Uk Tier 1 Point Based System (PBS) Immigration- Recent Changes

On 22nd February’2009, the UK Home Secretary’s announced new measures that raise the qualification benchmarks for foreign workers wishing to work in the United Kingdom. Following is a brief summary of significant changes that have been introduced with effect from 31 March 2009 to Tier 1 and Tier 2 of the points based system for General Tier I applicants:

  • For Tier 1 (General) the applicant will need to have at least a master’s degree and have earned at least GBP20, 000. . The changes to Tier 1 (General) will apply to both- initial applications for entry from outside the UK and to applications to switch into Tier 1 (General) – from another category.
  • The academic and financial requirements for Tier 1 (General) and Tier 1       (Post-Study Work) will come into effect for all applications submitted on or after 31 March 2009
  • Applications for Tier 1 (General) extensions will be unaffected by the changes.
  • Changes to the resident labor market test for applications under Tier 2 will mean that skilled jobs will need to be advertised in the UK before being offered to migrant workers.
  • Changes to the Tier 1 (Post-Study Work) category mean that applicants will not be awarded points for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education.

From 31 March 2009, an employer wishing to sponsor a migrant to do a job under Tier 2 (General) will not pass the test unless the job has been:

  • advertised to settled workers in Jobcentre plus; and
  • advertised using one other method permitted by the relevant code of practice

Summary of Tier I point based system (PBS), incorporating announced changes to the PBS applicable with effect from 31st of March’2009

Tier 1 of the Points Based System or PBS in the UK is designed to allow non-EEA nationals who will contribute most to the economy to immigrate to the UK. Unlike the rest of the Tier immigration system, a Tier 1 visa application requires no sponsor and is based on the applicant successfully achieving a point’s threshold of 75.

Tier 1 visas are divided into four subcategories for General applicants, Entrepreneurs, Investors and the Post-Study Work category.

This article discusses only subcategory related to General applicants.

Tier I – General applications- Eligibility

General Requirements

UK visa applicants in the general stream must be able to satisfy the language and maintenance requirements both of which have a pass mark of 10. Under the PBS, emphasis in placed upon the ability of non-EEA nationals migrating to the UK to be proficient in the English language.

In tier 1 with the exception of those entering the UK as investors, this requirement is particularly important.

Skilled migrants are required to prove their English language ability by demonstrating one of the following:

  1. They come from a country in which English is the main language.
  2. They have passed an English language test which is equal to or exceeds level C1 of the Council of Europe’s Common European Framework for Language Learning.
  3. They have successful completed a degree course which was taught in English.

Maintenance

Highly skilled migrants relocating to the UK under any of the tier 1 subdivisions must be able to support themselves and any dependents joining them in the UK. The total sum necessary to satisfy this requirement for the main applicant is £2,800. The first dependent will require 2/3 of this sum with any further dependents requiring 1/3.

Specific Requirements

Applying for a Tier 1 Visa in the General category is based on many of the same criteria as the previous Highly Skilled Migrant Programme or HSMP taking into account the applicant’s qualifications, previous earnings, age, and any work experience or qualifications earned in the UK. As with all sub divisions of tier 1 the overall minimum pass mark required in order to qualify is 75 points.

Qualifications

Applicants will be awarded points for their highest qualification as follows:

  • PhD – 50 points
  • Master’s degree – 35 points

Previous Earnings

(Non-sterling currencies are converted to sterling – the overall figure takes account of regional differences between earnings)

  • 40,000 + – 45 points
  • 35,000-39,999 – 40 points
  • 32,000-34,999 – 35 points
  • 29,000-31,999 – 30 points
  • 26,000-28,999 – 25 points
  • 23,000-25,999 – 20 points
  • 20,000-22,999 – 15 points
  • 18,000-19,999- 10 points

Age

Candidates will be awarded points depending on their age as below. No points are awarded in this category for applicants aged 32 or older.

  • Under 28 – 20 points
  • 28 or 29 – 10 points
  • 30 or 31 – 5 points

Previous Earnings or Qualifications in the UK

In addition to the points outlined below, applicants may be eligible for a further 5 points where they can show proof of earnings or of qualifications gained whilst in the United Kingdom.

Tier 1 Visa Extension

Tier one visas are granted for an initial period of three years. The one exception to this is visas granted in the Post-Study Work category which are granted for two years, and are not extendable. In all other subdivisions candidates may extend their leave by a further two years. However, it will be necessary to pass the version of the tier 1 requirements that are current at the time of applying for an extension.

