Highly Skilled Migrants

The rules changed for HSMP in November 2006 remain largely unchanged in Tier 1 PBS.

There remains a very specific objective basis for qualifying, in which it is essential to assemble appropriate evidence before serving the application.

Application in Tier 1 is by on-line pre-assessment followed either in-country or at UKBA posts abroad by personal attendance to file support documents and undertake biometrics process - submitting to fingerprinting and digital photographing.

No sponsorship is required except by visitors but evidence of competence in English to Level C1, CEFLL (Council of Europe) must be provided. In the case of listed majority English speaking countries of origin , this is automatic. In the (General) category of Tier 1, similar rules apply as previously in the HSMP, as revised in November 2006. Procedure will be different to the extent that the previous two-stage process will be merged, so that a successful result will issue a residence permit or visa.

In Tier 1 (General) 75 points must be scored in the Appendixes to the Immigration Rules for academic qualifications (35 for masters; 50 for PhD); previous earnings (subject to a foreign earnings multiplier); UK experience (where applicable) and youth; then 10 each for English language and minimum maintenance funds as applicable.

In Tier 1 (Entrepreneur) 75 points must be scored by access to £200k in regulated UK financial institutions plus 10 each for English Language and minimum maintenance funds.

In Tier 1 (Investor) 75 points must be scored by possession of at least £1m in a regulated UK financial institution, or £2m in net value assets plus £1m loan disposable in the UK.

In Tier 1 (Post Study Work) 75 points must be scored with a degree obtained within the last 12 months from a UK institution plus 10 points each for English Language and minimum maintenance funds.

Residence permits should be granted initially for 3 years, renewable to 5 years, then with Indefinite Leave to Remain. Administratative review is available to challenge refusal, as a rather weak alternative to re-application with new evidence. There is no legal appeals process.

MfB can advise and assist with preparation of application before formal pre-assessment; generating or evaluating support documentation; assisting with reviews and judicial review.