UK Residency

If you are visiting or moving to the United Kingdom, you need to find out if you will need a UK visa to enter the country and which type of UK visa you will need to apply for. This will depend on where you are travelling from and the purpose of your visit.

The UK is currently a member of the EU but has opted out of becoming a Schengen area country, meaning that it has its own border controls and visa policy. Immigration and border controls have been contentious issues in the UK for a number of years and there have been various changes to UK immigration policy in recent years. There are likely to be further changes following the Brexit vote in 2016 which means that the UK will cease to be an EU member state around 2019. This will have implications for citizens of EU states entering and moving to the UK.

Who needs a UK visa?

The UK is presently an EU member state. Although it is not part of the Schengen area, nationals from EU/EFTA countries can enter the UK without needing a UK visa and they have the right to reside in the UK if they are employed, self-employed or registered as a jobseeker. See our guide for EU/EFTA nationals moving to the UK for more information.

The right to enter without a UK visa and reside without a UK residence permit also extends to citizens of British Overseas Territories and citizens of Commonwealth countries born before 1 January 1983 who qualify for Right of abode (ROA) through a parent being born in the UK.

The UK also allows citizens of the following countries to enter without a UK visa and stay for a maximum of 6 months:

Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Belize, Botswana, Brazil, Brunei, Canada, Chile, Costa Rica, Dominica, East Timor, El Salvador, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Macau, Malaysia, Maldives, Marshall Islands, Mauritius, Mexico, Monaco, Micronesia, Namibia, Nauru, New Zealand, Nicaragua, Palau, Panama, Papua New Guinea, Paraguay, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Samoa, San Marino, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Tonga, Trinidad and Tobago, Tuvalu, United States, Uruguay, Vanuatu and Vatican City.

You can get an electronic visa waiver (EVW) for just £15 if you are from Kuwait, Oman, Qatar or the United Arab Emirates. This allows a visa-free stay of up to 6 months for tourism, business, study or medical treatment.

Citizens of all other countries will require a UK visa to enter the UK.

Types of UK visas

There are various different types of UK visa that can be broken down into five categories – tourist and short stay visas, work visas, student visas, family visas and transit visas.

UK tourist and short stay visas

Standard Visitor visa – UK visa for leisure, business or private purposes valid for up to 6 months. This can be for up to 11 months if receiving private medical treatment or up to 12 months for academic research
Short term study visa – UK visa for short study courses valid for 6 months, or 11 months if you are taking an English language course and are over 18
Marriage Visitor visa – UK visa for the purposes of getting married in the UK if you are not planning to settle in the UK. Valid for 6 months.
Permitted Paid Engagement visa – UK visa if you have been invited for a specific purpose by a UK-based organization or client, or if you want to take up short-term paid work without a sponsor. Valid for 1 month.
Parent of Tier 4 child visa – UK visa if you are the parent of a child attending an independent fee-paying school in the UK. Valid for up to 12 months.
Visit the UK in a Chinese Tour Group – UK visa valid for up to 30 days for Chinese citizens who are part of an official tour group.
It is also possible to apply for long-term visit visas that last for 2, 5 or 10 years.

UK work visas

The UK has a points-based immigration system for work visas and issues them under either Tier 1, Tier 2 or Tier 5.

UK student visas

In addition to the short-term study visa, there is a general student visa and a child student visa. Visa length depends on the length of the course. See our guide to UK student visas for more information.

UK family visas

If you're from a non-EU/EFTA country, you can apply to join family living permanently in the UK. See our guide to Joining a relative or partner in the UK for more information.

UK transit visas

Visa to pass through the UK in transit

If you are undergoing border control with a Visitor in Transit visa, it may be required under the following circumstances:

Changing flights in the UK en route to another country.
Passing through UK border control, such as for checking in luggage for a connecting flight.
Departing from the UK within 48 hours.
Not engaging in work or study activities during your stay in the UK.

Applying for a visa may not be necessary. The required actions depend on your nationality and whether entry to the UK is necessary.

If you won't be undergoing UK border control, verify whether you require a Direct Airside Transit visa instead.

You do not need a transit visa if you have a valid:

EU Settlement Scheme family permit
Home Office travel document, for example, you’re a refugee or stateless person
Standard Visitor visa
Marriage Visitor visa

You are required to apply for a Standard Visitor visa if your stay in the UK exceeds 48 hours.

The cost of a Visitor in Transit visa is £64, and this amount may vary slightly based on your current location or country.

Travel to the Channel Islands, the Isle of Man or Ireland

You may be required to seek a visitor visa to transit through the UK on your way to the Channel Islands, the Isle of Man, or Ireland.

Typically, you will have to request a Standard Visitor visa unless you are exempt.

A UK visitor visa is unnecessary if:

You possess a valid visa for the Channel Islands or the Isle of Man.
You hold a valid Irish biometric visa, indicated as 'BC' or 'BC BIVS' in the 'Remarks' section.

If you require regular transit through the UK, you have the option to apply for a long-term Standard Visitor visa. This allows for periodic transits over an extended duration, with a maximum stay of 6 months per visit, and the visa's validity can be for 2, 5, or 10 years.

UK visa fees

The cost of UK visas depends on the type of UK visa and the length of time you are staying in the UK. A 6-month Standard Visitor visa currently costs £89. If you are applying for a long-term visit visa, the current costs are:

2 year stay - £330
5 year stay - £600
10 year stay - £752

Applying for a residence permit UK

Citizens from non-EU/EFTA countries who want to stay in the UK for longer than 6 months need to apply for a UK biometric residence permit (BRP). This is an identity card that contains the following information:

your name, date and place of birth
your fingerprints and photograph
your immigration status and any conditions of your stay
your social rights (access to public funds, social services, etc.)

List of UK residence permit

1- TIER 1

The TIER 1 (Point Based System) has replaced the old Highly skilled migrant programme (Tier 1 General), Business person visa (Tier 1 Entrepreneur), Investor visa (Tier 1 Investor) and SEGS and IGS schemes Tier 1 (Post study work visa).

We will now discuss each of the TIER 1 categories separately to have full understanding on the subject

TIER 1 (General)

TIER 1 (Entrepreneur)

TIER 1 (Investor)

TIER 1 (Post study work)

(Read more)

PLEASE NOTE the T1-GENERAL route is now closed to new entrants

If you already hold a T1-General visa, then you may still apply to extend your stay

The applicants are required to score at least 95 points in total to successfully apply for the required visa and they can claim following points under the various heads:

Tier 1-General

A. Scoring Sections

I Attributes

Initial Application- The applicant has to score 75 points under this section that can be claimed in the following manner:

By completing a Qualifying MBA under the Transitional Arrangements: 75 points (max.)

* Qualifications (35 – 45 Points)

* Previous Earnings: (5 – 75 points)

* UK experience (5 Points max.)

* Age: (5-20 points)

The applicant must claim 75 points either by doing a qualifying MBA under Transitional arrangements or a total of 75 points using any or all of the options given above.