In the General category, the requirements will remain largely the same. However, points originally awarded for the applicant’s age at the time of their first application will be carried over intact. No further evidence will be required of the applicant’s English language ability and no additional proof will be required with regard to maintenance unless the applicant intends to switch their tier category.

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48 comments

  • Dear Sir/Madam,
    I have more than 10 years of experience as Chef in 5 Star hotels & Cruise Liners .
    Currently, I am employed as a Senior Chef De Partie in P&O Cruise Liner.
    I have got 6 Bands in IELTS , how can I apply abroad .
    I am looking forward to hearing from you,

    Thanks and Kind Regards,
    Vinod R Jakhmola

  • balaji

    Hi Valerie and Fransis Roshan,
    I am also facing the same problem. My Tear 1 application also refused due to fund in Co operative bank. Could please let me know the result of administrative review.

    Your reply will be helpful to me

  • dony908

    Hi Sir,
    I’m looking for filling my application for UK Tier 1 program.
    My doubt is related to previous earnings.
    I will be furnishing my salary slips and bank statements as proof.
    On my salary slip now I have two things
    a) Total salary
    b) Net salary (after deductions, PF+Profess. tax)

    As the monthly salary that gets credited to my accout is after deducting (Provident + Professional tax)

    Should be calculating the points based on total salary before deductions or the net salary that gets credited into my account? If I use the total salary then the banks statement doesn”t show that as it shows net salary credited.

    Thanks & Regards

  • Raj

    Hi,

    Iam planning to apply for Tier 1 Visa.
    During calculating my earning power, please let me know can I add my PF amount which got credited from my previous employer to my bank account last month. Will it is be considered as earnings.

    If so, what are the supporting documents required to submit for the proof of PF credit.

    Can anyone help on this matter?

    Regards,
    Raj.

  • Please send us your phone contacts and we shall advise you of options

  • Dear Sud,

    Please send you resume to ajay@abhinav.com.

    Ajay

  • Best you apply for other countries. If keen for UK, file a fresh application with balance in another bank

  • humayun

    sir,
    i am 60 years old my wife is 58 years old we already have uk multiple visa for 5 years visited 4 to 5 time now we want to stay in uk for rest of our life and want to do some small biusness there we have some small amount already survayed for style and stitch shop as we have expierience for it we need your
    comments.

  • Dear Ajay,

    I am planning to apply to the Tier 1 UK Visa. In order to show sufficient maintenance of funds, I have a question. I have two bank accounts – let’s say A and B. My salary is credited into my account A, and I have regularly been transferring some money to B. The minimum balance over the last 3 months in A is about Rs.10,000 and in B, it is about Rs.1,60,000. However, on any given day in the last 90 days, the sum of the balance in both accounts are over Rs.2,10,000. Further I have a couple of FDs for about Rs.50,000.

    By submitting my bank statements and FD reciepts, and highlighting the above points, do you think I will meet the criteria?

    Thanks,
    Sud

  • Raj

    Dear Ajay,

    I am Raj,i am planning to apply for Tier1 general visa Category.I am searching over the internet got your emailID,so thought if you can help me in this regard.

    My Query on Previous earning’s according to New rules from April 2010 –

    Taken in to consideration of 12 consecutive months of 15 months.

    My Indian Salary (Gross) over the period 01-Aug-2009 to 31-Jul-2010 is 55000 INR (approx .7400 GBP on conversion)from the employer

    Between this period (01-Aug-2009 to 31-Jul-2010) -from 01-Aug-2009 to 15-Dec-2010 i am in UK on a Work Permit and getting allowances from the base employer =7900 GBP
    My question is

    1.Does the allowance is accepted in claiming the points for tier 1 new rules?

    2.If allowance is accepted how the points are calculated?

    3.During my work permit Stay in UK,i am not physically present in India,do the indian salary in that period will be considered in uplift basis( 7400*5.3 =GBP 39330)..or do we need to mention only the salary converted in to GBP with out uplift.?

    4.If uplift is there what are the documents we need to produce.

    waiting for your positive reply and Thanks in Advance

    Thanks and Regards
    Raj

  • Valerie

    I had applied for UK tier 1 visa according to 2010 new criteria . My visa got rejected because of the fund maintained bank was not under in RBI . The bank was an village cooperative bank . I applied for the appeal administrative review showing the cooperative banks status and working in india . is there any hope on getting the visa. How can i track the administrative review status ? the appeal has send by courier .

