover the cost of the second extension application which would not otherwise have been required. An application for the refund of costs however should be made before 20th of May 2010.
Generally, those who obtain ILR (who are not married to British Citizens) have to wait for one year to qualify for making an application for naturalization but as these people should have been granted ILR after completing 4 years, the time that they have already spent after 4 years will therefore be taken into account and they will be able to make their naturalization applications straight away.
Please be advised that we have got considerable experience in dealing with naturalization applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter.
Group II
Those who have completed 4 years continuous residence in the UK in a qualifying category:
These people must have obtained one year`s leave under the HSMP requirements then extended their leaves to remain by further 3 years and were subsequently required to make a second extension in order to complete 5 years in the UK.
These people will be able to make their applications for settlement (ILR) after completing 4 years qualifying residence. These people will be able to claim on-off payment to cover the cost of the second extension application which would not otherwise have been required. An application for the refund of costs however should be made before 20th of May 2010.
Generally, those who obtain ILR (who are not married to British Citizens) have to wait for one year to qualify for making an application for naturalization but as these people should have been granted ILR after completing 4 years, the time that they have already spent after 4 years will therefore be taken into account and they will be able to make their naturalization applications much sooner.
Please be advised that we have got considerable experience in dealing with settlement / naturalization applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter. We also offer premium service for ILR applications.
Group III
those who have not yet completed 4 years continuous residence in the UK in a qualifying category:
These people must have obtained one year`s leave under the HSMP requirements or 2 years` leave and later extended their leaves for a further 3 or 4 years period.
These people will be able to make their applications for settlement (ILR) after completing 4 years qualifying residence.
Please be advised that we have got considerable experience in dealing with settlement applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter. We also offer premium service for ILR applications.
Group IV
those who applied for settlement after 4 years and were refused:
There may be two sub-groups of this group i.e.
- I) Those who lodged appeals against the decisions and won their appeals and were subsequently given ILR
- ii) Those who did not appeal the refusal decision or their appeals were dismissed.
In both the above mentioned cased, migrants will be able to request for a review of their original ILR applications and if successful, they will be given ILR. In view of the fact that they would have qualified for settlement after 4 years, the time that they have spent after 4 years from the date of their leave to enter or leave to remain will be taken into account and they would be considered as having been granted ILR after 4 years.
Technically, the second sub-group may have become overstayers but now can apply for their original application to be reviewed and may therefore be given ILR on the basis of this policy.
Generally, those who obtain ILR (who are not married to British Citizens) have to wait for one year to qualify for making an application for naturalization but as these people should have been granted ILR after completing 4 years, the time that they have already spent after 4 years will therefore be taken into account and they might be able to make their naturalization applications much sooner.
Please be advised that we have got considerable experience in dealing with settlement / naturalization applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter.
Group V
Those who have completed 4 years continuous residence in the UK in a qualifying category and have submitted an application for Further Leave to Remain:
These people must have obtained one year`s leave under the HSMP requirements then extended their leaves to remain by further 3 years and have made their application for further leave to remain in order to complete 5 years continuous residence in the UK, which is still under consideration.
The Home Office will contact these people and invite them to vary their applications to an ILR application under the terms of this policy.
Other Important Points:
In all the above mentioned cases, migrants or their dependants are not required to pass life in the UK test (i.e. Knowledge of language and life in the UK).
Those who fall under HSMP Forum Judicial Review Policy document of July 2008 must first apply in accordance with that policy and then can apply for ILR in accordance with the terms of this policy. Please be advised that the deadline for those who want to switch back to HSMP under the Policy Document of July 2008 is 31st of July 2009 and if you have already completed 4 years or are close to completing 4 years in a qualifying category, we strongly advise you to apply for re-instatement of HSMP at your earliest to be able to apply for ILR under the terms of this policy.
What ever application you wish to make, we will be pleased to advise, represent and provide our services.
HSMP Forum Judicial Review: Settlement
The Home Office has now published a detailed guidance for those highly skilled migrants who should have been given an opportunity to apply for settlement in the UK after residing here for continuous 4 years.
Who are eligible to make settlement (ILR) application in accordance with this policy?
To qualify for settlement under this policy the highly skilled migrant must:
- Have received an HSMP approval letter issued on the basis of an application made before 03rd of April 2006*; and
- Have been granted entry clearance or leave to remain on the basis of that HSMP letter
- Have spent a continuous period of 4 years in the UK, of which most recent period must have been spent with leave as a highly skilled migrant or Tier 1 (G), and the remainder must be made up of leave as a work permit holder or leave as an Innovator.
- Have been able to maintain and accommodate himself and any dependants adequately without recourse to public funds
- Have been lawfully economically active in the UK in employment or self employment or in a combination of both.
* The first condition covers those cases as well whose entry clearance applications were turned down by the Entry clearance officers but those decision were then overturned by the AIT and consequently entry clearances were granted.
All such highly skilled migrants have been divided into groups and have been given remedies in accordance with their circumstances. We will now discuss each group separately:
Group I
those who have already obtained ILR (Settlement) under HSMP or Tier 1 (G) after completing 5 years of continuous residence in the UK:
These people must have obtained one year`s leave under the HSMP requirements then extended their leaves to remain by further 3 years and were subsequently required to make a second extension in order to complete 5 years in the UK.
These people will be able to claim on-off payment to cover the cost of the second extension application which would not otherwise have been required. An application for the refund of costs however should be made before 20th of May 2010.
Generally, those who obtain ILR (who are not married to British Citizens) have to wait for one year to qualify for making an application for naturalization but as these people should have been granted ILR after completing 4 years, the time that they have already spent after 4 years will therefore be taken into account and they will be able to make their naturalization applications straight away.
Please be advised that we have got considerable experience in dealing with naturalization applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter.
Group II
those who have completed 4 years continuous residence in the UK in a qualifying category:
These people must have obtained one year`s leave under the HSMP requirements then extended their leaves to remain by further 3 years and were subsequently required to make a second extension in order to complete 5 years in the UK.
These people will be able to make their applications for settlement (ILR) after completing 4 years qualifying residence. These people will be able to claim on-off payment to cover the cost of the second extension application which would not otherwise have been required. An application for the refund of costs however should be made before 20th of May 2010.
Generally, those who obtain ILR (who are not married to British Citizens) have to wait for one year to qualify for making an application for naturalization but as these people should have been granted ILR after completing 4 years, the time that they have already spent after 4 years will therefore be taken into account and they will be able to make their naturalization applications much sooner.
Please be advised that we have got considerable experience in dealing with settlement / naturalization applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter. We also offer premium service for ILR applications.
Group III
those who have not yet completed 4 years continuous residence in the UK in a qualifying category:
These people must have obtained one year`s leave under the HSMP requirements or 2 years` leave and later extended their leaves for a further 3 or 4 years period.
These people will be able to make their applications for settlement (ILR) after completing 4 years qualifying residence.
Please be advised that we have got considerable experience in dealing with settlement applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter. We also offer premium service for ILR applications.
Group IV
those who applied for settlement after 4 years and were refused:
There may be two sub-groups of this group i.e.
- I) Those who lodged appeals against the decisions and won their appeals and were subsequently given ILR
- ii) Those who did not appeal the refusal decision or their appeals were dismissed.
In both the above mentioned cased, migrants will be able to request for a review of their original ILR applications and if successful, they will be given ILR. In view of the fact that they would have qualified for settlement after 4 years, the time that they have spent after 4 years from the date of their leave to enter or leave to remain will be taken into account and they would be considered as having been granted ILR after 4 years.
Technically, the second sub-group may have become overstayers but now can apply for their original application to be reviewed and may therefore be given ILR on the basis of this policy.
Generally, those who obtain ILR (who are not married to British Citizens) have to wait for one year to qualify for making an application for naturalization but as these people should have been granted ILR after completing 4 years, the time that they have already spent after 4 years will therefore be taken into account and they might be able to make their naturalization applications much sooner.
Please be advised that we have got considerable experience in dealing with settlement / naturalization applications and can advise and represent our clients in making such applications. Any one, who is not sure about his eligibility, is advised to contact our office for a detailed consultation on this matter.
Group V
Those who have completed 4 years continuous residence in the UK in a qualifying category and have submitted an application for Further Leave to Remain:
These people must have obtained one year`s leave under the HSMP requirements then extended their leaves to remain by further 3 years and have made their application for further leave to remain in order to complete 5 years continuous residence in the UK, which is still under consideration.
The Home Office will contact these people and invite them to vary their applications to an ILR application under the terms of this policy.
Other Important Points:
In all the above mentioned cases, migrants or their dependants are not required to pass life in the UK test (i.e. Knowledge of language and life in the UK).
Those who fall under HSMP Forum Judicial Review Policy document of July 2008 must first apply in accordance with that policy and then can apply for ILR in accordance with the terms of this policy. Please be advised that the deadline for those who want to switch back to HSMP under the Policy Document of July 2008 is 31st of July 2009 and if you have already completed 4 years or are close to completing 4 years in a qualifying category, we strongly advise you to apply for re-instatement of HSMP at your earliest to be able to apply for ILR under the terms of this policy.
What ever application you wish to make, we will be pleased to advise, represent and provide our services.
Judicial Review – Home office Policy for Highly Skilled Migrants
The Home Office has now published a detailed guidance on those highly skilled migrants who were affected by the new rules published on 05th of Dec. 2006. The policy guidance gives very useful guidance on the various natures of cases and provides procedure to apply for extension of HSMP leave in accordance with the rules existed before 07th of Nov. 2006.
Who are eligible to make extension applications under the previous rules?
All those highly skilled migrants who obtained their HSMP approval letter under the rules in place before 07th of Nov. 2006 and who were given entry clearance or leave to remain on the basis of that HSMP approval letter.
Following is a list of such people who will benefit from the new policy:
- Those who applied for extension and got refused but did not go back (“overstayers”).
- Those who applied for extension and got refused and later switched to some other immigration category.
- Those who applied for extension got refused and left the UK.