Qualifications: An applicant having a UK equivalent Bachelor’s Degree will be able to claim 30 points, a UK equivalent Master’s Degree will be able to claim 35 points, or 45 points for having a PHD in any subject. The maximum is 45 points that can be claimed under this section.

Past Earnings: Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The UKBA has now given a single list of earning levels that will enable the applicants to claim points according to the level of earnings instead of making different income bands for different set of countries. However, uplift multiples are available to enable the overseas applicants multiply their overseas earnings to assess the number of points they can get under this section. The applicants can get 5 points for having earnings of above £25K and 25 points for having earnings more than £40K in the 12 months out of last 15 months. Applicants with exceptionally high earnings will be able to claim more points e.g. £150,000 equates to 75 points.

There is an exception for those who were on maternity or adoption – related absence; they can earnings earned in the 12 months out of last 15 months, immediately before going on maternity or adoption – related leave.

UK Experience: Maximum 5 points can be claimed if an applicant scores points for past earnings and those earnings were made in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK.

Age: The maximum one can get is 20 points for being under 29 years of age; or 10 points for under 35 ; or 5 points for under 40.

Extension Application

The applicant, who first qualified has to requalify score 75 points that can be claimed in the following manner:

* Qualifications (30 – 50 Points)

* Previous Earnings: (5 – 45 points)

* UK experience (5 Points max.)

* Age: (5-20 points)

Qualifying MBA: Those applicants who got their previous grant of leave on the basis of having completed a qualifying MBA must have to claim a total of 75 points under the sections mentioned above. They will not be given 75 points automatically as he got in their first application.

Qualifications: An applicant having a UK Bachelor’s Degree will be able to claim 30 points, or 35 points for having a Master’s degree or 50 points for having a PHD in any subject. The maximum is 50 points that can be claimed under this section.

Past Earnings: Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The applicants will be able to use their earnings in the UK and also their income from overseas. But they will not be allowed to use multiples in extension applications. The applicants can get 5 points for having earnings of above £16K and 45 points for having earnings more than £40K in the 12 months out of last 15 months.

Age: The maximum one can get is 20 points for being under 31 years of age while the minimum is 0 for being over 34 years of age. The applicants of age 31-32 can get 10 points while applicants of age 33-34 can only get 5 points.

The applicant can only claim a total of 75 points if he can provide the relevant documentary evidences and claim points under any of the sub sections mentioned above.

II English Language

For Tier 1 (General), applicants are required to provide evidence that they speak, communicate and understand English language to a certain level. This requirement can be met in one of the following three ways:

* By being a national of one of the English speaking countries i.e. USA , Australia , Canada etc.

* By having a degree level qualification from an English speaking country

* By having passed an English language Test (IELTS: 6.5)

This will give 10 points to the applicant.

Exemptions: Following persons however will automatically be given 10 points under this section:

* The one who has got leave to remain / entry clearance under Tier 1 (General) or Tier 1 (Entrepreneur) and is seeking extension of leave to remain.

* The one who has got leave to remain / entry clearance under HSMP after 05th of Dec. 2006 and is seeking to switch to Tier 1 (General).

III Maintenance

The applicant need to score 10 points under this section by providing evidences confirming that he has got sufficient amount of money for the maintenance and accommodation of himself and any of his dependents. He has to provide evidences that he has maintained a specific amount of money for at least 3 months prior to making the application (initial or extension).

The applicant must provide evidences that he has got access to following amounts of money to make the visa application for himself and / or for his family members:

* £2800, if the applicant is making an entry clearance application from outside the UK

* £800 if the applicant is making an in-country application either to extend his existing visa or an initial application while remaining in the UK.

* £1600 for each family member, in addition to the £2800 for his own, if he is being accompanied by his family members and all of them are making entry clearance applications from the relevant British Diplomatic posts

* £1600 for each family member, if he is in the UK for less than 12 months and his family members are making an application from overseas

* £533 for each family member, if the main applicant has been residing in the UK for more than 12 months

Please note that the funds for the maintenance of the family members can be available in the main applicant`s name or the dependent’s name. This is a very strict requirement and the application will likely to be refused even if the balance falls down the required threshold at any stage in the last three months.

There are no exemptions of this requirement.

B. Duration of Tier 1 (General)

The first time applicants will be given 2 years’ visa whether they apply for entry clearance or switch from another immigration category.

Those who are already on Tier 1 (General) will get extension for 2 years to enable them complete five years’ residence in the UK and apply for ILR.

C. Work Allowed

Applicants having leave to remain or leave to enter under the Tier 1 (General) will be allowed to take any employment or engage in self-employment activities or work in a combination of both. The dependents will also be enjoying full rights to work in the UK similar to the main applicant. The only restriction that they will have is that they will not be allowed to work as a Training doctor.

D. Switching Rules

Into Tier 1 (General):

Following persons will be able to switch into Tier 1 (General):

* A highly skilled migrant

* A Tier 1 (Entrepreneur) migrant

* A Tier 1 (Post – Study) migrant

* A Tier 1 (Investor) migrant

* A participant in the FT: WISS

* A participant in the IGS

* A Business Person

* An Innovator

* A student

* A student nurse

* A student re-sitting an examination

* A student writing up a thesis

* A post graduate doctor or dentist

* A work permit holder

* A self-employed Lawyer

* A writer, composer or Artist

Please note that the rules of switching are very strict and no one else is allowed to switch to Tier 1 (General) while remaining in the UK, unless there are truly compassionate circumstances.

E. Settlement Prospects

Although the persons on above mentioned visas are allowed to switch to Tier 1 (General) visa, only following will be able to use time spent on their previous visas towards 5 years’ residence criteria for ILR.

* Highly Skilled migrant programme participant

* Work permit holder

* Innovator

* Self-employed lawyer

* Writer, Composer or Artist

It means that if a Tier 1 (Entrepreneur) migrant having already spent 2 years on that visa, switches to Tier 1 (General) category, will lose that 2 years’ time for settlement purposes and have to complete 5 years on Tier 1 (General) to become eligible for permanent settlement.

Those who have completed a total of five years in a combination of any of the above mentioned immigration categories will be able to apply for Indefinite leave to remain one month before completing their five years.

F. Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

G. Appeals (In country Applications only)

The applicants whose Tier 1 application is refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant will however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.

H. What services we can offer?

* We can advise on the procedure, requirements and merits of making an application to the home office / British Diplomatic post.

* We can provide assistance in completing the application forms and advise on the list of required documents.

* We can advise and represent our clients in making representations in support of their immigration matters.

* We can advise and represent our clients’ dependent to seek dependent visas in line with the visa of the main applicant.

* We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason.

* We can advise in making permanent residence (ILR) applications for those who have already completed their five years’ period in the UK.

TIER 1 (Post Study Work)

This would be the sub- category of TIER 1 where the students who have done either a diploma or a Bachelor’s degree or Master’s degree or PHD from a recognized or listed body in the UK, would be able to switch to a two – year post study visa.

