IMMIGRATION AND VISAS

There are a number of ways people may be eligible to live and work in the UK:

• Family Migration
• Job Offer/ Work Permit
• Business Migration
• Investment
• Highly Skilled Worker

The first step on the road to a career in the UK is to establish whether or not you are eligible to migrate. In order to help you, we need some basic information about your background, education, work experience and other key factors that will determine your eligibility.

As of 30 June 2008, major changes to the UK Immigration policy have come into effect. Many people will now qualify under Tier 1 – Highly Skilled Worker. This is a category of the points-based system for coming to the United Kingdom to work, train or study. It applies to people who are looking for highly skilled employment in the United Kingdom, or are self-employed or setting up a business. You will not need a job offer or a business plan to apply under this category.

To apply under the points-based system and be accepted into Tier 1 (General) – highly skilled worker, you must pass a points-based assessment. You must score:

• 75 points for your attributes (age, qualifications, previous earnings, and experience in the United Kingdom); and
• 10 points for English language; and
• 10 points for available maintenance (funds).

If you do not score a minimum of 75 points for your attributes, 10 points for English language and 10 points for available maintenance (funds), your application will be refused. It is not a simple matter of plugging your information into a points calculator to work out your score. We need to conduct a thorough assessment of your case to be able to properly advise you of your options. If you would like to know more, please complete our Eligibility Assessment Form. One of our consultants will come back to you with your assessment results and explain the best way to proceed.

Family Migration

Your children entering the UK as your dependants are entitled to the same free education as British children. You may choose to send your children to a private school if you wish.

Health care

You and your family are eligible to free health care provided by the National Health Service. You are not required to take out private health insurance. Am I able to make the UK my home on a permanent basis?

Your initial visa will be valid for a period of 12 months. It will be based on your demonstrated assets and your stated plans, but no investment need occur before the visa is issued.

Within 3 months of your arrival in the UK you should have transferred the funds to the UK.

At the end of your first 12 months in the UK, you may apply for your visa to be extended for a further 3 years. This application will normally be successful as long as:

• You transferred the funds to the UK within 3 months of arrival,
• Any reduction in the value of your investment in the UK is due solely to fluctuations in share price,
• The total level of the investment us still in excess of £1 million.

If, during your first 12 months, the value of you UK portfolio falls below £1 million then your application to extend your visa will be closely scrutinised, and in some circumstances you may not get your extension.

After a total of 4 years in the UK you may apply for indefinite leave to remain (Permanent Residence). A year after being granted indefinite leave to remain you may apply for naturalisation as a British citizen.

Work Permit/ Job Offer

Tier 2 of the points-based system (PBS) will open in the United Kingdom (UK) on 27 November 2008. This will enable UK employers to recruit individuals from outside the European Economic Area (EEA) to fill a particular job that cannot be filled by a British or EEA national.

One of the requirements of the PBS will be that, in most cases, migrants coming here to undertake skilled or highly skilled work must provide evidence to demonstrate that they have an acceptable standard of English. The ability to speak English to a competent level improves a migrant's potential to succeed in the labour market and to integrate in the United Kingdom.

One way in which applicants can demonstrate this will be by providing evidence that they have passed an English language test. Only tests that have been assessed as meeting the UK Border Agency standards will be accepted as evidence that the applicant meets this requirement.

Tier 2, relating to skilled workers, replaces the current work permit scheme. Tier 5 covers temporary workers entering the United Kingdom for a short period.

What is the tier 2 - skilled worker category?

The tier 2 - skilled worker (general) category is for skilled workers with a job offer to come in to fill gaps in the United Kingdom labour force that cannot be filled by the resident workforce.

The job must be at S/NVQ level 3 or above, and the migrant must earn the appropriate salary or other package of remuneration appropriate for the job in the United Kingdom.

What is the tier 2 intra-company transfer category?

The intra-company transfer category is for employees of multi-national companies who are being transfered by an overseas employer to a skilled job in a United Kingdom entity (body). The transferring employee must have at least six months experience of working for the overseas entity, directly before the transfer.

If you own shares in two or more entities, this does not mean that you can apply under tier 2 - intra-company transfers category. Because of the specific nature of these transfers, you do not have to meet the resident labour market test. However the migrant must have been working in an oversaes part of your organisation for at least six months before the transfer.

The job must be at S/NVQ level 3 or above, and the migrant must earn the appropriate salary or other package of remuneration appropriate for the job, such as specific allowances we deem appropriate, in the United Kingdom.

ENTREPRENEUR

Do I qualify to come to the UK to run my own business?

How many points you must score to apply

Points are awarded for the following categories, which are known as attributes:

• access to £200,000;
• the money is in a regulated financial institution;
• the money is disposable in the United Kingdom.

You will need a total of at least 75 points to be able to apply.

The points available are:

The points awarded for access to £200,000

You will score 25 points if you have £200,000 of your own money available to make a fresh investment into business in the United Kingdom.

You may include money made available by one or more other people (known as 'a third party or parties'). You must also provide a declaration, from every other contributor, that the money is available to you or the business that you are running, together with confirmation from a legal representative that the declaration document is valid.

A husband, wife or partner is a third party.

The points awarded for money being in a regulated financial institution

You will score 25 points if your money is held in one or more regulated financial institutions.

The financial institution or institutions that provide confirmation of the money available to you must be regulated by the home regulator. The home regulator is an official financial regulatory body in the country where the financial institution operates and the money is located.

The points awarded for money being disposable in the United Kingdom

You can score 25 points if you have money held in the United Kingdom in an institution that is regulated by the Financial Services Authority.