- Those who applied for extension got refused and their case is still pending in appeals or judicial review.
- Those who did not apply for extension and switched to some other immigration category.
- Those who did not apply for extension and went back and returned on a different immigration category.
- Those who did not apply for extension and went back and are still there.
Broadly speaking we can divide the highly skilled migrants into two separate categories i.e.
A. Those that applied for extension and got refused.
B. Those who did not apply for extension.
A. Those that applied for extension for their leave to remain and got refused.
There can be three categories of such people i.e.
1. Those whose applications for FLR (HSMP) were refused and who switched to some other immigration category like work permit or Business Person visa or obtained any kind of leave to remain in the UK.
- These people can now ask the home office to review the decision.
- The home office will look at their case again and consider whether they met the requirements of extension of their leave that existed before 07th of Nov. 2006.
- They would be granted leave to remain for 3 years or for such a period enabling them to complete a total of five years of stay.
- The time that they have spent on any leave would be counted towards the five year settlement criteria.
- The grant of leave will confer the same rights and impose the same conditions as their previous HSMP leave.
- They would not be required to pay any additional fee to the home office.
2. These that were refused and left the UK.
- These people can now ask the home office to review the decision.
- The home office will look at their case again and consider whether they met the requirements of extension of their leave that existed at 07th of Nov. 2006.
- They would be granted entry clearance for 3 years or for such a period enabling them to complete a total of five years of stay.
- The time that they have spent outside the UK would be counted towards the five year settlement criteria.
- The grant of entry clearance will confer the same rights and impose the same conditions as their previous HSMP leave.
- They would not be required to pay any additional fee to the home office or to the British Diplomatic post overseas.
3. These that have got any appeals / JR pending against the refusal of their FLR (HSMP) application
- The Home office will withdraw the immigration decision and reconsider the migrant`s case and decide whether they met the HSMP extension of stay requirements in place before 7 Nov. 2006.
- They would be further leave to remain for 3 years or for such a period enabling them to complete a total of five years of stay.
- The time that they have spent outside the UK would be counted towards the five year settlement criteria.
- The grant of leave will confer the same rights and impose the same conditions as their previous HSMP leave.
- They would not be required to pay any additional fee to the home office.
B. Those who did not apply for extension
There can also be three categories:
1. Those that switched their immigration categories and have got leave to remain
- The migrant must have switched to some other category after 07th of Nov. 2006.
- The migrant can apply for extension of his stay as a highly skilled migrant even if he is in an immigration category from which switching to TIER 1 (General) is not permitted under the Immigration rules.
- The migrant must apply before 31st of July 2009, to benefit from the extension of HSMP leave to remain.
- Consideration: The home office will consider whether the migrant meets the requirements to switch to TIER 1 (General). In addition to the requirements of TIER 1, the migrant has to provide evidence that his HSMP leave expired after 07th of Nov. 2006.
- The migrant will be granted 3 years of leave to remain or such a leave to enable him complete five years in the UK.
- The grant of leave will confer the same rights and impose the same conditions as their previous HSMP leave.
- If the migrant does not meet the TIER 1 (General) criteria, then the Home Office will consider whether the migrant meets the HSMP extension criteria and grant 3 years or such a leave to enable the migrant complete his 5 years in the UK.
- Whether migrant is given TIER 1 (General) leave or HSMP leave, all that time he has spent on any other immigration category would be counted towards their five years of stay in the UK enabling them to apply for settlement.
- They would not be required to pay any additional fee to the Home Office.
2. Those that re-entered the UK in a different immigration category
- The migrant must have gone back and returned to the UK after obtaining entry clearance for a different immigration category.
- The migrant can apply for extension of his stay as a highly skilled migrant even if he is in an immigration category from which switching to TIER 1 (General) is not permitted under the Immigration rules.
- The migrant must apply before 31st of July 2009, to benefit from the extension of HSMP leave to remain.
- Consideration: The home office will consider whether the migrant meets the requirements to switch to TIER 1 (General). In addition to the requirements of TIER 1, the migrant has to provide evidence that his HSMP leave expired after 07th of Nov. 2006.
- The migrant will be granted 3 years of leave to remain or such a leave to enable him complete five years in the UK.
- The grant of leave will confer the same rights and impose the same conditions as their previous HSMP leave.
- If the migrant does not meet the TIER 1 (General) criteria, then the Home Office will consider whether the migrant meets the HSMP extension criteria and grant 3 years or such a leave to enable the migrant complete his 5 years in the UK.
- Whether migrant is given TIER 1 (General) leave or HSMP leave, all that time he has spent on any other immigration category would be counted towards their five years of stay in the UK enabling them to apply for settlement.
- They would not be required to pay any additional fee to the Home Office.
3. Those that left the UK without making any extension of HSMP leave applications
- Those people who left the UK after 07th of Nov. 2006 may also apply for entry clearance as a highly skilled migrant.
- The deadline to make an entry clearance application is 31st of July 2009.
- The migrants must apply under TIER 1 (General) category and in addition to fulfilling the requirements they must also show that
I. Their leave expired after 07th of Nov. 2006
ii. They left the UK after 07th of Nov. 2006
iii. They would have met the old HSMP extension of stay requirements when they were in the UK
- The migrant will be granted 3 years of entry clearance or such a leave to enable him complete five years in the UK.
- The grant of leave will confer the same rights and impose the same conditions as their previous HSMP leave.
- If the migrant does not meet the TIER 1 (General) criteria, then the British Diplomatic Post will consider whether the migrant meets the HSMP extension criteria and grant 3 years or such a leave to enable the migrant complete his 5 years in the UK.
- Whether migrant is given TIER 1 (General) leave or HSMP leave, all that time he has spent on any other immigration category would be counted towards their five years of stay in the UK enabling them to apply for settlement.
- Migrants will be charged the TIER 1 (General) entry clearance free in place at the time of their application.
TIER 1 Entrepreneur
TIER 1 (Points- Based System) has already been launched and is currently active. This affects a large number of applicants who wish to apply for Tier 1 General, Business person visa (Tier 1 Entrepreneur), Investor visa (Tier 1 Investor) and the Post-study work visa.
Tier 1 (Entrepreneur)
Applicants are required to score at least 95 points in total to successfully apply for the required visa and can claim points in the following ways:
I Attributes
Initial Application
The applicant has to score 75 points under this section in the following manner:
- By providing evidence that the applicant has got access to at least £200,000:25 points (max.)
- By providing evidence that the money is being held in one or more regulated financial institutions: 25 points (max.)
- By providing evidence that the money is disposable in the UK: 25 points (max.)
The applicant must claim 75 points in total using the points earned in all of the above mentioned subsections.
Extension Application
The applicant has to score 75 points under this section in the following manner:
- By providing evidence that the applicant has invested or had invested on his behalf, not less than £200,000 in cash directly into one or more business in the UK. (Max. 20 Points).
- By providing evidence that the applicant has either registered with HM Revenue & Customs as a self employed person or registered a new business in which he is a director or registered as a director of an existing business. (Max. 20 Points). This requirement must be met within three months of grant of visa if the applicant got his last leave to remain / entry clearance under TIER 1 (Entrepreneur) and wishes to seek extension of his leave to remain.
- By providing evidence that the applicant is engaged in business activity at the time of this application for leave to remain. (Max. 15 points)
- By providing evidence that his business has created two full time positions for persons settled in the UK. (Max. 20 points). If the applicant`s last grant of leave is Tier 1 (Entrepreneur) then these two jobs must have existed for at least 12 months.
- The applicant can only claim 75 points if he can provide the relevant documentary evidence and claim points under all of the sub sections mentioned above.
II English Language
For Tier 1 (Entrepreneur), applicants are required to provide evidence that they speak, communicate and understand English language to a certain level. This requirement can be met in one of the following three ways:
- By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
- By having a degree level qualification from an English speaking country
- By having passed an English language Test (IELTS: 6.5)
This will give 10 points to the applicant.
Following persons however will automatically be given 10 points under this section:
- Those who have leave to remain / entry clearance under Tier 1 (General) or Tier 1 (Entrepreneur) and are seeking extension of leave to remain.
- Those who have leave to remain / entry clearance under HSMP given after 05th of December 2006 and are seeking to switch to Tier 1 (Entrepreneur).
III Maintenance
Applicants need to score 10 points under this section by providing evidence confirming sufficient money for the maintenance and accommodation of themselves and any dependants. It is necessary to provide evidence that a specific amount of money was held for at least 3 months prior to making the application (initial or extension).
The applicant must provide evidence that he has got access to the following amounts of money to make the visa application for himself and his family members:
- £2800, if the applicant is making an entry clearance application from outside the UK
- £800 if the applicant is making an in-country application either to extend his existing visa or an initial application while remaining in the UK
- £1600 for each family member, in addition to the £2800 for himself, if he is being accompanied by his family members and all of them are making entry clearance applications at the relevant British Diplomatic post
- £533 for each family member, in addition to the £800 for himself, if the applicant and the family members are residing in the UK.
Please note that the applicant must have the above mentioned funds in addition to the £200,000 that he intends to invest in the business.
Source of Funding
It is no longer necessary for the applicant to show £200,000 of his own to seek entry clearance or further leave to remain under Tier 1 (Entrepreneur). He can rely on third party funding to make up the £200,000 and apply under Tier 1 (Entrepreneur). The third parties may be one of the following:
- Family members (within the UK or overseas)
- Any other investor (within the UK or overseas)
- Any corporate body (within the UK or overseas)
Please note that third party funding is only allowed to make up the £200,000 to invest in the business, the applicant must have money of his own to score points under the maintenance funds section.
Duration of Tier 1 (Entrepreneur)
First time applicants will be given 3 years visa whether they apply for entry clearance or switch from another immigration category.
Those who are already on Tier 1 (Entrepreneur) will get extension for 2 years to enable them complete five years residence in the UK and thus apply for ILR.