Those who are currently on IGS having obtained their leave to remain for one year would be allowed to obtain further leave to remain for another year in line with the new Post Study work visa. Their applications would be dealt under the Transitional measures that would be put in place once the complete TIER 1 would be introduced.

A similar framework of points would be introduced as it is available for TIER 1 (General) category. The students would be required to claim 75 points under the attributes, 10 points under English language and 10 points for their maintenance.

The distribution of points would be as under:

Attributes

1. Having successfully completed one of the following: 20 Points

* A UK recognized degree at Bachelors level; or

* A UK recognized degree at post graduate level; or

* A UK post graduate certificate or diploma; or

* An HND from a Scottish Institution

2. Having completed one of the above mentioned courses / degree at a UK institution that is either a recognized or listed body - 20 points.

3. Having obtained the above mentioned qualification whilst in the UK with a valid student leave or as a dependant of someone with valid leave in an immigration category permitting the bringing in of dependants - 20 points.

4. Having made the application within 12 months of obtaining the eligible qualification - 15 points.

English language

All applicants who successfully claims 75 points as indicated above, would be deemed to have sufficient level of English thus would be given points under this section.

Maintenance

If a person would like to switch to post study work category while remaining in the UK, he would be expected to have at least £800 for his maintenance and £533 for each dependent in the last three months` bank statements at all time.

If a person is seeking entry clearance the amount required for maintenance would be £2800 for the main applicant and 2/3 of this amount for first dependent and further 1/3 of the amount for other dependents - 10 points.

Successful applicants would be free to seek employment or engage in self-employment activities without having a sponsor. But unlike the other highly skilled sub-categories, it is there only to provide a bridge to highly skilled or skilled work. People with post study work leave will be expected to switch into another part of the points system as soon they are able to do so.

It would not be possible to extend the visa for more than a total of 2 years, and the time period spent in this category would not be counted towards the threshold for being eligible to apply settlement. However, Post study workers can still return to their student visas, if they wish to continue their studies in the UK.

Tier 2 - Skilled Migrants

The new point based system (PBS) was launched in full from 27th of November 2008 that affects all those who are residing in the UK on work permits and also those who are looking to get one.

Once a sponsorship certificate is issued, the prospective employee of the sponsor (employer) will be required to submit his / her visa application that can be made while remaining in the UK (provided he is able to switch to this category) or from outside the UK (provided he is outside the UK or unable to switch while remaining in the UK).

The UKBA has divided four main categories of applicants who will require sponsorship certificate from their sponsors and will be making their visa applications in line with the certificate i.e.

TIER 2 (General)

TIER 2 (Minister of Religion)

TIER 2 (Sportsperson)

TIER 2 (Intra-Company Transfer)

Tier 2 (General)

The applicants would be expected to score at least 70 points in total to successfully apply for the required visa and he can claim following points under the various heads:

There is a 12-month re-entry ban for migrants who have previously been in the UK on a work related visa.

A. Scoring Sections

I Attributes

Initial Application: The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:

Job offer: 30 - 50 points

• Offer of Job passing Resident labor market test: 30 points (max.) or

• Job in Shortage occupation (50 Points) or

• Job offered to a T1-PSW or T4 migrant who has passed a bachelor’s degree level or higher

II qualification

Prospective Earnings: 20 points

The applicant must claim 50 points in total using the points earned in any of the above subsections. It is not necessary to earn minimum points in each of the above mentioned categories.

Extension Application

The applicant has to score 50 points under this section that can be claimed in a combination of following three sections:

Certificate of sponsorships assigned under the transitional arrangements: 50 points (max.) or Applicant was rewarded 50 points when last granted leave because the job was in a shortage occupation: 50 points, other cases where the applicant has got a sponsorship certificate: 50 Points.

II English Language

For Tier 2 (General), applicants would be required to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:

• By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.

• By having a degree level qualification from an English speaking country

• By having passed an English language Test at or above B1 of the Common European Framework for Reference (CEFR).

This will give 10 points to the applicant.

Following persons however would also be automatically given 10 points under this section:

The one who was last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 07th of Nov. 2006.
The one who was last granted leave under a Tier 2 category (having already provided evidence of meeting the English language requirement) and is applying for an extension within the same category
The one who is making an application under the transitional arrangements
The one who is making an application as a result of a change of employment where:
The applicant has already provided evidence of meeting the English language requirements as a Tier 2 migrant
The applicant was last granted leave as a Minister of Religion on or after 23 Aug. 2004.

III Maintenance

The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:

Providing last 3 months’ bank statements showing that the balance has been maintained would be required to have at least £900 at all times; or

Get his employer (sponsor) to certify that he would take care of his maintenance and accommodation during first month of his employment in the UK. Please note that only A rated sponsor would be able to certify its prospective workers for such purpose.

Exemptions: Following persons having leave to remain or leave to enter in such capacity, would automatically qualify for 10 points:

Tier 2 Migrant

Work Permit Holders
Jewish Agency Employee
Member of Operational Ground Staff of an overseas owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Representative of an overseas Newspaper, News Agency or Broadcasting Organization
A Person who obtains points under Post Study work provisions and applies to switch to Tier 2 (General).

Maintenance for Dependents: The applicant would also be able to sponsor his dependents (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependent.

The sponsor of the applicant will also be able to certify the dependents of the prospective employee for maintenance purposes.

B. Transitional Measures

Following person who wish to extend their stay in the same capacity would be able to apply under Tier 2 (General) transitional Measures where he / she has or was last granted leave as a:

Qualifying work permit holder
Representative of an overseas newspaper, news agency, or broadcasting organization
Member of the operational ground staff of an overseas owned airline
Jewish Agency employee

Tier 2 (General) migrant

In this case, they would be awarded 50 points in Attributes, and 10 points each in English language and maintenance section.

Please note that these transitional measures are just for those who wish to extend their stay while working for the same sponsor (employer) and at the same position. If they wish to change sponsor, then they have to meet the full Tier 2 (General) criteria.

The only exception to this is for those who have got their work permits to work at the position of “Senior Case Worker”, they will have the benefit of making an application under Tier 2 (General) using the transitional arrangements even if when they wish to move to a different establishment at the same position.

C. Duration of Tier 2 (General)

The first time applicants would be given 3 years’ visa or according to the contract offered by the sponsor whichever is less.

Those who are already on Tier 2 (General) would be given a visa for 2 years or according to the contract offered by the sponsor whichever is less (if the application is not for change of employment).

Those who are already on Tier 2 (General) would be given a visa for 3 years or according to the contract offered by the sponsor whichever is less, if the application is for change of employment

Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 6 years on work permit or the duration stated on the sponsorship certificate whichever is less.

D. Work Allowed

Applicants having leave to remain or leave to enter under the PBS Tier 2 (General) would be allowed to take supplementary employment that must meet the following criteria:

is outside of their normal working hours;

is no more than 20 hours per week;

is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued.

In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.

E. What is not allowed?

Tier 2 (General) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.

