HSMP UK Visa, Business Visa UK : Immigration Regulations At A Glance

Officially Recognised Migration & Visa Consultant

The UK's Immigration Regulations at a Glance

Do I qualify for immigration to the UK?
Which class should I apply under?
What conditions do I need to satisfy?
How long does it take to process a visa?

In order to be eligible for permanent residence (known in the United Kingdom as Indefinite leave to Remain "ILR") you must first spend time in the United Kingdom under one of the following visa classes. The amount of time depends on which class you are successful under.

When applying for ILR you will need to show that you will continue to meet the requirements on which the Home Office originally granted your visa and that you have generally stayed in the UK for the duration of that visa (You must not spend more than 90 days per year outside the UK).You can apply for ILR one month prior to the completion of your visa. You will also be required to take the "Life in the UK" test.

After ILR is granted you should not spend longer than two years at a time outside the UK as this may lead to loss of your ILR. It is therefore normally recommended that you apply for UK citizenship after one year as a permanent resident.

There are essentially three main classes:

Skills
Family
Business

Skills

Tier 1 (General)
(replaces the Highly Skilled Migrant Programme "HSMP")

This programme is designed to allow highly skilled people to migrate to the United Kingdom to look for work or self employment opportunities.

Tier 1 (General) is a points based immigration scheme. You must score 95 points to be eligible and points are awarded according to the following categories:

10 points for English language and;
10 points for available maintenance (funds). You will be required to have available funds of at least £800.00 and to have had £2,800 during the first 3 months preceding your application and a further £1,600 for every dependant accompanying you and:
75 points for your attributes i.e. age, qualifications, UK experience, previous earnings. See clarification below.

Age - younger applicants are awarded more points.
Qualifications - A Bachelors degree or higher is required and all qualifications are based on equivalency to UK qualifications. Since 1 April 2009 a Masters degree qualification is now required. All qualifications are based on equivalency to UK qualifications.
UK Experience - Additional points are awarded if you studied and graduated at a Bachelor's degree or higher in full time education in the UK or at a UK based educational institution for at least 1 academic year and if you have work experience in the UK.
Previous earnings - Earning power is linked to your country of residence and points increase depending on your level of income. Additional points are awarded if past earnings were in the United Kingdom. Since 1 April 2009 a Masters degree qualification is now required. All qualifications are based on equivalency to UK qualifications

If you are approved under this category you are able to stay in the United Kingdom for up to 24 months to seek work or self employment opportunities. Following this, you can then apply to have your stay be extended for up to a further three years.

After 5 years of continuously living in the United Kingdom as a highly skilled migrant you may apply for ILR.

Tier 2 (General ) replaces the work permit and is also a points based immigration sceme. You must score 70 points to be eligible and points are awarded according to the following categories:

10 points for English language; and
10 points for available maintenance. You will be required to have available funds of £800: and
50 points for attributes (sponsorship, qualifications, prospective earnings)

1. Sponsorship - You will require a valid certificate of sponsorship issued by a licensed sponsor. (Employers will need to apply for a sponsor license in order to be able to employ migrants). You can score up to 50 points for your certificate of sponsorship.
2. Qualifications - 0-15 points are awarded depending on your level of qualifications; and
3. Prospective earnings - 0-20 points are awarded according to the amount of your prospective earnings.

Please note from 1 April 2009 an employer cannot sponsor a migrant under this Tier unless the job has both been advertised in Jobcentre plus and advertised using one other method permitted by the relevant code of practice.

For a FREE initial assessment of your eligibility for our services and a more detailed assessment of YOUR ELIGIBILITY UNDER THIS VISA CLASS and all other visa classes completed by our Registered Migration Agents and Licensed Immigration Advisors, please click here to proceed.
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Family

Marriage Visa.

Spouses of UK citizens or permanent residents may come to the UK under the marriage visa category and are able to work as soon as the visa is granted. The criteria are:

If you have been together for less than two years your visa is probationary for two years and at the end of the two years ILR will usually be granted.
If you have been together for more than four years outside the UK you will be granted ILR without having to live together in the UK for two years
The UK citizen must have met their non UK spouse
You must intend to live together permanently
You must have suitable accommodation and possess sufficient funds to pay you and your spouses living expenses and those of any dependants without claiming public funds. (Dependants are children of the marriage who are under 18 years of age)

If you are unmarried you need to show you have been together for two years and that it is a permanent relationship. The criteria are:

You need to show any previous relationship whether married or unmarried has ended
You must have been living together for at least two years in a relationship similar to marriage and documentary evidence will be required to confirm this.
If you have been together for less than four years the visa will be probationary for two years and at the end of that two years if you are still together ILR will usually be granted
If you have been together for four or more years outside the UK and have documentary evidence to prove this you will be granted ILR without having to live in the UK for two years
You must intend to live permanently with your partner
You must have suitable accommodation and possess sufficient funds to pay you and your partners living expenses and those of any dependants without claiming public funds. (Dependants are children of the relationship who are under 18 years of age)
The overseas unmarried partner must be over 16 years of age and the UK partner must be over 18 years.

