This Points Based System tier is for highly skilled individuals and does not require applicants to have an offer of UK employment. It comprises of four sub-categories.

Tier 1 (exceptional talent)

This category is in place of Tier 1 (general) that closed in 2011. This category is aimed at world leaders – or potential world leaders – in the fields of Arts and Science. The UKBA have limited approval to 1,000 applicants per year. In order to be able to meet the criteria, applicants must have a prescribed form of endorsement letter from one of The Royal Society, Arts Council England, The British Academy or the Royal Academy of Engineering.

Tier 1 (general)

This has replaced the Highly Skilled Migrant Programme (HSMP) and is now closed to new applicants. If an applicant already has leave to remain in the UK as either a holder of HSMP or Tier 1 permission, extension and settlement applications under this sub-category are still possible.

Tier 1 (entrepreneur)

This sub category replaces the old business person application within the Immigration Rules and requires applicants to have access to £200,000 to invest into a new or existing business. There are also requirements regarding English language and maintenance (savings).

Tier 1 (investor)

Similar to the entrepreneur, the investor sub-category is based on an existing application and is aimed at high net worth individuals who have access to at least £1 million. Unlike the sub-categories above, the English language and maintenance requirement do not apply.

Tier 1 (post study work)

Recent graduates from UK universities can apply for permission to work in the UK for two years. Although the same English language requirement applies as with Tier 1 (general) this is automatically met if the qualification obtained meets the attributes requirements. Maintenance still needs to be met. This category differs from the others as it does not in itself lead to settlement in the UK.

This permission is scheduled to be closed in April 2012.

Application for Tier 1 permission is made direct to the UKBA for in-country applications or as an entry clearance visa application to a UK consulate overseas with all original supporting documentation.

To find out more, please contact our head of Immigration in London, Gavin Jones, on gavin.jones@bllaw.co.uk or 020 7814 5495. Alternatively, you can fill out our enquiry form and a member of the team will be in contact shortly.