F. Switching Rules

Into Tier 2 (General):

Following persons would be able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements of the TIER 2:

Tier 1 Migrant
Tier 2 Migrant
Highly Skilled Migrant
Innovator
Member of Operational Ground Staff of an overseas owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Overseas Qualified Nurse or Midwife
Participant in Fresh Talent: WISS
Participant in the IGS
Person writing up a Thesis
Post graduate doctor or dentist
Qualifying work permit holder
Representative of an overseas newspaper, News Agency or Broadcasting organization
Student
Student nurse
Student Re-sitting an examination
Student Union Sabbatical Officer

Please note that the rules of switching are very strict and no one else would be allowed to switch to either of the above categories while remaining in the UK.

G. Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

H. Appeals (In country Applications only)

The applicants whose Tier 2 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant would however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.

I. Settlement Prospects

Tier 2 workers can apply for permanent settlement in the UK on completion of total five years on sponsorship. Following persons will be allowed to use the time spent in the UK on the following visas, while most recently having a TIER 2 visa:

Tier 1 (General / Investor / Entrepreneur)
Highly Skilled Migrant Program
Self-employed Lawyer
Writer, Composer or Artist

The dependents would also be allowed to apply for settlement with the main applicant provided they have completed at least a 2 year stay.

Tier 2 (Sportsperson)

The applicants would be expected to score at least 70 points in total to successfully apply for the required visa and he can claim following points under the various heads:

A. Scoring Sections

I Attributes

Initial Application

The applicant has to score 50 points under this section that can only be claimed by having a valid sponsorship certificate from his / her sponsor. Only elite sports people and coaches who are internationally established at the highest level would be able to apply under this category. Before a sponsorship certificate can be issued, the sponsor is required to get an endorsement (a letter of confirmation) from its governing body confirming that the applicant is a highly recognized professional sports person and will make a significant contribution to the development of his / her sport at the highest level in the UK and position could not be filled by a suitable settled worker.

Extension Application

The applicant has to score 50 points under this section that can only be claimed by having a valid sponsorship certificate from his / her sponsor and a fresh endorsement from the governing body of the sponsor.

II English Language

For Tier 2 (Sportsperson), applicants would be required to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:

By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
By having a degree level qualification from an English speaking country
By having passed an English language Test (IELTS: 4.0)

This will give 10 points to the applicant.

Following persons however would automatically be given 10 points under this section:

The one who was last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 07th of November 2006.
The one who was last granted leave under a Tier 2 (Sportsperson) category and is making an application for extension within the same category.
The applicant who is making an application under the transitional arrangements
The applicant who is making an application as a result of a change of employment, where
He has already provided evidence of meeting the English language requirement as a Tier 2 migrant.
He was last granted leave as a Minister of Religion on or after 23 August 2004.

III Maintenance

The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:

Providing last 3 months’ bank statements showing that the balance has been maintained would be required to have at least £800 at all times; or

Transitional Measures: For the first 3 months, applicants (overseas national) would only be required to have a closing balance of £800 in their last month’s bank statements rather than having maintained this balance for the last three months.

Exemptions: Following persons having leave to remain or leave to enter in such capacity, would automatically qualify for 10 points:

Tier 2 Migrant
Work Permit Holders
Jewish Agency Employee
Member of Operational Ground Staff of an overseas owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Representative of an overseas Newspaper, News Agency or Broadcasting Organization
A Person who obtains points under Post Study work provisions and applies to switch to Tier 2 (Sportsperson).

Maintenance for Dependents: The applicant would also be able to sponsor his dependents (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependent.

The sponsor of the applicant will not be able to certify the dependents of the prospective employee for maintenance purposes.

B. Transitional Measures

An applicant can apply under the Tier 2 Sportsperson transitional arrangements where he / she has, or was last granted, leave as a work permit holder. Such applicants must comply with the following conditions:

The applicant must have a certificate of sponsorship reference number issued by a licensed sponsor; and
The applicant must have a governing body endorsement
The applicant will be awarded 10 points each for English language and maintenance requirements.

C. Duration of Tier 2 (Sportsperson)

The first time applicants would be given 3 years’ visa or according to the contract offered by the sponsor whichever is less.

Those who are already on Tier 2 (Sportsperson) would be given a visa for 2 years or according to the contract offered by the sponsor whichever is less (if the application is not for change of employment).

Those who are already on Tier 2 (Sportsperson) would be given a visa for 3 years or according to the contract offered by the sponsor whichever is less, if the application is for change of employment

Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years or the duration stated on the sponsorship certificate whichever is less.

D. Work Allowed

Applicants having leave to remain or leave to enter under the PBS Tier 2 (Sportsperson) would be allowed to take supplementary employment that must meet the following criteria:

is outside of their normal working hours;
is no more than 20 hours per week;
is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued.

In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.

E. What is not allowed?

Tier 2 (Sportsperson) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.

F. Switching Rules

Into Tier 2 (Sportsperson)

Following persons would be able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements of the TIER 2:

Tier 1 Migrant
Tier 2 Migrant
Highly Skilled Migrant
Innovator
Member of Operational Ground Staff of an overseas owned Airline
Sportsperson, Missionary or Member of a Religious Order
Overseas Qualified Nurse or Midwife
Participant in Fresh Talent: WISS
Participant in the IGS
Person writing up a Thesis
Post graduate doctor or dentist
Qualifying work permit holder
Representative of an overseas newspaper, News Agency or Broadcasting organization
Student
Student nurse
Student Re-sitting an examination
Student Union Sabbatical Officer

Please note that the rules of switching are very strict and no one else would be allowed to switch to either of the above categories while remaining in the UK.

G. Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

H. Appeals (In country Applications only)

TIER 2 (Minister of Religion)

The applicants would be expected to score at least 70 points in total to successfully apply for the required visa and he can claim following points under the various heads:

A. Scoring Sections

I Attributes

Initial Application

The applicant has to score 50 points under this section that can only be claimed by having a valid sponsorship certificate from his / her sponsor. Following personnel can apply under Tier 2 (Minister of Religion):

A religious minister who performs pastoral duties
Missionary or a member of a religious order like in a monastic community of monks Nuns
Or a similar religious community involving a permanent commitment.

Extension Application

The applicant has to score 50 points under this section that can only be claimed by having a valid sponsorship certificate from his / her sponsor.

II English Language

For Tier 2 (Minister of Religion), applicants would be required to provide evidence that they speak, communicate and understand English language to a certain level. This can be done in three ways:

By being a national of one of the English speaking countries i.e. USA, Australia, Canada etc.
By having a degree level qualification from an English speaking country
By having passed an English language Test (IELTS: 5.5)

This will give 10 points to the applicant.

Following persons however would also be automatically given 10 points under this section:

The one who was last granted leave under Tier 1 (General), Tier 1 (Entrepreneur) or the HSMP after 07th of November 2006
The one who was last granted leave as a Tier 2 Minister of Religion
The one who was granted leaves as a Minister of Religion on or after 19th of April 2007.