If you are a commonwealth citizen with a UK born grandparent you should be entitled to an Ancestry visa as long as you are over 17 and able to support yourself. You will be required to provide documentation such as birth certificates and marriage certificates to support your application. The visa is granted for five years after which you may apply for ILR.

Business Visas

Tier 1 (Investor)

Investors now apply under Tier 1 (Investor) category which is a points based system with points awarded according to your ability to invest £1,000,000 according to the following criteria:

75 points - you have at least £1,000,000 held in a regulated financial institution and disposable in the UK or;
75 points - you have at least £1,000,000 held in a regulated financial institution and disposable in the UK loaned to you by a financial institution regulated by the Financial Services Authority.
You will not need to meet the separate English and maintenance requirement required for the other categories.

You are initially issued with a 24 month visa which can then be extended for a further three years provided you are eligible for 75 points according to the following criteria:

30 points - You have at least £1,000,000 held in a regulated financial institution and disposable in the UK; or
- You have at least £1,000,000 under your control held in a financial institution and disposable in the UK loaned to you by a financial institution regulated by the Financial Services Authority; or
- Your personal assets excluding liabilities are over £2,000,000.
30 points - You have invested at least £750,000 into UK government bonds, share capital or loan capital in active and trading UK companies (not including those involved principally involved in property investment).
15 points - Your investment was made within three months off being granted entry clearance and has been maintained for the whole of the remaining period of leave granted.

After 5 years in the UK you may apply for ILR.

Entrepreneur

People wishing to come to the UK to run their own business now apply under the Tier 1 (Entrepreneur category) which is also now a points based system. .Applicants must score at least 95 points according to the following categories:

10 points for English language and;
10 points for available maintenance (funds). You will be required to have available funds of £800 and;
75 points for attributes according to the following requirements:
- 25 points - You must have access to not less than £200,000;
- 25 points - Your money must be held in one or more regulated financial institutions.
- 25 points - Your money must be disposable in the UK in cash directly into one or more businesses in the UK
- 20 points - You must have either registered with HM Revenue & Customs as self employed or registered a new business of which you are the Director, or registered as the Director of an existing business.
- 15 points - You must be engaged in a business activity at the time you apply for Indefinite leave to remain.

If you were granted entry clearance under the Tier 1 (Entrepreneur) category you will initially be granted a visa for two years after which you may apply for an extension of stay as long as you are eligible for 75 points according to the following categories:

20 points - You must have invested or had invested on your behalf not less than £200,000 in cash directly into one or more businesses in the UK
20 points - Within three months of being granted entry clearance you must have either registered with HM Revenue & Customs as self employed or, registered a new business of which you are the Director, or registered as the Director of an existing business.
15 points - You must be engaged in a business activity at the time you apply for an extension of stay.
20 points - If you have established a new business or businesses they must have created the equivalent of at least two full time paid jobs in the UK and those jobs must have existed for at least 12 months; or
- If you have taken over an existing business the resulting services and investments must have resulted in the equivalent of two extra paid fulltime jobs that have existed for at least 12 months.

After a period of 5 years you may apply for ILR.

Innovator scheme

This category is now included under Tier 1 of the points based system either under the General or Entrepreneur category.
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Working Holiday Maker

This visa allows nationals of participating Commonwealth countries aged between 17 and 30 to come to the UK for up to two years and work for a total of up to 12 months.

N.B. This class is due to be replaced by the Tier 5 Youth Mobility Scheme towards the end of 2008.

Under the Youth Mobility scheme you will need to be a national of a participating country aged between 18 and 30. You must have sufficient funds to support yourself and you cannot participate if you have dependant children or have previously spent time in the UK as a working holiday maker.
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Free Eligibility Assessment

For a FREE initial assessment of your eligibility for our services and a more detailed eligibility assessment completed by our Registered Migration Agents and Licensed Immigration Advisors, please click here to proceed.

If this assessment is positive, we will then invite you to complete a more comprehensive paid Full Check Evaluation. This confidential service is an information gathering exercise and enables our immigration experts to assess your position under the official immigration regulations, without any obligation on you to proceed further.

Click here to complete an online Full Check Evaluation. Please Note:The Full Check evaluation is a paid service and fees apply.

(CAUTION: Immigration Regulations can change without advance notice. Information on this page correct as at 1st November 2008).

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