  • Highly unlikely that your appeal will be accepted. Best you look for other immigration destination. Send your resume to ajay@abhinav.com

  • fransis roshan

    hi ajay sir

    I had applied for UK tier 1 visa according to 2010 new criteria . My visa got rejected because of the fund maintained bank was not under in RBI . The bank was an village cooperative bank . I applied for the appeal administrative review showing the cooperative banks status and working in india . is there any hope on getting the visa. How can i track the administrative review status ? the appeal has send by courier .

  • arul

    thanks a lot ajay sharama for your immediate clarification….

  • You can claim 20 points so long as you do not touch 30 years of age

  • arul

    Hello Sir,

    I would like to process Tier 1 visa.. Please clarify my query..

    As per New proposal 2010 Tier 1 Visa..Age calculation..

    Exactly My Age – 29 Yrs 3 Months running now..

    I’m eligible to get the 20 – points now or not..

    Please respond..

    Regards
    Arul

  • suman

    sir, I have a query regarding my tax return.
    currently i work in 3 places and according to the rule to our government
    upto NRS 200000- 1% tax
    above 200000 to nrs 300000 15 % tax
    and above 300000 25 % tax

    as i earn NRS 189000 yearly from company A
    NRS 72000 yearly from company B
    and 120000 yearly from company C

    according to the rule all companies seperately deduct 1% tax from my salary monthly which is less than 200000 as Company A has no concern about my earning from company B. While I went to tax office they deducted extra tax according to the sum of all earnings. so im confused

    my tax amount in payslip is very less than the amount paid to tax office, what happens if amount is not matched.but by net salary in payslip and bank statement matches. how they match the amounts. if i have to claim points in this way what type of evidences are required? please help me. I will be grateful to your sugestion

  • suman

    dear sir, i am from nepal and i get salary from 3 seperate places as parttime earning. here tax provision is 1 percent upto rs. 160000 yearly. so all companies i work deposite netsalary after 1 percent tax deduction every month. but while adding all amt from all sources,amt becomes rs. 300000 yearly so i need to pay more tax i.e 15 percent . but payslip and bank statements are already made. what happens when tax paid by my company is not equal to the amt. what should tax return state in this situation. how tax system works for part time earning. because i am planing to apply at the end of fiscal year and think better to show tax return but confused. hope to hear from u soon. thank you

  • Please check with local VFS office

  • One thing more that I need to ask is that, do I need to subbmit all original document there or potocopy. And if I need to subbmit original copy what about the security of documents.

    Regards
    Aggyey

  • Sir, I have send you my resume with all details. Please assess it and reply me if you think some thing need to be done before I apply for Visa.
    Anyways, Thanks a ton in advance.

    Regards,
    Aggyey

  • Overall 6.5 band is fine to file for UK tier provided you meet other criteria as well. Send us your resume for free of charge assessment

  • Hello Mr. Ajay,

    I got 6.5 points in ILETS. But I am littel worry. I got 6.5 in all apart from writing. In writing I got 6. overall it is 6.5.
    I just want to know that is it ok or do I need to give test again. Please get back to me as soon as posible.
    Waiting for your reply.

  • Aggyey

    Sir I have recently given ILETS test and score 6.5 point overall. But separately I got 6.5 in reading, listening and specking but I got 6 in Writing do I need to write the test again or my score is sufficient to apply for UK point based tier 1 visa.

  • Earnings are factored in for 12 out of last 15 months. For employement/earnings in multiple locations, the points are calculated in pro-rate basis

  • umang1797

    Hi

    Myname is Umang Shah. Recently I have completed LL.M from Guj. Uni. Now I want to apply for Tier1 Is it mandatory to get degree certificate to provide to British High commission ?

  • arunkumararora

    Hello Ajay,

    I need to check regarding UK experience points. I have been to UK twice on WP and duration were 10 months and 3.5 months respectively. Will I be eligible to claim the UK earnings points or not?

    Thanks in advance
    Arun

  • I guess it is best you contact UK Embassy or hire a good consultant for more advise

  • Sagarda7

    Thank you sir. But amount for extra work is credited in another date and regular work is also in another date so income for same month is sent in two different dates. For this reason can same payslip mention both earnings? Or i require two payslips. Some people say date for payslip and bank stmt must also match.