Work Allowed
Applicants having leave to remain or leave to enter under Tier 1 (Entrepreneur) will be allowed to work only for the business in which they have invested money. They will not be allowed to take supplementary employment. However the dependants will be allowed to seek work or engage in self employment activities for the duration of their visas. The only restriction for them is that they cannot work as Trainee Doctors in the UK.
Switching Rules
Into Tier 1 (Entrepreneur):
Following persons will be able to switch into Tier 1 (Entrepreneur):
- A highly skilled migrant
- A Tier 1 (General) migrant
- A Tier 1 (Investor) migrant
- A Tier 1 (Post – Study work) migrant
- A Business Person
- An Innovator
- A student
- A student nurse
- A student re-sitting an examination
- A student writing up a thesis
- A work permit holder
- A post graduate doctor or dentist
- A self employed Lawyer
- A writer, composer or artist
- An Investor
- A participant of IGS
- A participant of FT:WISS
Please note that the rules of switching are very strict and no one else is allowed to switch to Tier 1 (Entrepreneur) while remaining in the UK, unless there are exceptionally compassionate circumstances.
Settlement Prospects
Although applicants on the above mentioned visas are allowed to switch to Tier 1 (Entrepreneur) visa, only the following will be able to use time spent on their visas towards 5 years residence criteria for ILR.
- Person having previously stayed as a Business person
- Persons having previously stayed as an Innovator
It means that if a work permit holder having already spent 3 years on work permit, switches to Tier 1 (Entrepreneur) category, he/she will lose that 3 years time for settlement purposes and have to complete 5 years on Tier 1 (Entrepreneur) to become eligible for settlement.
Those who have completed a total of five years in a combination of Business Person visa or Innovator visa or Tier 1 (Entrepreneur) will be able to apply for indefinite leave to remain one month before completing their five years.
Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidence with the review request. It is therefore strongly advised to seek professional help when making a review request.
Appeals (In country Applications only)
Applicants whose Tier 1 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant will be allowed to make use of fresh documentary evidence / information in support of the appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.
It is strongly advised to seek independent professional assistance to lodge an appeal against a decision of the UKBA.
What services can we offer?
- We can advise on the procedure, requirements and merits of making an application to the UKBA / British Diplomatic post.
- We can provide assistance in completing the application forms and advise on the list of required documents.
- We can advise and represent our clients in making representations in support of their immigration matters.
- We can advise and represent our clients’ dependants to seek dependant visas in line with the visa of the main applicant
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason.
- We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters.
Tier 1 (Investor)
Applicants are required to score at least 75 points in total to successfully apply for this visa and can claim points in the following way:
I Attributes
Initial Application
The applicant has to score 75 points under this section that can be claimed:
Either by providing documentary evidence of having at least £1 million of one’s own money held in a regulated financial institution and disposable in the UK: 75 points (max.)
Or by providing documentary evidences of having personal assets worth more than £2 million and also having arranged a loan of £1 million from any financial institution regulated by FSA: 75 points (max.)
The applicant must claim 75 points using one of the above mentioned options to qualify for this visa.
Extension Application
The applicant has to score 75 points under this section which can be claimed:
By providing documentary evidences that the applicant has money of his own under his control in the UK amounting to not less than £1 million (Max. 30 Points).
Or
By providing documentary evidence that the applicant owns personal assets having a value exceeding £2 million and the applicant has got money under his control held in a regulated financial institution and disposable in the UK amounting to no less than £1 million that has been loaned to him by a financial institution regulated by the FSA. (Max. 30 Points).
By providing documentary evidences that the applicant has invested not less than £750,000 of his capital in the UK by way of UK Govt. bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment. (Max. 30 points)
By providing documentary evidences that the investment has been made within 3 months of obtaining entry clearance / leave to enter / leave to remain and that the investment has been maintained for the whole of the remaining period of that leave. (Max. 15 points)
Or
By providing evidence that the applicant has or was last granted entry clearance, leave to enter or leave to remain as an Investor. (Max. 15 points)
The applicant can only claim 75 points if he can provide the relevant documentary evidences and claims points in the way mentioned above.
II English Language
Tier 1 (Investor) migrants do not need to provide any evidence of their competency in English language and are exempt from this requirement.
III Maintenance
Since Tier 1 (Investor) migrants will be bringing a considerable amount of money to the UK, they are also exempt from the general requirement of providing evidence of their maintenance in the UK.
Source of Funding
If the money has been held in the bank account or portfolio for less than 3 months, then it is necessary to give evidence of the source of the savings. The source of funding can be one of the following:
- Gift
- Sale deed
- Evidence from a business
- Will
- Divorce Settlement
- Award or winnings
If the money has been held in the bank or portfolio for more than 3 months, then there is no requirement to provide source of income / savings.
Duration of Tier 1 (Investor)
First time applicants will be given 3 years visa whether they apply for entry clearance or switch from another immigration category.
Those who are on Tier 1 (Investor) will get extension for 2 years to enable them to complete five years residence in the UK and apply for ILR.
Switching Rules
Into Tier 1 (Investor):
Following persons will be able to switch into Tier 1 (Investor):
- A highly skilled migrant
- A Tier 1 (General) migrant
- A Tier 1 (Entrepreneur) migrant
- A Tier 1 (Post – Study) migrant
- A Business Person
- An Innovator
- A Tier 4 student
- A work permit holder
- A writer, composer or Artist
- An Investor
Please note that the rules of switching are very strict and no one else is allowed to switch to Tier 1 (Investor) while remaining in the UK, unless there are exceptionally compassionate circumstances.
Dependants
Tier 1 (Investor) migrants will be able to invite their spouse / unmarried partner / civil partner and children under 18 years of age to join them as dependants. The dependants will be given full rights to work in the UK apart from working as a Trainee Doctor.
Settlement
Although the persons on the above mentioned visas are allowed to switch to Tier 1 (Investor) visa, only those persons whose previous leave to remain was under investor category will be able to use time spent on their visas towards 5 years residence criteria for ILR.
It means that if a work permit holder having already spent 3 years on work permit, switches to Tier 1 (Investor) category, they will lose that 3 years for settlement purposes and have to complete 5 years on Tier 1 (Investor) to become eligible for permanent residence.
Those who have completed a total of five years in a combination of Investor or Tier 1 (Investor) visa will be able to apply for indefinite leave to remain 28 days before completing their five years.
Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.
It is therefore strongly advised to seek professional help when making a review request.
Appeals (In country Applications only)
The applicants whose Tier 1 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant will be allowed to make use of fresh documentary evidence / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.
It is strongly advised to seek professional assistance to lodge an appeal against any decision of UKBA.
What services can we offer?
- We can advise on the procedure, requirements and merits of making an application t o UKBA /a British Diplomatic post.
- We can provide assistance in completing the application forms and advise on the list of required documents.
- We can advise and represent our clients in making representations in support of their immigration matters.
- We can advise and represent our clients’ dependant s to seek dependant visas in line with the visa of the main applicant.
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason.
- We can advise in making permanent residence (ILR) applications for those who have already completed their five years residence period in the UK.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.
Post Study work visa
This sub- category of TIER 1 is for students who have done a Bachelors degree, a Masters degree or a PHD from a recognized or listed body in the UK.HNDs from Scottish institutions are also eligible. Successful applicants are allowed to live and work in the UK for 24 months without restriction.
Those who are currently on IGS having obtained their leave to remain for one year would be allowed to obtain further leave to remain for another year in line with the new Post-Study work visa. Their applications are dealt with under the Transitional measures that are now in place and which are part of the published policy guidance for this category.
As with other categories of Tier 1, applicants are required to claim 75 points under attributes, 10 points under English language and 10 points for their maintenance.
The distribution of points would be as follows:
Attributes (from 01.04.2009)
1. Having successfully completed one of the following: 20 Points
- A UK recognized degree at Bachelors level; or
- A UK recognized degree at post graduate level; or
- A UK post graduate certificate in education (PGCE); or
- An HND from a Scottish Institution
2. Having completed one of the above mentioned courses / degree at a UK institution that is either a recognized or listed body - 20 points.
3. Having obtained the above mentioned qualification whilst in the UK with valid student leave or as a dependant of someone with valid leave in an immigration category permitting the bringing in of dependants - 20 points.
4. Having made the application within 12 months of obtaining the eligible qualification - 15 points.
English language
All applicants who successfully claim 75 points as indicated above, would be deemed to have a sufficient level of English and thus would automatically be given 10 points under this section.
Maintenance
If an applicant would like to switch to the post-study work category while remaining inside the UK, he would be expected to have at least £800 maintenance funds and a further £533 for each dependant. This money must have been held for the three months prior to application.
If a person is seeking entry clearance the amount required for maintenance would be £2800 for the main applicant and 2/3 of this amount for the first dependant and further 1/3 of the amount for each further dependant - 10 points.
Successful applicants would be free to seek employment or engage in self employment activities without having a sponsor. But unlike the other highly skilled sub-categories, this category exists only to provide a bridge to highly skilled or skilled work. People with post study work leave will be expected to switch into another part of the points system as soon they are able to do so.
It would not be possible to extend the visa for more than a total of 2 years, and the time period spent in this category would not be counted towards the threshold for being eligible to apply settlement. However, Post-study workers can return to their student visas, if they wish to continue their studies in the UK subsequently.
For further information and free assessment please contact us.
Licence under TIER 2,
The new point based system is going to be launched in full from 27th of Nov. 2008 that is going to affect all those who are residing in the UK on work permits and also those who are looking to get one.
Now the employer who wishes to employ an overseas national must have to now obtain a licence from the home office. There are various requirements for various natures of establishments that they need to be fulfilled before being considered for the issuance of a licence by the home office.
1. Who can apply for the licence?
Any establishment in the UK can make an application, if they are considering sponsoring overseas nationals to work in the UK (TIER 2) or if they wish to become a sponsor for Temporary workers (TIER 5) or if they wish to enrol students in their educational establishments (Tier 4).
2. Fees
The establishment who wishes to apply for a licence need to pay a fee to the UKBA for the processing of its application. It is £1000 for large establishments and £300 for small businesses.