III Maintenance

The applicant will need to score 10 points under this section to obtain visa in line with the sponsorship documents. This can be possible in the following ways:

Providing last 3 months’ bank statements showing that the balance has been maintained would be required to have at least £800 at all times; or

Exemptions: Following persons having leave to remain or leave to enter in such capacity, would automatically qualify for 10 points:

Tier 2 Migrant
Work Permit Holders
Jewish Agency Employee
Member of Operational Ground Staff of an overseas owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Representative of an overseas Newspaper, News Agency or Broadcasting Organization
A Person who obtains points under Post Study work provisions and applies to switch to Tier 2 (Minister of Religion).

Maintenance for Dependents: The applicant would also be able to sponsor his dependents (spouse, unmarried partner, civil partner, children under 18 years of age) provided he can provide evidence of having £533 for each dependent.

The sponsor of the applicant will not be able to certify the dependents of the prospective employee for maintenance purposes.

B. Transitional Measures

An applicant can apply under the Tier 2 Minister of Religion transitional arrangements where he / she has, or was last granted, leave under the Minister of Religion category in existence before 27th of November 2008. The applicant will be awarded 10 points each for English language and maintenance requirements.

C. Duration of Tier 2 (Minister of Religion)

The first time applicants would be given 3 years’ visa or according to the contract offered by the sponsor whichever is less.

Those who are already on Tier 2 (Minister of Religion) would be given a visa for 2 years or according to the contract offered by the sponsor whichever is less (if the application is not for change of employment).

Those who are already on Tier 2 (Minister of Religion) would be given a visa for 3 years or according to the contract offered by the sponsor whichever is less, if the application is for change of employment.

Those who are applying for extensions under the transitional measures would be able to get the balance of the duration to enable them complete 5 years or the duration stated on the sponsorship certificate whichever is less.

D. Work Allowed

Applicants having leave to remain or leave to enter under the PBS Tier 2 (Minister of Religion) would be allowed to take supplementary employment that must meet the following criteria:

is outside of their normal working hours;

is no more than 20 hours per week;

is within the same profession at the same professional level as the work for which the certificate of sponsorship was issued.

In addition to the supplementary employment, the applicants are also allowed to take unpaid voluntary employment.

E. What is not allowed?

Tier 2 (Minister of Religion) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from the Home Office. They are also not allowed to hold more than 10% shares in the company they are working for. Please note that this restriction is not on those workers who are working for a Partnership / Sole Proprietor business.

F. Switching Rules

Into Tier 2 (Ministers of Religion)

Following persons would be able to switch into one of the above categories of Tier 2, provided they fulfil all the requirements of the TIER 2:

Tier 1 Migrant
Tier 2 Migrant
Highly Skilled Migrant
Innovator
Member of Operational Ground Staff of an overseas owned Airline
Minister of Religion, Missionary or Member of a Religious Order
Overseas Qualified Nurse or Midwife
Participant in Fresh Talent: WISS
Participant in the IGS
Person writing up a Thesis
Post graduate doctor or dentist
Qualifying work permit holder
Representative of an overseas newspaper, News Agency or Broadcasting organization
Student
Student nurse
Student Re-sitting an examination
Student Union Sabbatical Officer

Please note that the rules of switching are very strict and no one else would be allowed to switch to either of the above categories while remaining in the UK.

G. Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant would only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

H. Appeals (In country Applications only)

It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.

I. Settlement Prospects

Tier 2 (Minister of Religion) workers can apply for permanent settlement in the UK on completion of total five years on sponsorship.

Following persons will be allowed to use the time spent in the UK on the following visas, while most recently having a TIER 2 visa:

Tier 1 (General / Investor / Entrepreneur)
Highly Skilled Migrant Program
Self-employed Lawyer
Writer, Composer or Artist
The dependents would also be allowed to apply for settlement with the main applicant.

TIER 2 (Intra-company Transfer)

Tier 2 Intra-company transfer applicants, first applying after 6th April 2010, will no longer qualify for settlement in the UK after 5 years.

Tier 2 Intra-company transfer applicants, first applying after 6th April 2011, have a maximum stay of 5 years.

12-month re-entry ban applies except when previous stay is under ICT Short term categories when new application is under ICT Long Term Category

Previous experience requirement with company overseas depends on the sub-category of ICT the employee applies to come to the UK. The sub-category also affects the length of stay allowed.

Applicants do not need to score 10 points for the English Language requirement but do need the 10 points under the maintenance criteria as described under T2 – general.

Applicant are required to meet the English Language requirement when extending in excess of 3 years to the level A1 of the CEFR. (different to T2 -General)

Tier 4 - International Students

This category includes two sub-categories:

General Student – for those who are coming to the United Kingdom for the post-16 educations;

Child Student – for children between 4 and 17 years old coming to the UK for their education to study at independent schools.

Students of 16 or 17 years old should agree with the chosen educational establishment either to apply for General Student or Child Student visa. It depends on the course level. If the course is considered as NQF Level 3 or above, the educational provider should advise a student on the applicable sub-category. Those studying for an English language qualification at CEFR Level A2 or above must apply as a General Student.

Educational provider means any educational establishment in the UK that is approved by UKBA and has been given a license to bring overseas students to the United Kingdom under Tier 4 of PBS.

Scoring Sections

I Attributes

The applicant should successfully claim 40 points in total i.e.:

30 points – for being accepted at a course (at an acceptable level) by an approved education provider (also known as sponsor). Your approved education provider will give you a visa letter which is an official and unconditional offer of a place on a course of study.

10 points – for having enough money to cover your course fees and monthly living costs (also known as maintenance or funds). You must show that you have held the money for at least 28 days. The end of that 28-day period must not be more than one month before the date of your application.

Visa Letter

Your approved education provider will give you a visa letter which is an official and unconditional offer of a place on a course of study.

The visa letter must be issued no more than six months before you apply. The applications where the visa letters are older than six months will be refused.

Having a visa letter does not guarantee the application will be successful. The applicant must meet all the requirements of the category and any other requirements of the immigration rules.

Maintenance or Funds

The money you need to show covers your course fees for your first year of study and living costs for up to a maximum of nine months. The amount you will need depends on whether you are applying as a child or adult and also whether you will be studying in or out of London.

You must show that you have held the money for at least 28 days. The end of that 28-day period must not be more than one month before the date of your application.

Transitional arrangements will apply for those who apply for Tier 4 visa before 1 June 2009. The applicant will only need to show proof of availability of the required funds on the day of application.

If you are using overseas currency, you must clearly mention the exchange rate applied and money in GBP.

Your study is in London if the majority of your study (more than 50% of your study time) will be in any of the following London boroughs: Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster. If you are not studying in any of these boroughs, you will be considered as studying outside London. The address given in your visa letter will be used as proof of your main study site.

You must show the following amount of money to meet basic living costs (not including fees):

£800 per month if you are living in London;
£600 per month if you are living outside London.