  • 1. It is better to get a letter from the employer highlighting each month’s gross salary, net salary and the amount for extra work. The same will be supported by pay slips.

    2. Normally, income before tax is considered for tier 1 visa.

    3. As advised in point no. 1

    4. It should be a normal format which the company is using. No special format is required. The letter as advised in point 1 would support the payslips.

    5. Under tier 1, two things are must to claim previous earning points
    bank statement and
    payslips/letter from employer.

    They will consider the gross income mentioned on the pay slip as total earnings. They will match the net income mentioned on the payslip/letter with the amount credited into the bank.

    Both net salary and amount credited into bank should match.

    6. Bank statement and
    payslips/letter from employer.

  • Sagarda7

    Dear sir,
    i have a problem regarding my previous earning. Im from nepal and currently working in two companis.main doubt is
    my first company sends my salary rs. 12900 with tax deduction to bank as fulltime work where gross salary is rs. 15795. Same company also sends 6000 as extra work load to same bank in different date without tax and this amt is credited when there is extra load so only sent in july to april (9 months in a year)

    i also work in another college, where 9350 rs. Is deposited in another bank but without tax.

    I m ready to pay tax for those amounts where tax is not paid. And my companies are pay my tax in july. And they are also ready to provide updated payslip.

    My questions are
    1. How many payslips are required to prove all earning?
    2. If tax is not deducted every months, how to make payslips with tax deduction for all earning?
    3. Is it possible to show two payslips for a months from same company because bank statement shows that amt.
    4. Could u suggest me the format for pay slip?
    5. Can gross salary be in decimal? Because those amt in statement are net salary and if company pays my tax then gross salary is likely to come in decimal.
    6. My bank statement contains “salary transfer” as narration,so what evidence or document do i need to show the proof of transfer by my employer ?
    Sir pls help me and waiting for ur advice. Thank you

  • Tax returns are only helpful if one is claiming earnings from April to march.

    If you have proper pay slips and bank statements for claimed 12 months, then you are likely to succeed. This is provisional assessment based on information provided in your details. Final assessment subject to all details

  • Sagarda7

    Dear sir, my bank account was credited with gross salary for 5 months. From 6th month tax for previous including 6th month was reduced from my salary (6th month’s). From seventh months my bank account have been credited with net salary after tax. This amount also matches with payslip. But i have a doubt : how i need to produce tax return document? Monthly return or any other ways are there?

  • Giving an IELTS report is the best possible and most objective way to claim points. Rest all is subjective to the discretion of the visa officer

  • sagarda7

    My university sikkim manipal is listed in Uk border agency’s database. they have awarded me 35 for my qualification and 10 points for english language requirement for same qualification from same university. Do i need to take IELTS for applying? and Do i need to show other documents for english language or same degree certificate works? please Help me

  • 1. If it is a Post graduate two year degree, you are not likely to need NARIC assessment.
    2.UK experience could be earlier as well but depends on the context.

  • You need to have an American employer who will sponsor you for H-1 visa

  • amit

    Hi Dev,

    I had 2 queries:

    1. If Pune Univ is listed in Self Assessment site of UKBA,
    then do i need to get my “MASTERS in COMPUTER MANAGEMENT” (MCM) evaluated from NARIC.

    2. Previous UK Experience: Does it mean, UK experience in last 12 months or
    it could be any time beyond the last 12 months.

    Thanking you in advance
    Amit

  • amit

    Hi,

    I want to apply for US H1 visa…
    Please let me know where can i get it done and what is the criteria for it..

    Regards,
    Amit

  • Masters from Sikkim Manipal University may mean that you meet the Educational requirements for Tier 1 to UK. To clear doubt you may apply for assessment of your educational qualifications to NARIC. It is not a must that you have done Bachelor in the related field ( same as in masters) as well.

  • Sagarda7

    I have master of science in information technology from sikkim manipal university india and bachelors in arts from nepal. Can i apply? Is do i need bachelor in computer also? What should i do to apply 4 uk tier 1?

  • salim malik

    i pass my diploma in computer science engineering with 66% recently.i want to study in uk so what is the procedure for apply.

  • Mr. Inderjit,

    Kindly send us your detailed resume at sanam@abhinav.com so that we can assess your case.

    Thanks & Regards
    Sanam Azhar

  • inderJit Singh

    i m post graduate…n now i want to migrate in uk by point base system.. so give me advise how i start my process..

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