NEWSFLASH: New points based system begins
The UK Border and Immigration Agency announced on the 6th February Details of Britain's new Australian-style points based immigration system (PBS) with newly published rules for highly skilled foreign workers wishing to come to the UK.
The new regulations will commence on the 29th February starting with any foreign nationals currently working in Britain who wish to extent their stay, who will now have to apply under the new points system. In April, the new system will begin to be rolled out overseas when anyone from India who wants to work in the UK as a highly skilled migrant will need to apply under PBS. By the summer the new highly skilled system will operate worldwide.
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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 applying under. Persons requesting ILR are all required to take the "Life in the UK" test.
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
The other main option is to obtain a work permit
Skills
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.
The HSMP is a points based immigration scheme. In order to qualify you must score 75 points or more and meet the English language requirement. Points are awarded according to the following five categories:
- Age - younger applicants are awarded more points
- Education - A Bachelors degree or higher is required and all qualifications are based on equivalency to UK qualifications.
- Past 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
- 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.
- MBA graduates - Graduates from the world's 50 top business schools (as defined by the UK treasury) automatically qualify for an HSMP visa.
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.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form
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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)
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form.
Unmarried partner
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.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form.
Ancestry
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.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form.
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Business Visas
Investor
This category is aimed at people wishing to come to the UK as passive investors. The criteria are:
- You must have at least GBP1,000,000 to invest in the UK and at least GBP750,000 of that must be invested in unit trusts or private companies.
- There are no restrictions on how the remaining GBP250,000 is invested.
- You cannot take any other employment besides managing your investments
- You should spend at least 50% of your time in the UK.
You are initially issued with a 24 month visa which can then be extended for a further three years provided you transfer the required funds to the UK within three months, any reduction in the value of your investment is solely due to fluctuations in share prices and your total level of investment is still in excess of GBP1,000,000.
After five years in the UK you may apply for ILR.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form.
Entrepreneur
This category is for people wishing to come to the UK to run their own business. In order to be eligible for this category you must work fulltime in the management of any type of business and fulfil the following requirements:
- You will need to show you will invest GBP200,000 in a new UK business
- Create fulltime employment for at least 2 EEA nationals
- Work solely in the business
- Have sufficient funds to accommodate and maintain yourself until the business is profitable
- Have a controlling interest in the business
- Have a share of the business's liabilities
- Implement a viable business plan
You will normally be granted a visa for two years and this can then be extended at the end of the second year for a further three years provided you can provide documentation showing the progress of the business and that the business looks viable, that the investment has been made and the required two jobs created.
After a period of five years stay in the UK you may apply for ILR.
If you are from Bulgaria or Romania you may gain entry to start any kind of business without the GBP200,000 investment requirement under the European Community Association agreement.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form.
Innovator scheme
This category is for people who have new and innovative business ideas they wish to carry out in the UK. You idea must bring considerable economic benefit to the UK. You are most likely to succeed if your idea is in the information technology or telecommunication industries. The criteria are:
- A new and innovative business idea
- Exceptional economic benefit to the UK
- Sufficient funding or agreed funding
- Create employment for at least two people.
- Significant business experience
- A 5% or more ownership in the proposed business
This category is based on a points system and points are awarded on the following basis:
- Personal characteristics - assessed on business experience, qualifications, relevant references, work experience and previous work in the UK.
- Business Plan - assessed on financial viability and commercial and technical viability.
- Economic benefit to the UK - assessed on the number of jobs created, the number of science/technology graduates who will be employed and the innovation of the idea based on such things as the introduction of new technology, processes, products etc
Your business plan will need to cover at least 18 months and will need to show in detail how the requirements will be fulfilled and evidence in support will also be required.
If successful the visa will initially be granted for up to two years and can be extended for a further three years if you are able to prove you and your dependants have been able to support yourselves for the first two years without public assistance and you have not taken any other employment; you have created at least two fulltime jobs; you own at least 5% of the business and your business has sufficient funds to continue to trade.
Towards the end of five years you may then apply for ILR.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form.
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Sole Representative Visa for Employers
If you are a genuine existing enterprise with no UK presence this category may enable you to send a member of staff to the UK. The majority of your business should however still remain overseas. The candidate should generally be a senior employee from outside the UK who is fully familiar with your business and procedures. The candidate is not able to own a majority or controlling interest in the firm of the proposed UK entity.
These visas are usually granted for two years and extended for a further three years if it can be proven that the candidate is still required as the sole representative and has been paid as the person in charge of the subsidiary. Accounts for the first year of the subsidiary will also need to be provided.
After five years in the UK the candidate may apply for ILR if they are still required to continue in the role.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form.
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Work Permit
You cannot apply directly for a work permit. Your prospective employer must apply, ideally at least eight weeks before you are required to start work.
Most positions for which work permits are obtained must first be advertised by the employer as they must prove they have been unable to find anyone for the position or have no realistic expectation of finding someone locally.
A candidate for a work permit must be suitably experienced. They must have the following:
- A UK degree equivalent qualification or
- Three years senior level experience in a relevant specified area or
- An HND level occupation entitling you to do a specific job or
- A general level qualification and 1 year relevant experience or
- Three years relevant experience and an NVQ at level 3 or above.
Advertising is not necessary by the employer in the following circumstances:
- Where the position is at board level or equivalent and a salary in excess of 250,000.00 pounds.
- A high level executive position linked to inward investment of over 250,000.00 in the UK.
- Intra-company transfer
- A position requiring someone with skills on the official shortage list. This list includes amongst others mostly engineering type jobs and health care jobs.
Extensions of work permits can be requested for up to 5 years and as with other employment based categories after you have spent five continuous years in the UK as a work permit holder you will usually become eligible for ILR subject to meeting the relevant criteria.
For a FREE initial assessment of your eligibility under this visa class please click here to proceed to our free QUICK-CHECK immigration assessment form
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Student visa
If you are enrolled in a qualifying course at a qualifying organisation in the United Kingdom you can apply for a student visa. This allows you to study fulltime and work up to 20 hours per week. Other temporary visas include the working holiday maker and the training and work experience scheme.
Free Eligibility Assessment
If you are interested in immigration to the UK please complete an online Free Immigration Assessment.
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 21st December 2007).
