Tier 1 (Graduate Entrepreneur) - Exciting new immigration route!
The new Tier 1 (Graduate Entrepreneur) scheme will be open for graduates who have been identified by
There will be a limit of 1,000 places on this scheme for the first year, which will be divided between the
Leave will be granted for 12 months, which can then be extended for a further 12 months, provided the sponsoring university is satisfied with the progress made.
Successful applicants will be expected to spend the majority of their time developing their business, but may work for up to 20 hours per week to support themselves. Dependants may join the applicant in the
Time spend on this category does not count toward settlement and at the end of the two years in this category, the migrant must switch into Tier 1 (Entrepreneur) or leave the
BIC will update clients as more information becomes available.
Changes to Settlement Criteria from April 2011
It is important to note that the rules for settlement in the UK have changed on 6 April 2011. If you want to apply for settlement after this date, you should please take note of the following:
- A new income requirement has been introduced for Tier 1 (General). These migrants will now have to meet the same income criteria that applied when they last extended their permission to stay in the UK.
- Tier 2 (General), Tier 2 (intra company transfer) or work permit holders must be paid the appropriate rates as per the Border Agency's codes of practice.
- Migrants in Tier 1 and Tier 2 must now pass the Life in the UK test. The ESOL route will not be sufficient. There are however transitional arrangements in place regarding this requirement.
- All applicants will need to be free of unspent convictions when applying for settlement.
Please contact our offices for further information.
Tier 1 Exceptional Talent
This new immigration route was created for applicants who are internationally recognised as world leaders, or potential world leading talent, in the fields of science or the arts and who wish to live and work in the UK.
How to qualify
In order to qualify under this route, the applicant must be internationally recognised in their field as a world leading talent and be endorsed as such by a specified competent body.
There is a limit for applications received from outside the UK for this permit of 1,000 permits for the period of 6 April 2011 to 5 April 2012. This is divided as follows;
- 700 endorsements are available to be allocated for the purpose of endorsing applicants with exceptional talent in the field of science.
- 300 endorsements are available to be allocated for the purpose of endorsing applicants with exceptional talent in the field of the arts.
Spouses and dependants
A Tier 1 Exceptional Talent holder can apply for their spouse, civil partner, unmarried partner and dependant children to join them in the UK.
The dependants will be granted the same period of leave as the main applicant and will be able to work without restriction in the UK.
Length of stay and right to work
The visa is initially granted for a period of three years and four months, after which the applicant can apply for an extension of the permit for another two years. The extension is subject to the applicant meeting the extension criteria, which includes the endorsement of the competent body as well as an English language requirement.
The holder of the permit can work without restriction but cannot take up employment as a doctor or dentist in training or as a professional sportsperson or sports coach.
Permanent Residence in the UK
At the end of successful completion of a five-year period on the permit, the holder can qualify to apply for permanent residence or Indefinite Leave to Remain, subject to certain requirements.
Tier 1 Post-Study Worker
The Tier 1 Post-Study Worker route has closed on 5 April 2012 to all new applicants. However, under provisions introduced by the UK Home Office, graduates who would previously been eligible under the Post-Study route will now be able to switch into Tier 2 (General), or may consider the Tier 1 (Graduate Entrepreneur) route. Please contact our offices for more information in this regard.
The information below is thus only applicable to migrants already in the UK with this type of visa.
The Tier 1 Post-Study Worker category allows international graduates, who have studied in the UK, to work in the UK for a period of two years without sponsor for the length of their Tier 1 (Post-Study Work) leave.
The aim of this category is to provide international graduates with a bridge to highly skilled or skilled work in the UK and individuals with leave in this category will be expected to switch into another part of the points-based system as soon as they are able to do so.
How to qualify
In order to qualify applicants need to have obtained a UK degree at Bachelor or Postgraduate level, or a UK Postgraduate certificate in Education or a Higher National Diploma from a Scottish institution. The application for the visa must be made within 12 months of obtaining the relevant qualification. Applicants will also need to meet an English language requirement and a requirement for maintenance funds.
Length of stay and right to work
If successful in your application, a single grant of leave for two years will be permitted, with no further grant of leave possible after this. There are no work restrictions but you may not be employed as a doctor in training whilst on this visa.
Permanent Residence
As this is a temporary visa it does not lead to permanent residence. In addition time spent in this category does not count towards eligibility for Indefinite Leave to Remain.
Tier 1 Investor
Background
The Tier 1 Investor category is available for high net worth, non-EU individuals making a substantial investment in the United Kingdom allowing them to settle more quickly than otherwise would be possible. Major investors will also enjoy more flexibility regarding settlement.
How to qualify
In order to qualify you have to have money of your own held in a regulated financial institution and disposable in the United Kingdom amounting to no less than £1,000,000. Alternatively you must own personal assets which, taking into account any liabilities to which you are subject, have a value exceeding £2,000,000. This money, amounting to no less than £1,000,000 loaned to you by a financial institution regulated by the Financial Services Authority, must be under your control and held in a regulated financial institution and disposable in the UK..