3. Procedure after submitting the application
The establishments need to make an application for a licence by filling out the on line application available at UKBA website and then sending the required documents in original together with the appropriate fee. This can only be done by a person authorised to make this application as legal representatives cannot make this application on behalf of the establishments.
The action plan of the home office, on receipt of the completed and signed application form and the payment for processing the application, is to consider the application under the specified criteria, consider whether they require visiting the business premises of the applicant or require further documentary evidences from the applicant and then give their decision. The decision can be one of the following:
- Issuance of a licence giving the establishment an A rating
- Issuance of Licence giving the establishment a B rating; with action plan how they can be upgraded to an A rating
- Refusing the application giving detailed reasons.
Once the application processed and the UKBA approves the application, a licence will be issued to the
Establishment giving them A or B ratings. This licence will be valid for 4 years time and the establishment must renew the licence if they wish to continue to employer the overseas nationals or wish to employ more persons using the sponsorship process.
- A – Rating: This rating will be given to those establishments who fulfil all the requirements of the application and pose no threat or risk to the aims of the management migration. The Employers having an A rating will enjoy benefits of using all the options and also be able to certify its prospective employees for maintenance purposes. This means that its employees (overseas) will not be required to fulfil the maintenance part of their application under sponsorship, if they have been sponsored by an A rated employer.
- B- Rating: This rating is given to those establishments who pose a risk to the aims of the management migration and they have got some lackings in their documentations. Any B rated establishment could apply for being upgraded to A rate and an A rated establishment could also be down graded to a B – rating due to various factors.
Once a license is issued, the establishment will then be able to issue sponsorship certificates to its prospective employees who will then need to use the certificate to obtain leave to remain or entry clearance in line with the said sponsorship certificate.
4. Persons Involved in the Sponsorship Process:
- Authorising officer: This must be the person who is a responsible and competent person in the establishment and is willing to take full responsibility throughout the process of obtaining licence for the establishment and also in issuing sponsorships to the prospective employees of the establishment. This person is responsible for all acts / omissions / performances / non performances done by the following three personals.
- Key Contact person: This can be the AO or any other person working for the company or even the Legal Representative (An OISC registered Advisor or a Solicitor) of the Establishment.
- Level 1 User: This can be the AO or any other person working for the company or even the Legal Representative of the Establishment. This person enjoys vast authority of communication with the UKBA and is also allowed to use the management system in full, as authorised by the AO (if he is a different person).
- Level 2 User: This can be the AO or any other person working for the company or even the Legal Representative of the Establishment. This person`s activities are limited to the issuance of the sponsorship certificate and also to report to the Home office about any migrant`s activities.
5. Sponsorship Certificate
This will be a virtual document and will be in the form of a reference number rather than a certificate or a document. This will be issued by the sponsor once the resident labour market test has been done (no need for RLMT if the position falls under shortage occupation list or it is a intra company transfer or the prospective employee has been working at the same position for at least 6 months while working on the basis of having IGS / PSW visa).
This certificate will be valid for use for three months and if the prospective employee does not use the certificate, it will automatically become invalid and the employer needs to re-issue the certificate.
6. Resident Labour Market Test
This is the process under which the employer needs to advertise the vacancy and check whether he can find any suitably qualified resident worker who is willing and able to take the job. The employer does not need to under this process if:
- The position falls under shortage occupation list
- The overseas worker is already working for the company at the same position for more than 6 months
- The establishment is sponsoring an existing employee working for their overseas branch (Intra Company Transfer).
There are however few requisites of this process that the employer must follow to issue a valid
Sponsorship certificate. We can advise and represent our clients throughout this procedure.
7. What services we can offer?
- We can advise on the procedure of making the application to obtain a licence.
- We can act as the Key Contact or Level 1 User or Level 2 User of the establishment.
- We can be in direct contact with the UKBA in regards to issuing the sponsorship certificate and update them on behalf of our client (the employer) regarding any activities of the migrant.
- We can make representations to increase the limit of the sponsorship certificates, if there is a genuine need of the business.
- We can assess the job and the applicant and advise on the likelihood of getting the applicant sponsored under Tier 2.
- We can advise the applicants on making their leave to remain / entry clearance applications in line with the sponsorship certificate.
- We can also advise the applicants for inviting his / her families on dependant visas.
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is turned down for some reason.
- We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to obtaining the licence, maintaining the licence, upgrading the licence and also in relation to the immigration matters of its existing or prospective workers.
For further information and free assessment please contact us.
TIER 2 General (Work Permit)
The new point based system is going to be launched in full from 27th of November 2008 that is going to affect all those who are residing in the UK on work permits and also those who are looking to get one.
Once a sponsorship certificate is issued, the prospective employee of the sponsor (employer) will be required to submit his / her visa application that can be made while remaining in the UK (provided he is able to switch to this category) or from outside the UK (provided he is outside the UK or unable to switch while remaining in the UK).
The UKBA has divided four main categories of applicants who will require sponsorship certificate from their sponsors and will be making their visa applications in line with the certificate i.e.
TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)
Tier 2 (General)
The applicants would be expected to score at least 70 points in total to successfully apply for the required visa and he can claim following points under the various heads:
A. Scoring Sections
I Attributes
Initial Application
The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:
Offer of Job passing Resident labour market test: 30 points (max.) or Job in Shortage
- Occupation (50 Points) or Job offered to a participant of IGS / FT: WISS or some one having a PSW visa, who has worked for 6 months for the same employer: 30 points (max.)
- Qualification : 5-15 points
- Prospective Earnings: 5 – 20 points (Minimum £17K will give 5 points while £24K will give 20 points)
The applicant must claim 50 points in total using the points earned in any of the above subsections. It is not necessary to earn minimum points in each of the above mentioned categories.
Extension Application
The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:
- Certificate of sponsorships assigned under the transitional arrangements: 50 points (max.) or Applicant was rewarded 50 points when last granted leave because the job was in a shortage occupation: 50 points, other cases where the applicant has got a sponsorship certificate: 30 Points.
- Qualification : 5-15 points
- Prospective Earnings: 5 – 20 points (Minimum £17K will give 5 points while £24K will give 20 points)
The applicant must claim 50 points in total using the points earned in any of the above subsections. It is not necessary to earn minimum points in each of the above mentioned categories.
II English Language
For Tier 2 (General), applicants would be required to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:
- By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
- By having a degree level qualification from an English speaking country
- By having passed an English language Test (IELTS: 4.0)
This will give 10 points to the applicant.
Following persons however would also be automatically given 10 points under this section:
- The one who was last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 07th of Nov. 2006.
- The one who was last granted leave under a Tier 2 category(having already provided evidence of meeting the English language requirement) and is applying for an extension within the same category
- The one who is making an application under the transitional arrangements
- The one who is making an application as a result of a change of employment where:
- The applicant has already provided evidence of meeting the English language requirements as a Tier 2 migrant
- The applicant was last granted leave as a Minister of Religion on or after 23 Aug. 2004.
III Maintenance
The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:
- Providing last 3 months bank statements showing that the balance has been maintained would be required to have at least £800 at all times; or
Get his employer (sponsor) to certify that he would take care of his maintenance and accommodation during first month of his employment in the UK. Please note that only A rated
- Sponsors would be able to certify its prospective workers for such purpose.
Transitional Measures: For the first 3 months, applicants (overseas national) would only be required to have a closing balance of £800 in their last month’s bank statements rather than having maintained this balance for the last three months.
Exemptions: Following persons having leave to remain or leave to enter in such capacity, would automatically qualify for 10 points:
- Tier 2 Migrant
- Work Permit Holders
- Jewish Agency Employee
- Member of Operational Ground Staff of an overseas owned Airline
- Minister of Religion, Missionary or Member of a Religious Order
- Representative of an overseas Newspaper, News Agency or Broadcasting Organization
- A Person who obtains points under Post Study work provisions and applies to switch to Tier 2 (General).
Maintenance for Dependants: The applicant would also be able to sponsor his dependants (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependant.
The sponsor of the applicant will also be able to certify the dependants of the prospective employee for maintenance purposes.
B. Transitional Measures
Following person who wish to extend their stay in the same capacity would be able to apply under Tier 2 (General) transitional Measures where he / she has or was last granted leave as a:
- Qualifying work permit holder
- Representative of an overseas newspaper, news agency, or broadcasting organization
- Member of the operational ground staff of an overseas owned airline
- Jewish Agency employee
- Tier 2 (General) migrant
In this case, they would be awarded 50 points in Attributes, and 10 points each in English language and maintenance section.
Please note that these transitional measures are just for those who wish to extend their stay while working for the same sponsor (employer) and at the same position. If they wish to change sponsor then they have to meet the full Tier 2 (General) criteria.
The only exception to this is for those who have got their work permits to work at the position of “Senior Case Worker”, they will have the benefit of making an application under Tier 2 (General) using the transitional arrangements even if when they wish to move to a different establishment at the same position.
C. Duration of Tier 2 (General)
The first time applicants would be given 3 years visa or according to the contract offered by the sponsor whichever is less.
Those who are already on Tier 2 (General) would be given a visa for 2 years or according to the contract offered by the sponsor whichever is less (if the application is not for change of employment).
Those who are already on Tier 2 (General) would be given a visa for 3 years or according to the contract offered by the sponsor whichever is less, if the application is for change of employment
Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years on work permit or the duration stated on the
Sponsorship certificates whichever is less.
D. Work Allowed
Applicants having leave to remain or leave to enter under the PBS Tier 2 (General) would be allowed to take supplementary employment that must meet the following criteria:
- is outside of their normal working hours;
- is no more than 20 hours per week;
- Is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued.
In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.
E. What is not allowed?
Tier 2 (General) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.
