Tier 1

The points based system for assessing immigration applications was launched on Friday 29 February 2008. Tier 1 was the first to be launched and has now replaced the Highly Skilled Migrant Programme (HSMP) application route. Any individual who would have previously applied through the HSMP route will now follow the Tier 1 process when their existing permission to stay ends. All applications submitted under HSMP on or after 30 June 2008 will be returned to the applicant and will be considered invalid.

Tier 1 (General)

This part of the points based system allows highly skilled migrants to apply for permission to work or train in the UK without a job offer. Each applicant will need to gain points for different criteria to be accepted into Tier 1 (General).

Applicants to advertised posts with either an HSMP visa or Tier 1 (General) visa should be treated in the same way as UK / EEA nationals providing they have no restrictions applied on their visa which prohibit them from undertaking that particular post. NHS organisations need to be aware of the specific immigration rules that restrict international medical graduates (IMGs) access to UK post-graduate medical training under Tier 1. Employers should note that any individual with a current HSMP visa will not have to change their status to tier 1 until they wish to extend their stay.

This tier of the new system is not employer-led (employers are not required to sponsor the individual). However, individual employing organisations will need to ensure that the requirements of the Civil Penalties section of the Immigration, Asylum and Nationality Act (2006) are met as follows.

• Take a copy of the passport, travel document or Biometric ID card issued by the UK Border Agency (UKBA) which will have been endorsed to show that the holder is allowed to do the type of work in question.
• Store a copy (paper or electronic) to ensure an audit trail is established.
• Check this documentation annually.

How does the application system work?

An individual can self assess their eligibility by using the points based calculator on the UKBA website. Each applicant will need to gain points in the following areas:

75 points for attributes (age, qualifications, previous earnings and experience in the UK)

10 points for evidence of English language competence

10 points for available funds

If the applicant fails to meet the required level of points, the application will be rejected.