Immigration Solicitors UK

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Challenging Decisions Refusing ‘Adult Dependant Relatives’ Entry Clearance to the UK

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Working Visas

The rules that apply to those that are neither British nor EU nationals are now dealt with under the points based system. For ease of reference, our section on this is partly repeated here.

Tier 1 (General)

The Tier 1 (General) category is designed to allow highly skilled workers who are non British or EU nationals to either work or to seek employment or to set up in business and live in the UK.

It is a requirement of the rules that an applicant must demonstrate that they have the requisite knowledge of the English language and have sufficient funds to maintain themselves upon their initial entry to the UK. Furthermore, the applicant must score enough points as stipulated in the UK immigration rules to qualify to reside in the UK in the categories of qualifications, previous earnings, UK experience (if applicable) and age.

An applicant must score a minimum of 10 points in the English language section, 10 points in the maintenance section and a further 75 points in the categories of qualifications, previous earnings, UK experience (if applicable) and age.

If successful, the applicant will first be granted an initial period of two years leave to remain in the UK and may extend this for a subsequent three years. After the period of five years the applicant will be eligible to apply for indefinite leave to remain in the UK.

Dependents may also apply to remain on the basis of the main applicant’s application.


Tier 1 (Post study Work)

Important update: -

The UK government has announced that the post study work route will be closed from April 2012. However, those graduating with a recognised degree, PGCE or PGDE will be able to switch into Tier 2 where the normal requirements will apply except for the Resident Labour Market test.

Those currently eligible to apply for Post Study Work are those who were previously granted leave to remain in the following categories: -

  • Fresh Talent visa
  • IGS or SEGS visas
  • Students
  • Student nurses
  • Students re-sitting exams or writing up a thesis
  • Those on Tier 4 visas

An applicant must score a minimum of 10 points in the English language section, 10 points in the maintenance section and a further 75 points in the attributes criteria.

A successful applicant may remain in the UK for a period of two years in this category after which they may switch into another Tier 1 or 2 category as long as they satisfy the criteria.


Tier 2 Sponsored Skilled Workers

Our team of managed migration solicitors have experience in assisting small, medium and global organisations, as well as individual applicants, and will be happy to provide a professional service in assisting businesses and applicants in making Tier 2 applications and all related services.

Tier 2 (General) allows skilled workers who are non – EU nationals and have a job offer in the UK to work and live in the UK under the immigration points based system. In order to be eligible to apply under the Tier 2 rules the applicant must have a job offer and a certificate of sponsorship from a Home Office licensed UK based organisation who will act as their sponsor.

The applicant is also required to obtain 50 points for Attributes, 10 points for English language skills and 10 points which demonstrate that the applicant can financially maintain themselves.

The 50 Points in the Attributes section are made up as follows : -

Criterion Points
Certificate of Sponsorship 30
Appropriate salary 20

Applicants will score points for their prospective earnings and the demand within the UK for their skills. The more money that the applicant will earn, and the greater the demand for an applicant’s skills, the higher the number of points that will be scored.

Tier 2 applications may be made from inside or outside the UK. Our dedicated team of solicitors will be pleased to advise further on the eligibility of those who wish to make applications both outside of and within the UK.

As from April 6th 2011, in most cases, the job will need to be of graduate level.

Work permits may last for a maximum of five years. Should an applicant remain in the UK for five years on a work permit they are eligible to apply for indefinite leave to remain in the UK.

Tier 2 also allows for dependent partners and children of the main applicant to reside in the UK.


Employers Eligibility

An employer recruiting under the Tier 2 rules must obtain a sponsors licence before any application can be made. The employer has the responsibility of providing the Home Office with all documentation required to support the grant of a licence. Our team can provide a comprehensive service in preparing an online licence application on behalf of employers.

The employer has the responsibility of demonstrating to the Home Office that they have the required resources to keep records of the migrants they employ as stipulated in Home Office guidance. Failure to comply with this requirement may cause an employer’s licence to be revoked.

In addition to the required licence, for each non – EU national employed, the organisation must issue a certificate of sponsorship to the applicant which will outline the details and conditions of the proposed employment.

Tier 2  also contains provisions for the grant of visas  in the following categories : -

Tier 2 – Intra Company Transfers

Tier 2 – Ministers of Religion

Tier 2 – Sportspersons

Our professional team will be happy to advise on the requirements and procedures on applications in any of these categories.