F. Switching Rules
Into Tier 2 (General):
Following persons would be able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements of the TIER 2:
- Tier 1 Migrant
- Tier 2 Migrant
- Highly Skilled Migrant
- Innovator
- Member of Operational Ground Staff of an overseas owned Airline
- Minister of Religion, Missionary or Member of a Religious Order
- Overseas Qualified Nurse or Midwife
- Participant in Fresh Talent: WISS
- Participant in the IGS
- Person writing up a Thesis
- Post graduate doctor or dentist
- Qualifying work permit holder
- Representative of an overseas newspaper, News Agency or Broadcasting organization
- Student
- Student nurse
- Student Re-sitting an examination
- Student Union Sabbatical Officer
Please note that the rules of switching are very strict and no one else would be allowed to switch to either of the above categories while remaining in the UK.
G. Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.
It is therefore strongly advised to take professional help while making grounds for making review request.
H. Appeals (In country Applications only)
The applicants whose Tier 2 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant would however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.
It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.
I. Settlement Prospects
Tier 2 workers can apply for permanent settlement in the UK on completion of total five years on sponsorship. Following persons will be allowed to use the time spent in the UK on the following visas, while most recently having a TIER 2 visa:
- Tier 1 (General / Investor / Entrepreneur)
- Highly Skilled Migrant Program
- Self employed Lawyer
- Writer, Composer or Artist
The dependants would also be allowed to apply for settlement with the main applicant.
J. What services we can offer?
- We can advise on the procedure of making the Tier 2 application in line with the sponsorship certificate.
- We can assess the job and the applicant`s details and advise on the likelihood of getting the applicant sponsored under Tier 2.
- We can advise the applicants on making their leave to remain / entry clearance applications in line with the sponsorship certificate.
- We can also advise the applicants for inviting his / her families on dependant visas.
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is turned down for some reason.
- We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of the sponsored persons.
TIER 2 Minister of Religion
The new points- based system was launched in full on the 27th of November 2008 and affects all those who are residing in the UK on work permits (or certificates of sponsorship as they are now called), and also those who are looking to get one.
Once a sponsorship certificate is issued, the prospective employee will be required to submit his / her visa application, which can be done whilst remaining in the UK (provided he/she is able to switch to this category) or from outside the UK (provided he/she is outside the UK or unable to switch whilst in the UK).
The UKBA has divided four main categories of applicants who will require sponsorship certificates from their sponsors:
TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)
TIER 2 (Minister of Religion)
Applicants would be expected to score at least 70 points in total to successfully apply for the required visa and can claim points in the following ways:
I Attributes
Initial Application
The applicant has to score 50 points under this section by having a valid sponsorship certificate from his / her sponsor. The certificate can only be granted once the Resident Labour Market requirements have been met. The following personnel can apply under Tier 2 (Minister of Religion):
- A religious minister who performs pastoral duties
- Missionary or a member of a religious order (e.g. in a monastic community or similar)
- Nuns
- Or a similar religious community involving a permanent commitment.
Extension Application
The applicant has to score 50 points under this section by having a valid sponsorship certificate from his / her sponsor, in the same way as above (except that there is no Resident Labour Market requirement if the applicant merely wishes to continue in the same job).
II English Language
For Tier 2 (Minister of Religion) applicants, it is a requirement to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:
- By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
- By having a degree level qualification from an English speaking country, or that was instructed throughout in English
- By having passed an approved English Language Test (e.g. IELTS: minimum score of 5.5)
This will score 10 points for the applicant.
The following persons would also automatically score 10 points under this section:
- Applicants who were last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP scheme in place after the 7th of November 2006
- Applicants who were last granted leave as a Tier 2 Minister of Religion
- Applicants who were granted leave as a Minister of Religion on or after 19th of April 2007.
III Maintenance
The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:
- Providing last 3 months bank statements showing that a balance of £800 has been maintained throughout; or
- The employer (sponsor) can certify that they will provide maintenance and accommodation during the first month of employment in the UK. Please note that only A -rated sponsors would be able to certify its prospective workers for this purpose.
Exemptions: The following persons having leave to remain or leave to enter in the categories listed below would automatically qualify for 10 points:
- Tier 2 Migrant
- Work Permit Holders
- Jewish Agency Employee
- Member of Operational Ground Staff of an overseas owned Airline
- Minister of Religion, Missionary or Member of a Religious Order
- Representative of an overseas Newspaper, News Agency or Broadcasting Organization
- A Person who obtains points under Post Study work provisions and applies to switch to Tier 2 (Minister of Religion).
Maintenance for Dependants: The applicant would also be able to sponsor his dependants (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependant, held for the relevant 3 month period.
The sponsor of the applicant will not be able to certify the dependants of the prospective employee for maintenance purposes.
Transitional Measures
An applicant can apply under the Tier 2 Minister of Religion transitional arrangements where he / she has, or was last granted, leave under the Minister of Religion category in existence before 27th of November 2008. This type of applicant will be automatically awarded 10 points each for English language and maintenance funds.
Duration of Tier 2 (Minister of Religion)
First time applicants would be given 3 years visa or the length of the contract offered by the sponsor, whichever is less.
Those who are already on Tier 2 (Minister of Religion) would be given a visa for 2 years or the length of the contract offered by the sponsor; whichever is less (if the application is not for change of employment).
Those who are already on Tier 2 (Minister of Religion) would be given a visa for 3 years or the length of the contract offered by the sponsor, whichever is less, if the application is for change of employment
Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years or the duration stated on the sponsorship certificate, whichever is less.
Work Allowed
Applicants having leave to remain or leave to enter under the PBS Tier 2 (Minister of Religion) would be allowed to take supplementary
Employment that must meet the following criteria:
- is outside of their normal working hours;
- is no more than 20 hours per week;
- Is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued.
In addition to the supplementary employment, applicants are also allowed to take unpaid voluntary employment.
What is not allowed?
Tier 2 (Minister of Religion) workers are not allowed to enter self-employment, establish a business or join another business as a director or partner without obtaining further permission from the UK Border Agency. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not placed on those workers who are working for a Partnership / Sole Proprietor business.
Switching Rules
Into Tier 2 (Ministers of Religion)
The following persons would be able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements of TIER 2:
- Tier 1 Migrant (General/Post-Study/Investor/Entrepreneur)
- Tier 2 Migrant
- Highly Skilled Migrant
- Innovator
- Member of Operational Ground Staff of an overseas owned Airline
- Minister of Religion, Missionary or Member of a Religious Order
- Overseas Qualified Nurse or Midwife
- Participant in Fresh Talent: WISS
- Participant in the IGS
- Person writing up a Thesis
- Post graduate doctor or dentist
- Qualifying work permit holder
- Representative of an overseas newspaper, News Agency or Broadcasting organization
- Tier 4 Student
- Student/ Student nurse
- Student Re-sitting an examination
- Student Union Sabbatical Officer
Please note that the rules of switching are very strict and no one else would be allowed to switch into either of the above categories while remaining in the UK.
Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of administrative review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidence with
The review request.
It is therefore strongly advised to seek professional help when making a review request.
Appeals (In-country Applications only)
Those applicants whose Tier 2 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant would be allowed to make use of fresh documentary evidence / information in support of the appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.
It is strongly advised to seek professional assistance to lodge an appeal against the decision of the UKBA.
Settlement Prospects
Tier 2 (Minister of Religion) workers can apply for permanent settlement in the UK on completion of a total of five years on sponsorship. The following persons will be allowed to add together time spent in the UK on the following visas, with time spent on a TIER 2 visa:
- Tier 1 (General / Investor / Entrepreneur)
- Highly Skilled Migrant Programme
- Self employed Lawyer
- Writer, Composer or Artist
Dependants would also be allowed to apply for settlement with the main applicant.
What services we can offer?
- We can advise on the procedure of making a Tier 2 application in line with the sponsorship certificate.
- We can assess the job and the applicant`s details and advise on the likelihood of getting the applicant sponsored under Tier 2.
- We can advise the applicants on making their leave to remain / entry clearance applications in line with the sponsorship certificate.
- We can also advise the applicants for inviting their families on dependant visas.
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is turned down for some reason.
We can advise on making permanent residence (ILR) applications for those who have already completed their five years period in the UK
TIER 2 Sportsperson
The new point based system is going to be launched in full from 27th of November 2008 that is going to affect all those who are residing in the UK on work permits and also those who are looking to get one.
Once a sponsorship certificate is issued, the prospective employee of the sponsor (employer) will be required to submit his / her visa application that can be made while remaining in the UK (provided he is able to switch to this category) or from outside the UK (provided he is outside the UK or unable to switch while
remaining in the UK).
The UKBA has divided four main categories of applicants who will require sponsorship certificate from their sponsors and will be making their visa applications in line with the certificate i.e.
TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)
Tier 2 (Sportsperson)
The applicants would be expected to score at least 70 points in total to successfully apply for the required visa and he can claim following points under the various heads:
A. Scoring Sections
I Attributes
Initial Application
The applicant has to score 50 points under this section that can only be claimed by having a valid sponsorship certificate from his / her sponsor. Only elite sports people and coaches who are internationally established at the highest level would be able to apply under this category. Before a sponsorship certificate can be issued, the sponsor is required to get an endorsement (a letter of confirmation) from its governing body confirming that the applicant is a highly recognized professional sports person and will make a significant contribution to the development of his / her sport at the highest level in the UK and position could not be filled by a suitable settled worker.
Extension Application
The applicant has to score 50 points under this section that can only be claimed by having a valid sponsorship certificate from his / her sponsor and a fresh endorsement from the governing body of the sponsor.
II English Language
For Tier 2 (Sportsperson), applicants would be required to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:
- By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
- By having a degree level qualification from an English speaking country
- By having passed an English language Test (IELTS: 4.0)
This will give 10 points to the applicant.
Following persons however would automatically be given 10 points under this section:
- The one who was last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 07th of November 2006.
- The one who was last granted leave under a Tier 2 (Sportsperson) category and is making an application for extension within the same category.
- The applicant who is making an application under the transitional arrangements
- The applicant who is making an application as a result of a change of employment, where
- He has already provided evidence of meeting the English language requirement as a Tier 2 migrant.
- He was last granted leave as a Minister of Religion on or after 23 August 2004.
