news

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Evidential flexibility now in Immigration Rules!
Good news for people applying under the Points Based System (including Tier 1 General, Tier 1 entrep ...
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Tier 1 - highly skilled workers

Please note that there have been many changes to this category in the last 12 months including the closure of the Tier 1 General category to new entrants. We therefore recommend that if you have any questions you should contact us directly. We cannot guarantee that all of the information on this website is completely up to date due to the frequent number of changes.

This was the first part of the new Points-based system (PBS) to come into force. Tier 1 General it has now been closed to new entrants. Tier 1 also includes investors, entrepreneurs and post-study workers. These other categories are still open though there have been proposals from the Government to close the Post-study category in 2012.

Who does it apply to?

Tier 1 is the “highly skilled tier” and replaces the current HSMP (Highly Skilled Migrant Programme), Investor, International Graduate Scheme, Business person, Innovator, Sole representative, self-employed lawyer, writer, composer and artist routes.

** Important: Under the Points Based System, it is possible to submit a Tier 1 application from within the UK even if you no longer have current leave to remain (i.e even if your visa has already expired), as long as your last grant of leave was in one of the acceptable categories mentioned in the Policy guidance and as long as you meet all of the points requirements – the points requirements have been amended many times and for Tier 1 General will depend on when an applicant first applied for leave in this category. If you have any doubt about your eligiblity please contact us for a free assessment if you need more advice on this option.

Our Services

We advise and assist applicants with all Tier 1 related matters including:
Applications for tier 1 leave to remain in the UK (extensions only within Tier 1 General);
Same-day service applications;
Appeals where tier 1 leave is refused;
Entry clearance applications for tier 1 entry clearance;
Entry clearance reviews;
Applications for Indefinite leave to remain;
Naturalisation/Citizenship;
Judicial review applications against refusal of tier 1 entry clearance/in-country refusals.
If you would like to know more about our services or need help with any of these matters, contact us for a free assessment.


Requirements (Tier 1 - General) - NOTE - THE POINTS CRITERIA FOR EXTENDING LEAVE WITHIN THIS CATEGORY DEPEND ON WHEN SOMEONE FIRST APPLIED FOR LEAVE WITHIN THIS CATEGORY. CONTACT US FOR MORE DETAILS.


Dependents

If you are successfully granted leave to stay in the UK under tier 1, you are entitled to bring children under the age of 18, spouses or unmarried partners to join you in the UK although they must also apply for entry clearance before coming.

Tier 1 refusal by the Home Office or by an entry clearance post

If your Tier 1 application is whilst applying from within the UK, whether there is a right of appeal to the Asylum and Immigration Chamber (AIC) will depend on whether you still have leave to remain in the UK. If the decision to refuse you leaves you without any leave to remain then you will have a right of appeal.

If you don't have a right of appeal but think that the decision to refuse you is unreasonable then you may be able to challenge the decision through a Judicial Review application.

If you have been refused a Tier 1 application from outside the UK you will not have a right of appeal but there is a right to review to the Entry Clearance Manager.

We are currently seeing a high number of refusals of Tier 1 entrepreneur applications and have already dealt with a successful appeals.

If your application has been refused and you want to know whether you could win an appeal, see our appeals page for more information or contact us for a free assessment. We have an excellent appeals success rate of over 90%.

See our Succes Stories page for more details.


Fresh Applications

Under the Points Based System, it is possible to submit a fresh Tier 1 application from within the UK, even if your previous visa has expired and you no longer have leave to remain in the UK. If you are in possession of your passport, you should be eligible to submit a same-day application to the Home Office, but you must still meet the points requirements above.

However, there are consequences to this course of action and you are advised to contact us for more in-depth advice.


Settlement (ILR)


Grants of leave under Tier 1 are for up to 3 years.

To apply for settlement you must complete a continuous period of 5 years in the UK either under Tier 1, HSMP, as a work permit holder or an innovator.

Note that leave spent in the UK as a student or on the post-study scheme does not count towards this 5-year period though it may count toward the 10-year settlement qualification period in paragraph 276 of the Immigration Rules.

Contact us if you have any further questions about any Tier 1 related issues.

success stories

Tier 1 and Tier 2 Appeal and Judial Review Victories
The Home Office have been interpreting the Tier 1 and Tier 2 requirements very strictly.

We have had great success in winning many appeals and Judicial Reviews against Tier 1 and Tier 2 refusals.
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Entry Clearance Appeals
Decisions of Embassies and BHCs overseas sometimes fail to fairly consider an individuals case. Refusals over the last few months have often been on maintenance grounds on the basis of minor issues with documents.

We have an excellent record of overturning unfair decisions made by Entry Clearance Posts.

See more details of our recent successes.
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