Tier 1: General
This route is now closed to all new applicants, whether applying from inside or outside of the UK.
Anyone who already holds a Tier 1 (general) or the previous highly skilled migrant programme visa (HSMP) is able to extend their stay based on the rules and criteria that were in place at the time they were first granted leave to remain in this category.
When recruiting an individual with a Tier 1 or HSMP visa, employers are responsible for ensuring all the employment checks are undertaken in accordance with the Employment Check Standards. You do not need to undertake a resident labour market test or issue a certificate of sponsorship prior to the individual commencing employment. It is important to check that there are no restrictions placed on the type of activity that can be undertaken on this visa.
For example, if the Tier 1 (General) visa states that the individual can undertake ‘any employment except working as a postgraduate doctor’ you cannot employ the person in a post-graduate training post unless the person transfers to another tier, such as Tier 2. At this stage, the resident labour market test will need to be evidenced and sponsorship will be needed.
Tier 1: Post-study work
This category grants individuals who have graduated from a UK university two years of leave to remain with the ability to work without a sponsor. They move into this tier from Tier 4. Prior to the two year visa expiring, candidates need to transfer into another employment route of the points based system if they wish to continue their stay and work in the UK. This is likely to be within Tier 2.
Within the NHS the majority of individuals who access this route are either pre-registration pharmacists or doctors in training, although anyone who has graduated from a UK university and meets the criteria is eligible to apply.
The UK Border Agency (UKBA) has announced their intention to close this route from April 2012. It is likely that individuals who previously accessed the post-study work visa will apply to move directly from Tier 4 into Tier 2.
Until April 2012, applicants and employers will continue to use the route in its current form. This means that employers are responsible for ensuring all the employment checks are undertaken in accordance with the Employment Check Standards but that you do not need to undertake a resident labour market test or issue a certificate of sponsorship prior to the individual commencing employment.
For information recruitment into medical or dental posts see our dedicated web page.
Tier 1: Exceptional talent
This category of Tier 1 is aimed at exceptionally talented migrants and is restricted to 1,000 visas per annum. The category has been created to support the promotion of arts, humanities and science in the UK. It is very unlikely that anyone seeking employment in the NHS will be eligible for one of these visas but further information can be found on the UK Border Agency website.