III Maintenance
The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:
Providing last 3 months bank statements showing that the balance has been maintained would be
- required to have at least £800 at all times; or
- Get his employer (sponsor) to certify that he would take care of his maintenance and accommodation during first month of his employment in the UK. Please note that only A rated sponsors would be able to certify its prospective workers for such purpose.
Transitional Measures: For the first 3 months, applicants (overseas national) would only be required to have a closing balance of £800 in their last month’s bank statements rather than having maintained this balance for the last three months.
Exemptions: Following persons having leave to remain or leave to enter in such capacity, would automatically qualify for 10 points:
- Tier 2 Migrant
- Work Permit Holders
- Jewish Agency Employee
- Member of Operational Ground Staff of an overseas owned Airline
- Minister of Religion, Missionary or Member of a Religious Order
- Representative of an overseas Newspaper, News Agency or Broadcasting Organization
- A Person who obtains points under Post Study work provisions and applies to switch to Tier 2 (Sportsperson).
Maintenance for Dependants: The applicant would also be able to sponsor his dependants (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependant.
The sponsor of the applicant will not be able to certify the dependants of the prospective employee for maintenance purposes.
B. Transitional Measures
An applicant can apply under the Tier 2 Sportsperson transitional arrangements where he / she has, or was last granted, leave as a work permit holder. Such applicants must comply with the following conditions:
- The applicant must have a certificate of sponsorship reference number issued by a licensed sponsor; and
- The applicant must have a governing body endorsement
The applicant will be awarded 10 points each for English language and maintenance requirements.
C. Duration of Tier 2 (Sportsperson)
The first time applicants would be given 3 years visa or according to the contract offered by the sponsor whichever is less.
Those who are already on Tier 2 (Sportsperson) would be given a visa for 2 years or according to the contract offered by the sponsor whichever is less (if the application is not for change of employment).
Those who are already on Tier 2 (Sportsperson) would be given a visa for 3 years or according to the contract offered by the sponsor whichever is less, if the application is for change of employment.
Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years or the duration stated on the sponsorship certificate whichever is less.
D. Work Allowed
Applicants having leave to remain or leave to enter under the PBS Tier 2 (Sportsperson) would be allowed to take supplementary employment that must meet the following criteria:
- is outside of their normal working hours;
- is no more than 20 hours per week;
- is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued.
In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.
E. What is not allowed?
Tier 2 (Sportsperson) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.
F. Switching Rules
Into Tier 2 (Sportsperson)
Following persons would be able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements of the TIER 2:
- Tier 1 Migrant
- Tier 2 Migrant
- Highly Skilled Migrant
- Innovator
- Member of Operational Ground Staff of an overseas owned Airline
- Sportsperson, Missionary or Member of a Religious Order
- Overseas Qualified Nurse or Midwife
- Participant in Fresh Talent: WISS
- Participant in the IGS
- Person writing up a Thesis
- Post graduate doctor or dentist
- Qualifying work permit holder
- Representative of an overseas newspaper, News Agency or Broadcasting organization
- Student
- Student nurse
- Student Re-sitting an examination
- Student Union Sabbatical Officer
Please note that the rules of switching are very strict and no one else would be allowed to switch to either of the above categories while remaining in the UK.
G. Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.
It is therefore strongly advised to take professional help while making grounds for making review request.
H. Appeals (In country Applications only)
The applicants whose Tier 2 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant would however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.
It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.
I. Settlement Prospects
Tier 2 (Sportsperson) workers can apply for permanent settlement in the UK on completion of total five years on sponsorship. Following persons will be allowed to use the time spent in the UK on the following visas, while most recently having a TIER 2 visa:
- Tier 1 (General / Investor / Entrepreneur)
- Highly Skilled Migrant Program
- Self employed Lawyer
- Writer, Composer or Artist
The dependants would also be allowed to apply for settlement with the main applicant.
J. What services we can offer?
- We can advise on the procedure of making the Tier 2 application in line with the sponsorship certificate.
- We can assess the job and the applicant`s details and advise on the likelihood of getting the applicant sponsored under Tier 2.
- We can advise the applicants on making their leave to remain / entry clearance applications in line with the sponsorship certificate.
- We can also advise the applicants for inviting his / her families on dependant visas.
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is turned down for some reason.
- We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of the sponsored persons.
TIER 2 Intra-Company Transfer LINK 9
The new point based system is going to be launched in full from 27th of November 2008 that is going to affect all those who are residing in the UK on work permits and also those who are looking to get one.
Once a sponsorship certificate is issued, the prospective employee of the sponsor (employer) will be required to submit his / her visa application that can be made while remaining in the UK (provided he is able to switch to this category) or from outside the UK (provided he is outside the UK or unable to switch while remaining in the UK).
The UKBA has divided four main categories of applicants who will require sponsorship certificate from their sponsors and will be making their visa applications in line with the certificate i.e.
TIER 2 (General)
TIER 2 (Minister of Religion)
TIER 2 (Sportsperson)
TIER 2 (Intra-Company Transfer)
Tier 2 (Intra Company Transfers)
The applicants would be expected to score at least 70 points in total to successfully apply for the required visa and he can claim following points under the various heads:
A. Who can apply under TIER 2 (Intra Company Transfer)
This category is to cater for the multinational companies who wish to invite their existing employees working in their overseas branch / head office, to work in the UK. There are two requirements that must
be met before the overseas applicant applied for entry clearance under this category:
- The overseas worker must have worked for at least 6 months for that overseas branch office / head office of the UK establishment (sponsor)
- The job skill level must be at least N/SVQ 3 or above.
B. Scoring Sections
I Attributes
Initial Application
The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:
- Intra Company Transfer: 30 points (max.)
- Qualification : 5-15 points
- Prospective Earnings: 5 – 20 points (Minimum £17K will give 5 points while £24K will give 20 points)
The applicant must claim 50 points in total using the points earned in any of the above subsections. It is not necessary to earn minimum points in each of the above mentioned categories.
Extension Application
The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:
- Certificate of sponsorships assigned under the transitional arrangements: 50 points (max.) or other cases where the applicant has got a sponsorship certificate: 30 Points.
- Qualification : 5-15 points
- Prospective Earnings: 5 – 20 points (Minimum £17K will give 5 points while £24K will give 20 points)
The applicant must claim 50 points in total using the points earned in any of the above subsections. It is not necessary to earn minimum points in each of the above mentioned categories.
II English Language
For those Tier 2 (Intra Company Transfer) applicants, who apply for entry clearance for the first time: They are exempt from this requirement?
For those Tier 2 (Intra Company Transfer) applicants, whose total leave, as a result of the Tier 2 application, would not reach 3 years or more: They are exempt from this requirement?
For those Tier 2 (Intra Company Transfer) applicants who are seeking entry clearance or leave to remain that would result in extending their stay in the UK for more than 3 years: They will be required to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:
- By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
- By having a degree level qualification from an English speaking country
- By having passed an English language Test (IELTS: 4.0)
This will give 10 points to the applicant.
III Maintenance
The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:
- Providing last 3 months bank statements showing that the balance of at least £800 has been maintained at all times; or
- Get his employer (sponsor) to certify that he would take care of his maintenance and accommodation during first month of his employment in the UK. Please note that only A rated sponsors would be able to certify its prospective workers for such purpose.
Transitional Measures: For the first 3 months, applicants (overseas national) would only be required to have a closing balance of £800 in their last month’s bank statements rather than having maintained this balance for the last three months.
Maintenance for Dependants: The applicant would also be able to sponsor his dependants (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependant.
The sponsor of the applicant will not be able to certify the dependants of the prospective employee for maintenance purposes.
C. Transitional Measures
Following person who wish to extend their stay in the same capacity would be able to apply under Tier 2 (Intra Company Transfer) transitional Measures where he / she has or was last granted leave as a:
- Qualifying work permit holder (on the basis of Intra company transfer only)
- Tier 2 (Intra Company Transfer) migrant
In this case, they would be awarded 50 points in Attributes, and 10 points each in English language and maintenance sections.
D. Duration of Tier 2 (Intra Company Transfer)
The first time applicants would be given 3 years visa or according to the contract offered by the sponsor whichever is less.
Those who are already on Tier 2 (Intra Company Transfer) would be given a visa for 2 years or according to the contract offered by the sponsor whichever is less.
Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years or the duration stated on the sponsorship certificate whichever is less.
E. Work Allowed
Applicants having leave to remain or leave to enter under the PBS Tier 2 (Intra company Transfer) would be allowed to take supplementary employment that must meet the following criteria:
- is outside of their normal working hours;
- is no more than 20 hours per week;
- is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued.
In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.
F. What is not allowed?
Tier 2 (Intra Company Transfer) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.
G. Switching Rules
Into Tier 2 (Intra Company Transfer):
Switching is only allowed for applicants who have or were last granted leave as a work permit holder where that leave was last granted as an Intra Company Transferee and the applicant is still working for the same employer as he /she was at the time of that earlier grant of leave.
H. Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.
It is therefore strongly advised to take professional help while making grounds for making review request.
I. Appeals (In country Applications only)
The applicants whose Tier 2 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant would however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.
It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.
J. Settlement Prospects
Tier 2 workers can apply for permanent settlement in the UK on completion of total five years on sponsorship
The dependants would also be allowed to apply for settlement with the main applicant.
K. What services we can offer?
- We can advise on the procedure of making the Tier 2 application in line with the sponsorship certificate.
- We can assess the job and the applicant`s details and advise on the likelihood of getting the applicant sponsored under Tier 2.
- We can advise the applicants on making their leave to remain / entry clearance applications in line with the sponsorship certificate.
- We can also advise the applicants for inviting his / her families on dependant visas.
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s application is turned down for some reason.
- We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of the sponsored persons.
Tier 4 (Students) LINK 10
This category includes two sub-categories:
- General Student – for those who are coming to the United Kingdom for the post-16 education;
- Child Student – for children between 4 and 17 years old coming to the UK for their education to study at independent schools.