If the money is not held in the United Kingdom, all of the £200,000 required to qualify must be freely transferable to the United Kingdom and able to be converted to pounds sterling.

If the money is held overseas but in an institution that has a presence in the United Kingdom and is regulated by the Financial Services Authority, then the institution already does business in the United Kingdom and we will not need any further evidence that the money can be transferred into the United Kingdom.

If you rely on money held in an overseas institution that is not regulated by the Financial Services Authority, you must provide confirmation that the money can be transferred into the United Kingdom. You can do this with a document from your bank or financial institution.

Do I qualify to come to the UK as an Investor?

How many points you must score to apply

Points are awarded for the following categories, which are known as attributes:

• you have £1,000,000 of money that is disposable and in a regulated financial institution; or
• you have £2,000,000 in personal assets and have £1,000,000 that is in a loan from an authorised financial institution.

You will need a total of at least 75 points to be able to apply.

The points available are:

The table applies if you want:

• permission to enter the United Kingdom (known as 'entry clearance') in this category; and
• permission to stay (known as 'further leave to remain') in the United Kingdom in this category when your previous permission to stay was given under a category other than the tier 1 investor category or the former investor category.

Exemption from English language and maintenance requirements

You will not need to meet the separate English language requirement that applies to most other applicants under the points-based system. This is because, while you are allowed to work in the United Kingdom if you wish to, you should not need to work.

You will not need to meet the separate requirement for maintenance (funds) that applies to most other applicants under the points-based system. This is because you will have met the main requirements (attributes) for this category and shown your ability to support yourself in the United Kingdom without needing help from public money.

£1,000,000 in money that is disposable and in a regulated financial institution

You must show that you are able to make an investment of £1,000,000 or more in the United Kingdom. This money may be held overseas at the time of your application, or it may already be in the United Kingdom.

If the money is not held in pounds sterling, you must convert it into pounds sterling to show that you have the minimum investment required. We will check this rate using the spot exchange rate on the OANDA website, which you can find on the right of this page, on the date on which you apply.

You may rely on money that you own jointly with your husband, wife, civil partner, unmarried or same-sex partner (known as partner). You may also rely on money that is owned solely by your partner. You must have unrestricted right to transfer and dispose of the money held jointly and solely by your partner and have permission from your partner to have control of this money in the United Kingdom.

The money must:

• be held in a regulated financial institution;
• be disposable in the United Kingdom; and
• amount to £1,000,000 or more.

£2,000,000 in personal assets and £1,000,000 that is in a loan from an authorised financial institution

An authorised financial institution is one that is regulated by the Financial Services Authority.

If you intend to borrow money from an authorised financial institution, and are pledging the investment as security, the level of personal net worth is £2,000,000.

You may borrow all of your £1,000,000 investment money.

Assets held by your husband, wife, civil partner, or unmarried or same-sex partner (known as partner), either jointly or in your partner's own name, can be taken into account when assessing your net worth.

You may not mix personal money and borrowed money in order to meet the total £1,000,000 investment required to score 75 points.

Highly Skilled Worker

What categories points are awarded for

Points are awarded for the following categories:

• age;
• qualifications;
• previous earnings;
• United Kingdom experience;
• English language; and
• maintenance (funds).

How many points you must score

You will need at least 95 points to be able to apply, which must include 10 points for English language and 10 points for maintenance (funds).

How many points you must score for your attributes

You must score a total of at least 75 points for age, qualifications, experience and earnings known as attributes. The points available are:

How many points you must score for English language

You must score 10pts for English language or your application will be refused

English is the official language of the United Kingdom. The ability to speak English to a competent level improves your potential to succeed in the United Kingdom labour market and helps you integrate into the United Kingdom. So you must have a good knowledge of English.

There are three ways that you can score points for English language. You can:

• be a national of a majority English speaking country; or
• pass an English language test on our list of approved ; or
• hold a degree assessed by UK NARIC as being taught in English and is equivalent to a United Kingdom bachelor's degree or above.

How many points you must score for maintenance (funds)

The points awarded for maintenance (funds) if you are applying from outside the United Kingdom. You must score 10 points for maintenance (funds). These will be awarded if you are applying to a British overseas entry clearance post for permission to come to the United Kingdom (known as 'entry clearance') and have £2,800 in available funds.

You must have the £2,800 in your account for at least three months before you apply, and be able to send documents that show the money has been there for three months.

You must prove your maintenance (funds) by sending the specifed evidence to support your application, or your application will be refused.

Maintenance (funds) can include:

• cash savings in your account that have been in your account for at least three months before your application;
• cash savings in a joint account that have been in your joint account for at least three months before your application;
• cash savings in a account overseas (we convert the amount to pounds sterling using the rate which appears on the OANDA website, which you can finds on the right of this page, and the date on your bank statement), that have been in your account for at least three months before your application.

Eligibility Assessment Service

It is difficult to begin to plan your new life overseas unless you have a clear picture of the options available. You may be asking yourself the following questions…

• Do I qualify to go to this country?
• What do I have to do to immigrate ?
• What career opportunities are available to me ?
• Where will I find the best opportunities ?
• What else do I have to think about ?

If you would like to find out more about your potential opportunities, we recommend you take advantage of our eligibility assessment service.

Our expert staff can carry out a detailed appraisal of your background and advise you as to your likely eligibility for the appropriate Visa.

You can download an assessment form below or, alternatively, simply contact your nearest Four Corners Office and we will forward an assessment form to you. Click here to view our assessment form. or complete our quick assessment form online.