You can prove you have the money if you have:

cash in an account in your name (this includes joint accounts with your name); or
a loan in your name; or
official financial or government sponsorship.

Child students can use an account in their parent or legal guardian’s name.

If you have already paid some of your fees or accommodation before applying for your visa, this amount will be taken away from the total amount of money you need to show. For accommodation, this only applies if you are staying in university or college arranged accommodation.

Dependents

Any partners or children who want to come to the United Kingdom with you must also have documentary proof that they have enough money to support themselves.

Child students are not allowed to bring partners to the United Kingdom with them as dependents. Anyone who has any children under the age of 18 who are living with them or who they are financially responsible for, is not able to come to the United Kingdom as a child student.

Additional documents and proof for students under 18 years’ old

All students under 18 years old will need to get their parent(s) or legal guardian’s written consent to the care arrangements for their travel to, reception and care while in the United Kingdom, before permission to enter or stay will be given.

Extra studies

As a child or adult student, you are allowed to do extra courses, for example, evening courses or other course relevant or irrelevant to your main course of studies. You do not need permission from UKBA to do extra studies, and you do not need to tell your approved education provider. But you must make sure that the extra course does not get in the way of the course that you have permission to stay for.

Switching Rules

You can switch in to the adult student category if you have, or were last given, permission to stay in the following categories:

skilled worker (Tier 2 General)
intra-company transfer (Tier 2)
minister of religion (Tier 2)
child student (Tier 4)
prospective student
student
student re-sitting an examination
student nurses
students writing up a thesis
Student Union sabbatical officer
work permit holder
a postgraduate doctor or dentist
participant in the SEGS
participant in the IGS
participant in the FT: WISS

Extension of staying

You can apply to extend your permission to stay while you are in the United Kingdom, or you can apply to extend your permission from outside the United Kingdom.

You may need a lower amount of money for your living costs. The money you need to apply for a further course of study or to complete an existing course of study will depend on the length of your course and where you will study.

This applies if you have undertaken a course of study in the United Kingdom in the last four months before you apply, and the course of study was six months or more, and you wish to apply for a further course of study or to complete an existing course of study.

Appeals (In country Applications only)

If your application for permission to stay is refused, you may be able to appeal. Details on how and if you can appeal will be included with your reasons for refusal letter.

It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.

Administrative Review (Entry clearance applications only)

1. Pre Requisites

In order to apply for a student visa, one has to take an admission in a diploma / degree / post-graduation course in a recognized college or University of the UK who provides all the relevant documents to support student visa application.

2. Who Can Qualify?

Any person can apply for a student visa who has got an unconditional offer of a place in a diploma / degree / post-graduation course in a recognized college or University of the UK. He needs to establish a link between his existing studies / work experience with the diploma / degree / post-graduation course to be taken in the UK.

3. What Documents to Submit?

The persons intending to apply for a student visa need to provide following documents with their entry clearance application.

• Entry Clearance Form

• Two Passport size Pictures

• Original Passport

• Visa Fees (If applicable)

• Copies of the Educational / Work experience Documents

• Unconditional Offer of a place in the College / University

• Proof of payment of partial / full fees of the course (if available)

• Bank statements / Proof of income

• Affidavit of support from the Sponsor (If sponsored by another person)

It is also advisable to provide any proof of family, social and financial ties with the home country that may be:

• Property Documents

• Business Documents

• Family tree

• Any memberships of professional bodies

4. Duration of Visa

The applicants are normally issued a visa for the complete duration of course; however the students can always apply for an extension of visa while remaining within the UK, if it is not the case.

5. Right of Appeal

If the British Diplomatic Post refuses the entry clearance application of a student, the applicant has got a right of appeal that need to be lodged within 28 days of the receipt of refusal letter. The Entry clearance manager normally reviews the decision in the light of the grounds of appeal and may overturn the decision and decide to issue the visa. If the decision is not overturned in the review then the case is sent to the Asylum & Immigration Tribunal in the UK for a full Court Hearing.

6. Work Allowed

Students having leave to remain for more than 6 months are allowed to work part time (20 Hours a week) during the duration of their course. They can also work for more than 20 hours per week during term time unless the student`s placement is part of the studies, has been agreed with your education institution and leads to a degree or qualification awarded by a nationally recognised examining body.

7. What is not allowed?

Students are not normally allowed to engage themselves in Business or self-employment without seeking permission from the Home Office. They cannot legally become a partner / sole proprietor / Director in a business. They are also not allowed to work as a Professional entertainer / sportsperson or to take a full time permanent employment without seeking permission from the Home Office.

8. Change of Courses / Institutions

A student can always change the course or educational institution for which they have been issued the visa, without seeking prior permission from the Home Office.

9. Extension of Visa

Students can always apply for an extension of visa while remaining within the UK; they need to show any progress of studies undertaken till that time and evidence of availability of finances to support their studies. The maximum period of time that a student can stay in the UK on short courses one after the other, below degree level, is two years.

A person seeking to take a short term course would be given max. six months’ visa and he would be required to leave the UK at the end of that visa. If he wishes to seek part-time employment or extend their stay in the UK will require prior entry clearance as a student. Any period as a student visitor will be counted as a period spent as a visitor.

10. Spouse / Children

Students can always invite their spouse / children to join them as their dependents during the time of their course provided they could support their families without recourse to public funds and their leave to remain is for more than 6 months. The spouse will be allowed to work if the student is given leave to enter / remain in the UK for 12 months or more.

11. Switching Rules

Since 01st of October 2004, there have been some major changes in the switching rules. Now students need to obtain a degree from a recognized University to switch into most of the immigration categories while remaining within the UK, however there are some categories where a student can switch into without completing his degree in the UK.

Following are the Immigration Categories where a student can switch without obtaining a degree:

• Spouse Visa (Provided the applicant has been issued a student visa for more than 6 months initially and he has got more than 3 months of his current leave to remain).

• Religious Minister (provided they have lived as a student for 12 months and fulfil all the requirements to apply as a Religious Minister.

• WP TWES

Following are the Immigration Categories where only those students who have successfully graduated from an educational institution in the UK, can switch into while remaining within the UK:

• WP (Business & Commercial)

• HSMP

• Science & Engineering Graduate Scheme

• Business Person

• InnovatorFresh Talent Working in Scotland Scheme (Provided the applicant has completed his HND, Graduation, Masters or PHD in Scotland and lived for a considerable amount of time period and qualifies for this scheme)

12. Settlement Prospects

There is only one option available for students to get permanent settlement in the UK i.e. Long-term residence. If a student remains in the UK for ten years then he can apply for Indefinite Leave to Remain in the UK. But if the student switches his immigration category then he would have another option to get an Indefinite Leave to remain on the basis of that immigration category.

For example, if after remaining student for two years he changes his immigration status to HSMP, which allows a person to apply for an Indefinite Leave to remain after remaining for five years in the UK. So, in this case that person can apply for an indefinite leave to remain after a total of seven years of living in the UK, although he would still have a right to apply for Indefinite leave to remain after 10 years of continuous residence in the UK.