Students of 16 or 17 years old should agree with the chosen educational establishment either to apply for General Student or Child Student visa. It depends on the course level. If the course is considered as NQF Level 3 or above, the educational provider should advise a student on the applicable sub-category. Those studying for an English language qualification at CEFR Level A2 or above must apply as a General Student.
Educational provider means any educational establishment in the UK that is approved by UKBA and has been given a licence to bring overseas students to the United Kingdom under Tier 4 of PBS.
Scoring Sections - Attributes
The applicant should successfully claim 40 points in total i.e.:
30 points – for being accepted at a course (at an acceptable level) by an approved education provider (also known as sponsor). Your approved education provider will give you a visa letter which is an official and unconditional offer of a place on a course of study.
10 points – for having enough money to cover your course fees and monthly living costs (also known as maintenance or funds). You must show that you have held the money for at least 28 days. The end of that 28 day period must not be more than one month before the date of your application.
Visa Letter
Your approved education provider will give you a visa letter which is an official and unconditional offer of a place on a course of study.
The visa letter must be issued no more than six months before you apply. The applications where the visa letters are older than six months will be refused.
Having a visa letter does not guarantee the application will be successful. The applicant must meet all the requirements of the category and any other requirements of the immigration rules.
Maintenance or Funds
The money you need to show covers your course fees for your first year of study and living costs for up to a maximum of nine months. The amount you will need depends on whether you are applying as a child or adult and also whether you will be studying in or out of London.
You must show that you have held the money for at least 28 days. The end of that 28 day period must not be more than one month before the date of your application.
Transitional arrangements will apply for those who apply for Tier 4 visa before 30 September 2009. The applicant will only need to show proof of availability of the required funds on the day of application.
If you are using overseas currency, you must clearly mention the exchange rate applied and money in GBP.
Your study is in London if the majority of your study (more than 50% of your study time) will be in any of the following London boroughs: Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster. If you are not studying in any of these boroughs, you will be considered
as studying outside London. The address given in your visa letter will be used as proof of your main study site.
You must show the following amount of money to meet basic living costs (not including fees):
- £800 per month if you are living in London;
- £600 per month if you are living outside London.
You can prove you have the money if you have:
- cash in an account in your name (this includes joint accounts with your name); or
- a loan in your name; or
- official financial or government sponsorship.
Child students can use an account in their parent or legal guardian’s name.
If you have already paid some of your fees or accommodation before applying for your visa, this amount will be taken away from the total amount of money you need to show. For accommodation, this only applies if you are staying in university or college arranged accommodation.
Dependants
Any partners or children who want to come to the United Kingdom with you must also have documentary proof that they have enough money to support themselves.
Child students are not allowed to bring partners to the United Kingdom with them as dependants. Anyone who has any children under the age of 18 who are living with them or who they are financially responsible for, is not able to come to the United Kingdom as a child student.
Additional documents and proof for students under 18 years old
All students under 18 years old will need to get their parent(s) or legal guardian’s written consent to the care arrangements for their travel to, reception and care while in the United Kingdom, before permission to enter or stay will be given.
Extra studies
As a child or adult student, you are allowed to do extra courses, for example, evening courses or other course relevant or irrelevant to your main course of studies. You do not need permission from UKBA to do extra studies, and you do not need to tell your approved education provider. But you must make sure that the extra course does not get in the way of the course that you have permission to stay for.
Switching Rules
You can switch in to the adult student category if you have, or were last given, permission to stay in the following categories:
- skilled worker (Tier 2 General)
- intra-company transfer (Tier 2)
- minister of religion (Tier 2)
- child student (Tier 4)
- prospective student
- student
- student re-sitting an examination
- student nurses
- students writing up a thesis
- Student Union sabbatical officer
- work permit holder
- a postgraduate doctor or dentist
- participant in the SEGS
- participant in the IGS
- participant in the FT: WISS
Extension of staying
You can apply to extend your permission to stay while you are in the United Kingdom, or you can apply to extend your permission from outside the United Kingdom.
You may need a lower amount of money for your living costs. The money you need to apply for a further course of study or to complete an existing course of study will depend on the length of your course and where you will study.
This applies if you have undertaken a course of study in the United Kingdom in the last four months before you apply, and the course of study was six months or more, and you wish to apply for a further course of study or to complete an existing course of study.
Appeals (In country Applications only)
If your application for permission to stay is refused, you may be able to appeal. Details on how and if you can appeal will be included with your reasons for refusal letter.
It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.
Administrative Review (Entry clearance applications only)
If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.
It is therefore strongly advised to take professional help while making grounds for making review request.
What services we can offer?
- We can advise on the procedure of getting sponsor license for educational providers.
- We can find a proper educational establishment for your education.
- We can arrange an interview and testing at the selected educational establishment(s).
- We can carry out the enrolment procedure.
- We can advise on the law, procedure, requirements and merits of making an application to the home office / British Diplomatic post.
- We can provide assistance in completing the application forms.
- We can advise and represent our clients in making representations in support of their immigration matters.
- We can advise and represent our clients’ dependants to seek dependant visas in line with the visa of the main applicant.
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s leave to remain or entry clearance application is turned down for some reason.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.
TIER 5 Youth Mobility
Tier 5 of the new points- based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27 November 2008:
- Au pairs
- Domestic workers in Diplomatic Households
- Gap year
- China Graduate Work Experience
- General Agreement on Trade in services (GATS)
- Japan: Youth Exchange Scheme
- MP’s Research Assistants
- Ministers of religion, missionaries and members of religious orders
- Overseas government employees
- Sportspeople
- Training and Work Experience Scheme
- Voluntary workers
- Working holidaymakers
Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:
- Tier 5 (Youth Mobility)
- Tier 5 (Temporary Workers)
- Temporary workers - creative and sporting
- Temporary workers - charity workers
- Temporary workers - religious workers
- Temporary workers - government authorised exchange
- Temporary workers - international agreement
Tier 5 (Youth Mobility)
A. About the scheme
Applicants will only be able to apply for the Tier 5 (Youth Mobility) scheme once in a lifetime. Those who have previously spent time in the UK as a working holidaymaker will not be eligible for this scheme.
It should be noted that each country listed in Tier 5 (Youth Mobility) will have an annual allocation of places under this scheme. If a country exceeds its allocation ‘quota’, no further applications will be accepted from their nationals.
B. Requirements
Applicants intending to apply under this scheme will need to satisfy the following criteria:
- Be aged between 18-30
- Have no dependants
- Be sponsored by their national government if from a participating country (see Section C below)
- Demonstrate the availability of at least £1,600 in funds
- Be required to obtain entry clearance
It is important to note that individuals will not be eligible for the YMS if they have children less than 18 years of age who are living with them or for whom they provide financial support.
Applicants will need to score a total of 50 points for the above criteria which is detailed in the next section.
C. Points Assessment
Applicants will need to satisfy a point’s test and maintenance requirement under this scheme. A total score of 50 points is required in order for applicants to successfully submit an application for the Tier 5 (Youth Mobility) scheme.
Points are awarded under the following headings:
(I.) National of a country participating in the Youth Mobility Scheme – 30 points
To score points under this section, applicants will need to be a citizen of Australia, Canada, Japan, New Zealand; or a British Overseas Citizen, British Overseas Territories Citizen or a British National (Overseas)
(Ii) Age – 10 points
to score points under this section, applicants will need to be between 18 years of age and 30 years of age
(Iii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves in the UK. The requirement is to show £1,600 in their own personal bank account.
D. Visa Validity and Extension
Applicants successful under the Tier 5 (YMS) will be granted Entry Clearance valid for 2 years
YMS migrants are therefore able to stay in the UK for the full period of the 2 years.
Please note that applicants on the YMS are not entitled to extend their stay on this visa OR switch into any other immigration category whilst in the UK.
E. Applying for Entry Clearance
Applicants are able to apply for Entry Clearance under the YMS from the following places:
- applicant’s home country; or
- the country where the applicants is residing provided the entry clearance post is authorised to accept YMS applications and the applicant has been residing in that country for more than 6 months
Please note that applicants for the YMS can only apply from outside of the UK. Applications from within the UK will not be accepted.
F. What work is allowed under the YMS?
YMS migrants have the freedom to access the job market during their stay in the UK, except employment as a professional sportsperson or a doctor in training. Migrants are also permitted some self-employed activities however these are subject to conditions.
It is advised to seek advice on what types of employment/self –employment are permitted as any work or business activity which does not fall in line with the terms of the YMS will breach conditions of leave under this scheme. Further guidance is available at present on the UKBA website.
YMS migrants are also entitled to study in the UK if this is privately funded and/or engage in voluntary work and au pair placements in the UK.
G. Transitional Arrangements for those who have already applied under the schemes to be replaced by YMS
Applicants who have already obtained a valid entry clearance for the immigration schemes abolished (when the YMS was introduced) will be able to enter and re-enter the UK as per the conditions on their visa.
Applicants who have been granted six months or less leave in any of the abolished categories will be able to enter the UK on those visas. If however they leave the UK before the expiry date on their visa, they will not be entitled to re-enter as that visa will have lapsed.
Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.
H. Administrative Review
Applicants who have their applications refused under the points based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or fresh evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.
I. What services we can offer?
- We can advise on the procedure of making the Tier 5 (YMS) application.
- We can assess the applicant’s circumstances and advise on the likelihood of a valid application
- We can advise the applicants on the evidence required for the entry clearance application
We can make a request for an administrative review should the application be unsuccessful
Tier 5. Temporary Workers - creative and sporting
Tier 5 of the new points- based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27 November 2008:
- Au pairs
- Domestic workers in Diplomatic Households
- Gap year
- China Graduate Work Experience
- General Agreement on Trade in services (GATS)
- Japan: Youth Exchange Scheme
- MP’s Research Assistants
- Ministers of religion, missionaries and members of religious orders
- Overseas government employees
- Sportspeople
- Training and Work Experience Scheme
- Voluntary workers
- Working holidaymakers
Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:
- Tier 5 Youth Mobility
- Tier 5 Temporary Workers
- Temporary workers - creative and sporting
- Temporary workers - charity workers
- Temporary workers - religious workers
- Temporary workers - government authorised exchange
- Temporary workers - international agreement
Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals the opportunity to come to the UK with a job offer for a specific purpose for temporary/short term employment. The scheme consists of five subcategories to clarify the range of employment available in different industries.
