This Tier does not require applicants for leave to enter or remain to have a job offer in the UK. It comprises four categories: General, Entrepreneur, Investor and Post-Study Work.
Tier 1 (General)
This has replaced the HSMP for highly skilled migrants. People seeking to enter the UK in this category require entry clearance. To qualify for entry clearance they will require 75 points for a combination of attributes - made up of their qualifications, age and previous earnings. Details of how these points are scored are set out in Appendix A of the Immigration Rules.
In April of 2009 the Home Secretary made changes to the attributes requirements of Appendix A whereby only migrants whose qualifications are equivalent to a UK Masters' degree (or above) and whose previous earnings are equivalent to £20,000 (or above) will be able to achieve the necessary 75 points to qualify for entry clearance.
The age criterion operates to award more points to younger applicants and less to older applicants.
Applicants also need to have 10 points for English Language. These points are awarded by reference to the criteria listed in Appendix B of the Immigration Rules- which are (alternatively):
production of a English Language test certificate from a provider approved by the Secretary of State,
production of an academic certificate deemed by the National Recognition Information Centre for the United Kingdom (UK NARIC) to meet or exceed the recognised standard of a UK Bachelors' or Masters' Degree or a PhD, or
being a national of one of a list of countries whose first language is English, or by having obtained an academic qualification to the necessary level from one of those countries.
Lastly applicants require 10 points under Appendix C - which is concerned with the applicants' ability to maintain themselves. Currently to qualify applicants must have £2,800 to obtain the necessary 10 points.
If successful applicants for entry clearance under the Tier 1 (General) subcategory will be granted leave to enter the UK for three years, during which time they will have free access to the UK labour market, with one exception - which is that they are not allowed to take employment as a doctor in training. At the end of this period they can apply for further leave to remain in the same category or in any other Tier or sub category of the points based system.
Following completion of a total of five years' leave to remain applicants can apply for settlement in the UK - in the form of indefinite leave to remain as a Tier 1 (General) Migrant. They must meet the additional requirement at this stage of satisfying the Secretary of State that they have sufficient knowledge the English language and of life in the UK. If successful they can then apply after 12 months for UK nationality.
Tier 1 (Entrepreneur)
This sub category of Tier 1 is for business investors seeking to establish, take over or be actively involved in the running of a business. As they did under the old business Immigration Rules, applicants must have at least £200,000 to invest in a new or existing UK company. If they do they will acquire the necessary 75 points required by Appendix A of the Immigration Rules for entry clearance as a Tier 1 (Entrepreneur), and will initially be granted leave to enter for three years.
The requirements under Appendices B and C (English Language and maintenance) for Tier 1 (Entrepreneur) migrants are identical to those for Tier 1 (General) Migrants.
By the time their leave expires applicants in this sub category will have to show that their activities have created at least two new full time jobs for UK employees. Meeting these requirements will gain applicants the necessary points needed for further leave to remain, which will be for two years.
Those with leave to enter or remain as Tier 1 (Entrepreneur) Migrants are not allowed to work outside the business or businesses they have set up, taken over or joined and are not allowed to claim public funds.
After five years' leave in this subcategory Tier 1 (Entrepreneur) Migrants can apply for indefinite leave to remain. They must meet the additional requirement at this stage of satisfying the Secretary of State that they have sufficient knowledge the English language and of life in the UK. If successful they can apply for UK nationality after they have had indefinite leave to remain for 12 months.
Tier 1 (Investor)
High net worth individuals who are capable of making a substantial financial investment in the UK can apply for entry clearance as Tier 1 (Investor) Migrants. Again the requirements are very similar to those which stipulated under the previous Investor route.
To qualify for entry clearance applicants must have net assets of at least £1 million. This will gain them the necessary points under Appendix A. They are not required to meet any English Language requirement (Appendix B) nor do they need to satisfy any requirement as to maintenance (Appendix C).
After their entry to the UK Tier 1 (Investor) Migrants need to invest at least £750,000 in the UK. This money needs to be invested in UK Government bonds, share or loan capital in active and trading UK registered companies - but not in those principally engaged in property investment. Appendix A of the Immigration Rules provides details of how an applicant's assets can be taken into account to prove entitlement for entry clearance and how the necessary investment is to be made and maintained.
It is a crucial feature of the Tier 1 (Investor) sub category that the investment of at least £750,000 must be made within three months of a successful applicant's the arrival in the UK. Failure to do so will not only jeopardise the applicant's application for further leave to remain - it also entitles the UKBA to curtail leave to enter granted in this sub category.
In contrast to their predecessors - Investors - Tier 1 (Investor) Migrants are entitled to work if they wish to do so but not as a doctor in training.
Leave to enter the UK is granted for an initial period of three years, and further leave to remain - upon satisfaction of the requirements which are outlined above - for a period of two years.
As with other Tier 1 Migrants those with leave to remain in this sub category can apply for indefinite leave to remain as a Tier 1 (Investor) Migrant after completing a total of five years' leave. Although they are not required to do so at any earlier stage of their route to settlement - Tier 1 (Investor) Migrants must then meet the additional requirement of satisfying the Secretary of State that they have sufficient knowledge the English language and of life in the UK. If successful they can apply for UK nationality after they have had indefinite leave to remain for 12 months.
Tier 1 (Post-Study Work)
International Graduates who have studied in the UK can apply for leave to enter or remain as Tier 1 (Post-Study Work) Migrants. This sub category of Tier 1 replaces the International Graduates Scheme and the Fresh Talent: Working in Scotland Scheme.
To succeed applicants need to obtain 75 points for their attributes (Appendix A of the Immigration Rules) - which are scored against the qualification they have gained and the institution at which they studied for it. The necessary qualifications are a degree or a post-graduate diploma or certificate from a UK institution or a Higher National Diploma from a Scottish institution.
Additionally applicants need to have a knowledge of English language (Appendix B) at the same level as that required by Tier 1 (Entrepreneur) Migrants - although this requirement is met automatically by their UK qualification.
Tier 1 (Post-Study Work) Migrants must also meet the maintenance requirements of Appendix C, in common with those in the General and Entrepreneur sub categories.
These are £2,800 when applying for entry clearance and £800 when applying for leave to remain.
This sub category is distinct from the other sub categories of Tier 1 in that it does not provide a route to settlement. Leave to enter or remain is granted for a maximum period of two years, but the Immigration Rules permit Tier 1 (Post-Study Work) Migrants to apply for further leave to remain either in any of the other Tier 1 sub categories or as a Tier 2 Migrant.
Family members of Tier 1 Migrants
The family members of migrants in all of the sub categories of Tier 1 can apply to join their spouse, civil partner, unmarried or same sex partner or parent (if the applicant is a child under the age of 18) in the UK. They can also apply for settlement in the UK at the same time as the Tier 1 Migrant to whom they are related - but if they are related otherwise than as his or her children they must have lived with the Tier 1 Migrant in the UK for at least two years. If they do not meet this requirement they can apply for a further period of limited leave to remain of up to two years, after which they can then apply for settlement.