Tier 5 - Temporary Workers

Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:

• Tier 5 Youth Mobility

• Tier 5 Temporary Workers

• Temporary workers - creative and sporting

• Temporary workers - charity workers

• Temporary workers - religious workers

• Temporary workers - government authorized exchange

• Temporary workers - international agreement

Tier 5 (Youth Mobility)

About the scheme Applicants will only be able to apply for the Tier 5 (Youth Mobility) scheme once in a lifetime. Nationals who have previously spent time in the UK as a working holidaymaker will not be eligible for this scheme.

It should be noted that each country listed in Tier 5 (Youth Mobility) will have an annual allocation of places under this scheme. If a country exceeds its allocation ‘quota’, no further applications will be accepted from anymore of their nationals.

B. Requirements

Applicants intending to apply under this scheme will need to satisfy the following criteria:

1. Be aged between 18-30

2. Have no dependents

3. Be sponsored by their national government if from a participating country

4. Demonstrate the availability of at least £1,600 in funds

5. Be required to obtain entry clearance

It is important to note that individuals will not be eligible for the YMS if they have children under 18 years of age who are living with them or for whom they financially support/maintain.

Applicants will need to score a total of 50 points for the above criteria which is detailed in the next section.

C. Points Assessment

Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 50 points is required in order for applicants to successfully submit an application for the Tier 5 (Youth Mobility) scheme.

Points are awarded under the following heads:

National of a country participating in the Youth Mobility Scheme – 30 points

To score points under this section, applicants will need to be a citizen of Australia, Canada, Japan, New Zealand; or a British Overseas Citizen, British Overseas Territories Citizen or a British National (Overseas)

Age – 10 points

To score points under this section, applicants will need to be between 18 years of age and 30 years of age

Maintenance (Funds) – 10 points

To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves in the UK. The requirement is to show £1,600 in their own personal bank account.

D. Visa Validity and Extension

Applicants successful under the Tier 5 (YMS) will be granted Entry Clearance valid for 2 years. YMS migrants are therefore able to stay in the UK for the full period of the 2 years.

Please note that applicants on the YMS are not entitled to extend their stay on this visa OR switch into any other provision under the points based system or switch visa status.

E. Applying for Entry Clearance

Applicants are able to apply for Entry Clearance under the YMS from the following places:

* applicant’s home country; or

* the country where the applicants are residing provided the entry clearance post is authorized to accept YMS applications and the applicant has been residing in the country for more than 6 months

Please note that applicants for the YMS can only apply from outside of the UK. Applications from within the UK will not be accepted.

F. What work is allowed under the YMS?

YMS migrants have the freedom to access the job market during their stay in the UK, except employment as a professional sportsperson or a doctor in training. Migrants are also permitted some self-employed activities however these are subject to conditions.

It is advised to seek advice on what types of employment/self –employment are permitted as any work or business activity which does not fall in line with the terms of the YMS will breach conditions of leave under this scheme.

YMS migrants are also entitled to study in the UK if this is privately funded and/or engage in voluntary work and au pair placements in the UK.

Tier 5 (Temporary Workers)

The Tier 5 (Temporary Workers) scheme provides individuals the opportunity to come to the UK with a job offer for a specific purpose or temporary/short term employment. The scheme consists of five subcategories to clarify the range of employment for different industries.

All applicants will be required to have both a sponsor and a valid ‘certificate of sponsorship’ before applying for leave to be employed under this scheme. This certificate of sponsorship is designed to act as a declaration that the applicant is able to take on a particular job and has the full intention to do this.

All applicants applying under this scheme will require prior entry clearance, save for the non-visa nationals intending to come to the UK for a period of 3 months or less in the “creative and Sporting” subcategory.

Each Tier 5 (Temporary Worker) subcategory is explained as an individual category.

Tier 5 (Temporary Workers) – Creative and Sporting

This category accommodates those who wish to work or perform as sports people, entertainers or creative artists for a maximum period of 12 months. The employment is for short engagements or contracts and is suitable for sports players, coaches, dance artists, artists in music, theatre, film or television.

A. Requirements

Sportspeople

Applicants applying as ‘Sportspeople’ will need to be internationally established at the highest level in their industry. Their employment in the UK should also intend to make a ‘significant’ contribution to the development and operation of that particular sport in the UK.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship with an endorsement for the applicant from the relevant sport’s governing body. This endorsement will need to confirm the above criteria and will further need to confirm that the post could not be filled by a suitable resident worker in the UK/EU.

Creative Worker

Applicants applying as a ‘Creative Worker’ and those included in the entourage involved in dance, theatre, film or television will need to demonstrate that they are attending specific engagements in the UK and do not wish to base themselves in business in the UK.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions and that the applicant will comply with the conditions of their visa and leave the UK upon expiry of the visa.

All applicants will need to score a total of 40 points for the above criteria which is detailed in the next section.

B. Points Assessment

Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application for the Tier 5 (Temporary Workers) scheme.

Points are awarded under the following heads:

Certificate of Sponsorship – 30 points

To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.

Maintenance (Funds) – 10 points

To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.

The requirement is to demonstrate either/or the following:

• At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependent);

• The sponsor guaranteeing the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependents).

C. Visa Validity and Extension

Applicants successful under the Tier 5 (Temporary Workers) will be granted Entry Clearance valid for a maximum period of 12 months; or a shorter period if this is specified in the certificate of sponsorship.

‘Creative Workers’ are the only exception to this condition as they are able to apply for an extension for a maximum of 12 months at a time, amounting to a total period of 24 months, provided they remain with the same sponsor.

Applicants can only up apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days,

Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK.

D. Group sponsorship certificates

Applicants are able to include their entourage when entering the UK using a ‘group’ certificate of sponsorship. The entourage can include people whose work is relates to the employment of an entertainer, cultural artist, sportsperson or a dramatic production. Persons included in the entourage should be able to demonstrate their technical and/or specialist skills.

E. Multiple engagements

Applicants who are required to perform/participate in several engagements or performances may need to request their employer to issue a certificate of sponsorship to cover the whole period. The maximum days between each engagement should be no more than a maximum of 14 days.

However, if each engagement is sponsored by individual employers, venues or promoters, each of those sponsors are able to issue a certificate of sponsorship for the purpose of covering its own show. The dates on each certificate must not overlap and again there must not be more than 14 days’ gap between each engagement.

F. Switching

Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK.

No applicants from other Tiers of the points based system are entitled to switch into the Tier 5 (Temporary Worker). In the same way, applicants from Tier 5 (Temporary Worker) cannot switch into other Tiers. The Tier 5 (Temporary Worker) route does not lead to settlement in the UK or offer applicants the opportunity to switch into any other work or study category.

No switching is permitted between the subcategories of Tier 5 (Temporary Worker).

G. Applying for Entry Clearance

Applicants are able to apply for Entry Clearance under the Tier 5 (Temporary Worker) from the following places:

• applicant’s home country;

• any other country where the applicant is currently in a similar role as a sportsperson or creative artist

H. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting

Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.

