The UK Immigration System

Introduction to the UK system

How to apply

Do I need to use a representative?

Home Office fees

UK Immigration Routes

Tier 1

Tier 2

Settlement

Visit Visas

UK Immigration Resources

Latest UK immigration news

Online information and forum advice

Sheffield Public Enquiry Office

Sheffield travel and accommodation

An Introduction to the UK Immigration System: 2011

There are different categories available to those individuals who wish to live and work in the UK. At White Rose Visas we specialise in Tier 1 and Tier 2 applications. We also regularly deal with ILR (PR) applications - Indefinite Leave to Remain (Permanent Residence) - and with Marriage or Fiance(e) applications.

The Points Based System (PBS) was introduced by the Labour UK government in 2008, with the aim of covering the bulk of immigration to the UK. (Some types of migrants, most notably visitors, remain outside the PBS.) Applicants must select the appropriate category within the PBS, organised around Tiers 1 to 5.

Tier 1

Tier 1 covers highly skilled migrants with no specific job offer. A Tier 1 visa enables them to work for any employer, to seek employment, or set up self employment. It replaces the pre-2008 Highly Skilled Migrant Programme (HSMP). The much loved Tier 1 General stream was closed to new applicants, as one of the major immigration changes brought in by the Conservative-Liberal UK coalition government in April 2011. In its place we now have Tier 1 Entrepreneur, Investor, and Exceptional Talent. Of these, Tier 1 Entrepreneur will be most attractive and achievable to the vast majority of prospective migrants. Tier 1 Post Study Work (PSW) is still available to those who have recently graduated from a UK University, but this category will close from April 2012.

Tier 2

Tier 2 covers highly skilled migrants who already possess a job offer. It replaces the previous work permits scheme. To apply for Tier 2, you need a sponsor - in this case, your prospective employer - who is able to issue you with a Certificate of Sponsorship (CoS). Applicants must also score further points for appropriate salary, English Language skills and maintenance. The Tier 2 visa is tied to a particular employer and if you change employers, or even jobs with the same employer, you will need to make a new application.

The 'immigration cap', also brought in by the UK government in April 2011, limits the number of Certificates of Sponsorship that UK employers are able to issue. The annual limit is 20 700, but it is important to realise that various cases are not subject to this limit, including Intra-Company Transfers (ICT), posts with a salary higher than £150k, and most cases where the new employee is applying in country. Indeed, at the time of writing, the cap seems to be having rather less of an effect than previously expected/ feared.

Tier 4

Tier 4 covers international students. Major changes are being made to this route, and more changes are planned into 2012. The net effect will be to make more demanding the conditions on studying in the UK, for example by raising the standard of English language ability required. Certain international students will lose the right to bring their dependants to the UK with them. And Tier 1 Post Study Work - which at present provides two years of leave to remain for recently graduated students to seek work within the UK, is to be closed from April 2012.

Expert Advice

Sometimes applicants have the option of applying in more than one category and it can be difficult to weigh up the benefits and costs. This difficulty is typically magnified by the recent, and ongoing, extensive changes to the UK immigration system. At White Rose Visas we are pleased to provide you with a free initial consultation to determine the best long term options for you and your family.