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UK IMMIGRATION TIER SYSTEM

United Kingdom has changed its immigration law in 2008 and implemented a point based system for non-European Union migrants wishing to come to the UK to work and study.  The new immigration system is split into a five tiers that replaced the previous 80 different ways that existed. Each tier has different conditions, entitlements for an applicant to qualify and meet entry requirements for migrants wishing to work and live in the UK.

Under Tier 1 the highly skilled migrants, post-graduates, entrepreneurs, and investors are brought into the system.   Tier 1 was implemented in early 2008.

Enclosed is the overview of the points based tiered immigration system.  The five tiers are explained below. 
Tier 1 - This is for highly skilled migrants, entrepreneurs, investors, and graduate students. This replaced the previous Highly Skilled Migrant Programme (HSMP), the Entrepreneur and Investor schemes, and the International Graduates Scheme.

Tier 2 - This is for skilled workers who have a job offer in United Kingdom. This tier encompasses the previous UK Work Permit rules and also  for  Intra-Company transfers.

Tier 3 - This is for limited numbers of lower skilled workers to fill temporary shortages in the labour market.

Tier 4 - This is for Students.

Tier 5 - This scheme is for youth mobility and temporary workers, such as those who come under Working Holiday agreements with other countries.
Tiers 1, 2 and 4 will be eligible to change to another tier once they are in the UK if they can meet the requirements of that tier. Tiers 1 and 2 (excluding Intra-Company transfers under Tier 2) can potentially lead to settlement if the permanent residence requirements are met at the time of application.

With regarding to Tiers 3 and 5 are temporary migration visas and applicants who come under these tiers are not be able to switch to a different tier from within the UK. The UK has also suspended Tier 3 in favour of migrants from the EU; though, this may change depending on labor market demands.

POINTS STRUCTURE - An applicant has to score  sufficient number of points to gain entry clearance to United Kingdom or to extend his or her leave to remain in the United Kingdom. Points are awarded for various criteria specific to each tier. In all tiers, points are awarded for a criterion which indicates that an applicant is likely to comply with immigration requirements, when he applies.

In Tiers 1 and 2, points are awarded for criteria such as age, previous salary or prospective salary, and qualifications; a system similar to the current Highly Skilled Migrant Programme (HSMP) which has proven very successful.  
SPONSORSHIP - Applicants applying under Tiers 2-5 are required to have sponsorship from a licensed sponsor (an employer or educational institution). The certificate of sponsorship assures that the migrant is able to perform the particular job or course of study.
Highly skilled Tier 1 migrants do not require a job offer and thus do not require sponsorship.
DEPENDANTS - Family / dependants are allowed to come to the UK with the main applicant. However, they will not be allowed to work if they accompany a student under Tier 4 or a temporary worker under Tier 5 if -- in both cases -- the individual has been given less than 12 months leave to remain in the UK.

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