All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.
All applicants applying under this scheme will require prior entry clearance, except for non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory.
Each Tier 5 (Temporary Worker) subcategory is explained below as an individual category.
Tier 5 (Temporary Workers) – Creative and Sporting
This category accommodates those who wish to work or perform as sports people, entertainers or creative artists for a maximum period of 12 months. The employment is for short engagements or contracts and is suitable for sports players, coaches, dance artists, artists in music, theatre, film or television etc.
A. Requirements
(I) Sportspeople
Applicants applying as ‘Sportspeople’ will need to be internationally established at the highest level in their industry. Their employment in the UK should also intend to make a ‘significant’ contribution to the development and operation of that particular sport in the UK.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship with an endorsement for the applicant from the relevant sports governing body. This endorsement will need to confirm the above criteria and will further need to confirm that the post could not be filled by a suitable resident worker in the UK/EU.
(ii) Creative Worker
Applicants applying as a ‘Creative Worker’ and those included in their entourage involved in dance, theatre, film or television will need to demonstrate that they are attending specific engagements in the UK and do not wish to base themselves in business in the UK.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions and that the applicant will comply with the conditions of their visa and leave the UK upon expiry of the visa.
All applicants will need to score a total of 40 points for the above criteria which is detailed in the next section.
B. Points Assessment
Applicants will need to satisfy a point’s test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following headings:
(I.) Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.
(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate either/or the following:
- At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR
- The sponsor can guarantee the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).
C. Visa Validity and Extension
Applicants successful under the Tier 5 (Temporary Workers) category will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
‘Creative Workers’ are the only exception to this condition as they are able to apply for an extension for a maximum of 12 months at a time, amounting to a total period of 24 months, provided they remain with the same sponsor.
Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK.
D. Group sponsorship certificates
Applicants are able to include their entourage when entering the UK using a ‘group’ certificate of sponsorship. The entourage can include people whose work relates to the work of an entertainer, cultural artist, sportsperson or a dramatic production. Persons included in the entourage should be able to demonstrate their technical and/or specialist skills.
E. Multiple engagements
Applicants who are required to perform/participate in several engagements or performances may need to request their employer to issue a certificate of sponsorship to cover the whole period. The maximum amount of days between each engagement should be no more than a maximum of 14 days.
However if each engagement is sponsored by individual employers, venues or promoters, each of those sponsors are able to issue a certificate of sponsorship for the purpose of covering its own show. The dates on each certificate must not overlap and again there must not be more than 14 days gap between each engagement.
F. Switching
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points based system are entitled to switch into the Tier 5
(Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK or offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).
G. Applying for Entry Clearance
Applicants are able to apply for Entry Clearance under the Tier 5 (Temporary Worker) from the following places:
- applicant’s home country; or
- any other country where the applicant is currently in a similar role as a sportsperson or creative artist
H. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting
Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.
In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.
The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.
I. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the bases that that the applicant intends to vary their leave in the UK because they have changed employment either within the same organisation or with a new organisation.
The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement.
It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.
J. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes abolished last year will be able to enter and re-enter the UK as per the conditions on their visa.
Applicants who have been granted entry clearance and their current leave to remain are for six months or more will be able to leave and re-enter the UK during their period of leave.
Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave.
Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application.
Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.
There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes and they do not lead to settlement in the UK:
- the working holidaymaker scheme;
- the Japan: Youth Exchange scheme;
- Gap year entrants working in United Kingdom schools concession.
K. Dependants of Tier 5 (Temporary Workers)
Dependants of those applying to enter as Tier 5 (Temporary Workers) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.
L. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points-based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.
M. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.
N. What services we can offer?
- We can advise on the procedure of making a Tier 5 (Temporary Workers) application in line with the sponsorship certificate.
- We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier5
- We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate
- We can advise the applicant on the procedure involved for including family on dependant visas. We can advise the applicants on the evidence required for entry clearance applications of this sort
We can make a request for an administrative review should the application be unsuccessful
Tier 5. Temporary Workers - Charity Workers
Tier 5 of the new points-based system came into force on 27 November 2008. Tier 5 enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short term or temporary employment in the UK.
Tier 5 replaced the following immigration categories on 27th November 2008:
- Au pairs
- Domestic workers in Diplomatic Households
- Gap year
- China Graduate Work Experience
- General Agreement on Trade in services (GATS)
- Japan: Youth Exchange Scheme
- MP’s Research Assistants
- Ministers of religion, missionaries and members of religious orders
- Overseas government employees
- Sportspeople
- Training and Work Experience Scheme
- Voluntary workers
- Working holidaymakers
Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:
- Tier 5 Youth Mobility
- Tier 5 Temporary Workers
- Temporary workers - creative and sporting
- Temporary workers - charity workers
- Temporary workers - religious workers
- Temporary workers - government authorised exchange
- Temporary workers - international agreement
Tier 5 (Temporary Workers)
The Tier 5 (Temporary Workers) scheme provides individuals the opportunity to come to the UK with a job offer for a specific purpose for temporary/short term employment. The scheme consists of five subcategories to clarify the range of employment available in different industries.
All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the intention to do so.
All applicants applying under this scheme will require prior entry clearance, except for non-visa nationals intending to come to the UK for a period of 3 months or less in the “Creative and Sporting” subcategory.
Each Tier 5 (Temporary Worker) subcategory is explained below as an individual category.
Tier 5 (Temporary Workers) – Creative and Sporting
This category accommodates those who wish to work or perform as sports people, entertainers or creative artists for a maximum period of 12 months. The employment is for short engagements or contracts and is suitable for sports players, coaches, dance artists, artists in music, theatre, film or television etc.
A. Requirements
(I) Sportspeople
Applicants applying as ‘Sportspeople’ will need to be internationally established at the highest level in their industry. Their employment in the UK should also intend to make a ‘significant’ contribution to the development and operation of that particular sport in the UK.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship with an endorsement for the applicant from the relevant sports governing body. This endorsement will need to confirm the above criteria and will further need to confirm that the post could not be filled by a suitable resident worker in the UK/EU.
(ii) Creative Worker
Applicants applying as a ‘Creative Worker’ and those included in their entourage involved in dance, theatre, film or television will need to demonstrate that they are attending specific engagements in the UK and do not wish to base themselves in business in the UK.
Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions and that the applicant will comply with the conditions of their visa and leave the UK upon expiry of the visa.
All applicants will need to score a total of 40 points for the above criteria which is detailed in the next section.
B. Points Assessment
Applicants will need to satisfy a point’s test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.
Points are awarded under the following headings:
(I.) Certificate of Sponsorship – 30 points
To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.
(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.
The requirement is to demonstrate either/or the following:
- At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant); OR
- The sponsor can guarantee the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).
C. Visa Validity and Extension
Applicants successful under the Tier 5 (Temporary Workers) category will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.
‘Creative Workers’ are the only exception to this condition as they are able to apply for an extension for a maximum of 12 months at a time, amounting to a total period of 24 months, provided they remain with the same sponsor.
Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK.
D. Group sponsorship certificates
Applicants are able to include their entourage when entering the UK using a ‘group’ certificate of sponsorship. The entourage can include people whose work relates to the work of an entertainer, cultural artist, sportsperson or a dramatic production. Persons included in the entourage should be able to demonstrate their technical and/or specialist skills.
E. Multiple engagements
Applicants who are required to perform/participate in several engagements or performances may need to request their employer to issue a certificate of sponsorship to cover the whole period. The maximum amount of days between each engagement should be no more than a maximum of 14 days.
However if each engagement is sponsored by individual employers, venues or promoters, each of those sponsors are able to issue a certificate of sponsorship for the purpose of covering its own show. The dates on each certificate must not overlap and again there must not be more than 14 days gap between each engagement.
F. Switching
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.
No applicants from other Tiers of the points based system are entitled to switch into the Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into
Other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK or offer applicants the opportunity to switch into any other work or study category.
No switching is permitted between the subcategories of Tier 5 (Temporary Worker).
G. Applying for Entry Clearance
Applicants are able to apply for Entry Clearance under the Tier 5 (Temporary Worker) from the following places:
- applicant’s home country; or
- any other country where the applicant is currently in a similar role as a sportsperson or creative artist
H. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting
Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.
In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.
The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.
I. Change of Employment
Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the bases that that the applicant intends to vary their leave in the UK because they have changed employment either within the same organisation or with a new organisation.
The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all important maintenance requirement.
It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.
J. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5
Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes abolished last year will be able to enter and re-enter the UK as per the conditions on their visa.
Applicants who have been granted entry clearance and their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave.
Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave.
Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application.
Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.
There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes and they do not lead to settlement in the UK:
- the working holidaymaker scheme;
- the Japan: Youth Exchange scheme;
- Gap year entrants working in United Kingdom schools concession.
K. Dependants of Tier 5 (Temporary Workers)
Dependants of those applying to enter as Tier 5 (Temporary Workers) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependant.
L. Administrative Review (Entry Clearance applications)
Applicants who have their applications refused under the points-based system are entitled to have the decision reviewed free of charge.
Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.
M. Right of Appeal
Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.
N. What services we can offer?
- We can advise on the procedure of making a Tier 5 (Temporary Workers) application in line with the sponsorship certificate.
- We can assess the job and the applicant’s credentials and advise on the likelihood of getting the applicant sponsored under Tier5
- We can advise the applicant on making their leave to remain / entry clearance applications in line with the sponsorship certificate
- We can advise the applicant on the procedure involved for including family on dependant visas. We can advise the applicants on the evidence required for entry clearance applications of this sort
We can make a request for an administrative review should the application be unsuccessful
