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| Visa Categories Overview of the New Tier system - Tier 1,2, 3, 4, 5
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| From Spring 2008, immigration to the UK will undergo a complete process of reform, replacing much of the current system of UK visas and UK work permits with a five tier points-based immigration service. |
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The new system will replace specialist routes to living and working in the UK such as the Highly Skilled Migrant Programme, or HSMP, and will supersede the UK work permit visa system, streamlining and rationalizing the wide variety of immigration visa services available at present.
The tier system will simplify the process of applying for a UK visa, restructuring more than 80 types of visa for immigration currently in use into a more straightforward, transparent system. |
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The new system consists of the following five categories: |
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- Tier 1 visa Migrants with desirable professional skills. - For innovators, entrepreneurs, highly skilled individuals and post-graduates in the UK, replacing the International Graduates Scheme (IGS), Innovator Visa, Entrepreneur Visa and Highly Skilled Migrant Programme (HSMP);
- Tier 2 visa Skilled workers with an offer of employment. This is for skilled workers who have a job offer. This tier will encompass the current UK Work Permit rules. skilled workers with a job offer, e.g. nurses, teachers, engineers;
- Tier 3 visa Temporary, low skilled workers. low skilled workers filling specific temporary labour shortages, e.g. construction workers for a particular project;
- Tier 4 visa Students.
- Tier 5 visa Youth mobility schemes/ temporary workers. e.g. working holiday makers or musicians coming to play a concert.
Tiers 1 and 2 of the system will offer potential routes to settlement in Britain and may lead to the opportunity to apply for Indefinite Leave to Remain in the UK (ILR), often known as permanent residency. Beyond this, subject to meeting the appropriate requirements, an applicant may be able to undergo British Naturalization as a UK citizen.
Tier 1 - highly skilled workers, investors and entrepreneurs, as well as some potentially high earning graduates. The Tier has four subcategories which reflect the kinds of people who may qualify for entry to or for leave to remain in the UK under Tier 1.
The first is Tier 1 (General), which is for highly skilled workers and replaces the Highly Skilled Migrant Program (HSMP). People in the UK who are in the UK as a Highly Skilled Migrant can apply to the UKBA to "switch" to leave to remain as a Tier 1 (General) Migrant.
The second subcategory - Tier 1 (General) Migrant. - replaces the Businesspersons route for entry and leave to remain. Similarly the third subcategory: Tier 1 (Entrepreneur) - replaces the old immigration route for Investors. The fourth subcategory: Tier 1 (Post Study Work) enables international graduates who have studied in the UK to stay on and do skilled or highly skilled work. |
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| Tier 1 is the only Tier of the points based system which is fully operational at the time of writing. Its introduction began with a statement of changes in the immigration rules in February of 2008, and by the end of June immigration rules covering each of the subcategories came into force. |
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The immigration rules provide for the family members of Tier 1 migrants to join them in the UK.
Dependants are allowed to come to the UK with the main applicant. However, they will not be allowed to work if they accompany a student under Tier 4 or a temporary worker under Tier 5 if -- in both cases -- the individual has been given less than 12 months leave to remain in the UK.
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In Tiers 2, 3, 4, 5 applicants will need to obtain a certificate of sponsorship from the relevant sponsoring body. For Tier 2 visas this would be a sponsoring British company, for Tier 3 visas the operator of a specific worker scheme, for Tier 4 visas the educational institution and for Tier 5 visas the home Government of the candidate.
All migrants applying under Tiers 2-5 will be required to have sponsorship from a licensed sponsor (an employer or educational institution). The certificate of sponsorship assures that the migrant is able to perform the particular job or course of study.
Highly skilled Tier 1 migrants do not require a job offer and thus do not require sponsorship.
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Tiers of the points based system not yet implemented |
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Tier 2 - skilled workers with a job offer. This Tier is to replace the current work permits scheme, as well as other immigration categories such as Ministers of Religion. It has three subcategories: General (for skilled workers), Intra Company Transfers (to enable a company which has a UK branch to transfer a worker from an overseas branch to its UK operations) Sportspeople and Ministers of Religion. All applicants have to be sponsored, which means that their employers must obtain a Sponsor Licence (please see above).
Tier 3 - low skilled workers filling specific temporary labour shortages, for example construction workers for a particular project. This Tier is currently suspended. The UKBA has not indicated when the Tier will be implemented (if ever).
Tier 4 - students. This Tier will replace the current student route of entry to the UK. As withTiers 2 and 5, students will have to be sponsored and so their colleges or other educational establishments have to apply for Sponsor Licences. Different visas will be issued to child and adult students.
Tier 5 - this Tier is for Temporary workers and for people on youth mobility schemes (people coming to the UK to satisfy primarily non-economic objectives). As with Tiers 2 and 4 all applicants must be sponsored.
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| The points-based system is being introduced in stages: Implementation of the tier visa system will begin in April 2008 followed by a stage by stage roll out. The new system will focus British immigration services towards attracting those candidates best equipped to contribute professional skills and experience to the British economy, to reduce the opportunities to abuse the system, and to delegate some responsibility for applicants to their sponsor. |
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Tier 1 is now fully open. Immigration rules setting out the requirements of each of the subcategories, as well as transitional provisions for work permit holders and others, came into force over the first half of 2008, with the entire system being operational from 30 June.
Tiers 2 and 5 will open at the end of November 2008. Employers who want to be able to bring in migrant workers when tiers 2 and 5 open should apply for a sponsor licence as soon as possible and in any event before 1 October 2008.
As indicated above Tier 3 is currently suspended.
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The UKBA has stated that more details about the opening date for applications under tier 4 will be announced in October 2008. However the UKBA's Sponsorship register is open now for applications from UK educational establishments which enrol students from beyond the European Economic Area (the "EEA").
It should be noted that new announcements as to the areas covered in brief on this page are constantly being made by the UKBA on its website to which links are provided above.
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The new system will not apply to temporary immigration solutions such as a UK visit visa, often known as a travel visa or tourist visa. UK visitor visas for tourists, due to their short term nature and the restrictions they place upon employment will continue to operate separately from the new tier immigration system and holders will not be able to switch into any of the five new tiers.
In addition, spouse immigration and dependent immigration will remain largely distinct from tier visas. The first two tiers of the system, along with the fourth tier in some circumstances, permit family immigration for an applicant's husband, wife, civil partner, unmarried partner and/or dependent children, in a manner similar to the current dependency visa. However, the existing categories of the marriage visa, unmarried partner visa or De Facto Visa and fiance visa will continue to be available outside the new framework.
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The existing system: |
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As a UK immigration consultancy SmartMove2UK can assist you with your relocation to the UK, whichever tier is right for you. The new system has yet to be implemented and in the meantime, our immigration consultants can provide a complete service for the range of existing UK visas and working permits available.
We can guide you at every stage from immigration lawyer advice on your initial application through to on arrival services designed to help you adjust to living and working in Britain.
To know more you can contact us by email at info@smartmove2uk.com
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