In addition, applicants under this category are able to undertake supplementary employment providing the work is in the same sector, and for no more than 20 hours per week. The work must be at the same level as declared on the certificate of sponsorship and must be outside of normal working hours. The applicant is obliged to continue to work for their original sponsor.

The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.

I. Change of Employment

Applicants who have previously obtained permission to enter or remain in the UK may be able to apply for a “change of employment”. This is on the basis that that the applicant intends to vary their leave in the UK because they have changed employment either within the same organization or with a new organization.

The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all-important maintenance requirement.

It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.

J. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5

Applicants who are already in the UK or who have already obtained a valid entry clearance for the immigration schemes due to be abolished will be able to enter and re-enter the UK as per the conditions on their visa.

Applicants who have been granted entry clearance but their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave.

Applicants who have not been granted entry clearance and their current leave is for six months or less, are not entitled to re-enter the UK under any of the abolished categories - unless they are currently a work permit holder; or they have been granted entry clearance for their current leave.

Applicants who have a multiple entry work permit are not entitled to apply under these transitional arrangements. They are required to return to their legal country of residence and make a fresh application.

Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.

There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes and they do not lead to settlement in the UK:

* the working holidaymaker scheme;

* the Japan: Youth Exchange scheme;

* gap year entrants working in United Kingdom school’s concession.

K. Dependents of Tier 5 (Temporary Workers)

Dependent of those applying to enter as Tier 5 (Temporary Workers) migrants will be able to accompany the main applicant to the UK as long as there is evidence of at least £533 in available funds to maintain each dependent.

Each Tier 5 (Temporary Worker) subcategory is explained as an individual category.

Tier 5 (Temporary Workers) – Charity Workers

This scheme provides individuals with the opportunity to come to the UK temporarily and take up unpaid voluntary work in relation to the objectives of their sponsor. All activities undertaken in the UK must be temporary, voluntary and constitute no remuneration.

A. Requirements

The applicant should intend to undertake fieldwork directly in relation to the aims of the sponsor organization/charity and intend to only work on a temporary basis. No permanent position can be accepted and the applicant will be required to comply with the conditions of their visa and leave the UK upon expiry of the visa.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

All applicants will need to score a total of 40 points for the above criteria which is detailed in the next section.

B. Points Assessment

Points are awarded under the following heads:

Certificate of Sponsorship – 30 points

To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.

Maintenance (Funds) – 10 points

To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.

The requirement is to demonstrate either/or the following:

• At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependant);

• The sponsor guaranteeing the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

C. Visa Validity and Extension

Applicants can only apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days,

[Creative and Sporting applicants, who have not applied for entry clearance as non-visa nationals and have entered the UK for a period of less than 3 months, cannot apply to extend their leave in the UK].

D. Switching

No switching is permitted between the subcategories of Tier 5 (Temporary Worker).

E. Applying for Entry Clearance

Applicants are required to obtain prior for Entry Clearance under the Tier 5 (Temporary Worker) before entering the UK under this scheme. Applicants can apply for Entry Clearance from their home country or legal country of residence.

F. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting

Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.

The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.

G. Change of Employment

The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all-important maintenance requirement.

It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.

H. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5

Applicants who have been granted entry clearance but their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave.

Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.

There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes and they do not lead to settlement in the UK:

• the working holidaymaker scheme;

• the Japan: Youth Exchange scheme;

• gap year entrants working in United Kingdom school’s concession

Tier 5 (Temporary Workers) – International Agreement

This scheme is for individuals who are coming to the UK to provide a service in the UK on a contractual agreement which is covered under International Law. This includes the General Agreement on Trade in Services (GATS) or other international agreements, employees of overseas governments and international organizations as well as private servants in diplomatic households.

A. Requirements

1- General Agreement on Trade in Services (GATS)

The applicant will be required to work for a sponsor of a country that is a member of the World Trade Organization (WHO) and have signed up to the agreement; or has a bilateral agreement with the UK or the EU; or is a member of the European Union. The applicant will need to be engaged in employment which satisfies the terms and conditions of the specified international agreement and finally, (where relevant) works for the employer that was awarded the contract or will provide services to the UK client.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

2- Employees of Overseas Governments and International Organizations

The applicant will be required to be under a contract of employment with the overseas government or international organization. The applicant cannot be employed in any other employment for its sponsor other than that specified in the certificate of sponsorship and should not intend to change to a different category of worker within the international agreements scheme subsequent to entering the UK.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

3-Private Servants in Diplomatic Households

[Applicants should that this category is not the same category as ‘private servants in domestic households’. This category will currently remain outside the new points based system].

The applicant is required to be 18 years of age or above with the intention to work full time as a domestic worker. They will need to be employed and serve as a private servant in the household of a staff member of a diplomatic/consular post; or an official employed by an international organization. The applicant can only work for their sponsor in this capacity.

The applicant will be required to comply with the conditions in their visa and intend to leave the UK upon expiry of the visa.

Employers sponsoring applicants under this category will be required to issue a certificate of sponsorship which guarantees these conditions.

All applicants will need to score a total of 40 points for all the above criteria which is detailed in the next section.

B. Points Assessment

Points are awarded under the following heads:

Certificate of Sponsorship – 30 points

To score points under this section, it is mandatory that applicants are in possession of a valid certificate of sponsorship issued by their sponsor.

Maintenance (Funds) – 10 points

To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves for the duration of their stay in the UK.

The requirement is to demonstrate either/or the following:

• At least £800 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application (plus £533 for each dependent);

• The sponsor guaranteeing the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependents).

C. Visa Validity and Extension

Applicants can only apply for an extension of their visa up to the maximum period of 12 months or if shorter, the time specified in the certificate of sponsorship plus 14 days,

D. Switching

No switching is permitted between the subcategories of Tier 5 (Temporary Worker).

E. Applying for Entry Clearance

F. What other work is allowed under Tier 5 (Temporary Worker) Creative and Sporting

Applicants under this category are able to work on short term contracts; or participate in/ perform at specific engagements relevant to their role and specified in their certificate of sponsorship.

The applicant is not permitted to work in any other employment which fails to satisfy the above criteria.

G. Change of Employment

The employment will need to be with a licensed sponsor and the applicant is required to obtain a new certificate of sponsorship and again satisfy the all-important maintenance requirement.

It is advised to seek professional legal advice if you wish to change your employment whilst in the UK.

H. Transitional Arrangements for those who have already applied under the schemes to be replaced by Tier 5

Applicants who have been granted entry clearance but their current leave to remain is for six months or more will be able to leave and re-enter the UK during their period of leave.

Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.

There are no transitional arrangements for the following categories, as no extensions are allowed under these schemes and they do not lead to settlement in the UK:

the working holidaymaker scheme;
the Japan: Youth Exchange scheme;
gap year entrants working in United Kingdom school’s concession

Updated on Sunday, January 7th , 2024