Applicants will not need to meet the English language requirement and the separate requirement for maintenance that applies to most other applicants under the points based system.
Spouses and dependants
A Tier 1 Investor applicant can apply for their spouse, civil partner, unmarried partner and dependant children to join them in the UK.
The dependants will be granted the same period of leave as the main applicant and will be able to work without restriction in the UK.
Length of stay and right to work
You will at first obtain permission to stay in the UK for three years as an investor. After three years you can apply for an extension of two years which will be granted if the UK Home Office is satisfied that you meet the requirements for the Tier 1 Investor extension application.
You have no work restrictions imposed on your stay in the UK, apart from the fact that you cannot work as a doctor in training by taking a training post within the NHS.
Permanent Residence in the UK
After five years as a Tier 1 (Investor) permit holder you should be able to apply for Indefinite Leave to Remain. If a person decides to switch over from another permit that leads to Indefinite Leave to Remain time spent in the other permit should normally be consolidated with the time spent on the Tier 1 (Investor) category. However there are exceptions and advice should be sought.
If you have invested £5 million or more in the UK you will be allowed to settle after 3 years. Should you have invested £10 million or more you will be allowed to settle after 2 years.
Major investors will also enjoy more flexibility regarding settlement as they will be allowed to spend up to 180 days (rather than 90 days) in any 12-month period outside the UK without affecting their right to settle in the UK.
Tier 1 General
Tier 1 (General) Highly Skilled Worker
Unfortunately this visa is closed for all new applicants.
This route will only be open to applicants already in the UK as Tier 1 (General) Migrants, Highly Skilled Migrants, Self-Employed Lawyers and Writers, Composers or Artists who wish to apply for extension of stay under Tier 1 (General).
Different criteria under Tier 1 (General) are applicable for an extension of stay, depending on when your initial application for entry clearance or Leave to Remain was submitted to the British High Commission or Home Office.
How to qualify for an extension of your permit
If you are at the end of your initial two or threeyear period, and were last granted leave as a Highly Skilled Migrant, Writer, Composer or Artist, Self-Employed Lawyer or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and you have not been granted leave in any other category under the rules in place since 19 July 2010, you must score at least 75 points for attributes (age, qualifications, previous earnings, UK experience).
If you do not fall into the group above, you must score at least 80 points for attributes.
In addition you must fulfill the English Language and Maintenance (Funds) requirement respectively.
Please use our assessment form to determine whether you qualify, or please contact us directly for assistance with your extension application.
Spouses and dependants
Your spouse, civil partner, unmarried partner and dependant children may apply to join you in the UK.
The dependants will be granted the same period of leave as the main applicant and will be able to work without restriction in the UK.
Permanent Residence
After five years as a Tier 1 (General) permit holder you should be able to apply for Indefinite Leave to Remain.
If a person decides to switch over from another permit that leads to Indefinite Leave to Remain that time should not be lost as it will normally be consolidated with the time spent under the Tier 1 (General) scheme.
There are exceptions to this rule so please contact our office for more information.
Tier 1 Entrepreneur
Background
The Tier 1 Entrepreneur category is available to non-EU citizens investing in the United Kingdom by setting up, or taking over, and being actively involved in the running of one or more businesses in the UK.
One of the advantages of this type of visa is that while it allows one to settle in the UK after five years, it makes it possible to settle even sooner should the applicant create 10 jobs of one year each or have a turnover of £5 million in 3 years.
A new type of visitor visa has also been created for prospective entrepreneurs, allowing them to enter the UK to secure funding and make arrangements before they transfer to a full Tier 1 (Entrepreneur) visa.
How to qualify
In order to qualify in this category you have to have £200,000 of your own money available to invest in a business in the UK. Money may be included from a third party that is available to you or the business you are running. Alternatively, the UK government will allow high-potential businesses to come to the UK with £50,000 in funding from a reputable organisation (An FSA registered venture capitalist firm, UK Government department or an entrepreneurial seeding competition recognised by UK Trade and Investment).
Entrepreneurs will also be allowed to enter the UK with a business partner, as long as they both have access to the joint funds of £200,000 or £50,000.
In addition to the criteria above, a language and maintenance requirement also has to be fulfilled.
Length of stay
The Tier 1 Entrepreneur visa is granted for a period of three years and four months, after which the applicant can apply for an extension of stay to take them up to the qualifying period to apply for Indefinite Leave to Remain.
Spouses and dependants
A Tier 1 Entrepreneur can apply for their spouse, civil partner, unmarried partner and dependant children to join them in the UK.
The dependants will be granted the same period of leave as the main applicant and will be able to work without restriction in the UK.
Permanent Residence in the UK
At the end of successful completion of a five-year period on a Tier 1 Entrepreneur visa the holder can qualify to apply for permanent residence, or Indefinite Leave to Remain, subject to certain requirements.
Entrepreneurs may be able to settle sooner should the applicant manage to create 10 jobs (for example three job positions during the first year, three during the second and four during the third year) or have a turnover of £5 million in 3 years. They will also enjoy more flexibility regarding settlement, as can spend up to 180 days each year outside the UK without affecting their right to settle in the UK.
