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Tier 1 Visa Introduction

The United Kingdom's Tier 1 visa immigration scheme is part of the points based system for immigration to the UK. Tier 1 visas are for eligible entrepreneurs, investors, foreign graduates of UK educational institutions and for the very small number of people who can come under the Exceptional Talent visa category. The Tier 1 visa schemes replaced various similar immigration schemes as of early 2008.

Who Can Qualify

Tier 1 is broken up into a number of sub-categories:

Tier 1 Entrepreneurs – GBP200,000 investment

Individuals who plan to invest in the UK by setting up or taking over a business, and being actively involved in running the business can come to the UK under theEntrepreneur sub-category of Tier 1. At least £200,000 of disposable capital held in a regulated financial institution is required. Foreign businessmen from outside the EU who would like to run their own business in the UK should seriously consider the UK Tier 1 Entrepreneur visa.

Tier 1 Investors – At least GBP1 Million available

Wealthy individuals who plan to make a substantial financial investment in the UK can come under the Investor sub-category of Tier 1. At least £1,000,000 of disposable funds is required. Investors are exempt from both the English language requirement and the requirement to provide further proof of the ability to support themselves and any dependants. This sub-category is designed for very wealthy individuals who wish to live in the UK.

Tier 1 - Exceptional Talent

The Tier 1 (Exceptional Talent) Visa allows you entry to live and work in the UK if you are internationally recognised as a world leader in the arts and sciences or possess potential world-leading talent in the arts or sciences. Exceptionally Talented individuals must be sponsored by a "Designated Competent Body". There is a limit of 1,000 visas per year that can be issued under this scheme. If you can speak English well and are recognised internationally for your work, it may be worth considering the Tier 1 (Exceptional Talent) Visa. However, hardly anyone qualifies for this visa category. Migrants coming to the UK under the Tier 1 Exceptional Talent visa do not need a job offer or a sponsor and are free to seek employment anywhere in the UK. You must score 75 points under a points based system to come to the UK under Tier 1 Exceptional Talent. Please note that this visa category is for a very small number of top people. Therefore hardly anyone qualifies for this category.

Tier 1 - Graduate Entrepreneur

The Tier 1 Graduate Entrepreneur category is a new visa program offered to graduates who have engaged in innovative entrepreneurial activity during their studies. You should have been identified by a UK higher education institution as having developed world class innovative ideas or entrepreneurial skills. This visa enables you to stay in the UK following your graduation to develop your business ideas. However, it is difficult to meet the requirements for this visa category; only a very small number of immigrants will qualify under this visa category.

Tier 1 - Post-Study Work – CLOSED

The Tier 1 Post-Study Work sub-category was created to allow foreign students who have studied in the UK (under the Tier 4 student visa system) to live and work in the UK following graduation without the need for a sponsor. However, this scheme officially ended on 6 April 2012. The UK Border Agency stopped processing applications for the Tier 1 (Post Study Work) visa. Those on Tier 4 student visas wishing to remain in the UK after graduation will now need to qualify for a Tier 2 visa or some other visa category. In many cases only graduates who have an offer of a skilled job from a sponsoring employer under Tier 2 of the points-based system will be able to stay and work in the UK.

The Points Based System

In each category of Tier 1, points are earned according to three sets of criteria:

• Criteria specific to each category, such as age and past experience.
• English language ability.
• Maintenance funds. Migrants need to show that they have sufficient funds for their stay in the UK. You must show that you have the following maintenance funds:

	For applications received before 14 June 2012	For applications received on or after 14 June 2012
Tier 1 applicants - entry clearance	£2,800	£3,100
Tier 1 applicants - already in the UK	£800	£900
Dependents of Tier 1 applicants who have been in the UK for less than 12 months	£1,600	£1,800
Dependents of Tier 1 applicants - all other applications	£533	£600

Tier 1 (Investor) migrants do not need to meet the maintenance funds requirement. It is felt that someone who has one million pounds available to invest in the UK will have more than sufficient funds to pay the living expenses for themselves and their family.

Migrants will be required to reach the pass mark for each of the criteria above in order to gain entry under Tier 1 and to remain in the UK when seeking renewal of their Tier 1 visa.

Documentary evidence showing a migrant's ability to claim sufficient points will be required. As per the Immigration and Asylum Act of 2006, migrants applying from abroad will have no right of appeal when denied entry, so it is important to make sure this documentation is in order.

Renewal of Leave Under Tier 1

You are eligible to apply for a Tier 1 (General) extension if you are already in the UK on a Tier 1 (General) visa. Also, you may apply for a Tier 1 extension if you are already in the UK in a category that permits switching into Tier 1 (General). This includes people who were previously on the highly skilled migrant programme (if eligible to apply under Tier 1 (General)), writers, composers, artists, and self-employed lawyers visa categories; These are all visa categories that are now in most cases closed for new applicants. Bulgarians and Romanians can still apply under the Highly Skilled Migrant Programme.

Subsequent renewals of leave under the Investor, Entrepreneur, and Exceptional Talent sub-categories can be granted for two years for eligible visa holders. It is not possible to apply for an extension of stay under the Post-Study Work sub-category. Individuals in the UK under the Post-Study Work sub-category, if they wish to remain in the UK, are required to switch to another sub-category or a different tier.

After five years, a person may apply for settlement; also known as indefinite leave to remain. However, time spent under the Post-Study Work category does not count towards the five-year requirement to apply for indefinite leave to remain.

There are certain requirements and restrictions when renewing a Tier 1 visa. Migrants must apply for the same sub-category under which they originally applied and score enough points again.

Entrepreneurs must show that an investment in business has been made and registration of the business was undertaken within three months of entry. They must be actively engaged in the business and have created 2 full time job positions for at least 12 months.

Investors must show that £750,000 was invested within three months of entry and that the investment has been maintained throughout the period of leave.

Dependants

Migrants granted leave in the UK under Tier 1 will be able to bring their dependants provided they can support them during their stay. Dependants include children under 18 years of age, spouses, civil partners, same sex partners, and unmarried partners.

Previous immigration categories
The immigration categories below closed on 29 June 2008. If you currently have permission to stay in the UK in one of these categories and you want to extend your stay, you must apply under one of the Tier 1 categories listed above. If you have been in the UK for 5 years or more under one of these closed categories, you may be able to apply to settle permanently in the UK.