Highly Skilled Migrant Programme

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HIGHLY SKILLED MIGRANT PROGRAMME

This section explains how you can come to or remain in the UK as a highly skilled worker under Tier 1

(General) of our points-based system.

On this page

What is Tier 1 (General)?

Who can apply as a highly skilled worker?

What to do if you already have an HSMP approval letter

Are you affected by the HSMP Forum Ltd judicial review judgment of 8 April 2008 (extension

of stay)?

Are you affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009 (settlementin the UK)?

What is Tier 1 (General)?

The Tier 1 (General) category allows highly skilled people to come to the UK to look for work or self-

employment opportunities.

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Who can apply as a highly skilled worker?

Unlike sponsored skilled workers (who are covered by Tier 2 of the points-based system), you do not

need a job offer if you are applying as a highly skilled worker. When you apply, you are awarded points

based on your qualifications, your previous earnings, your UK experience, age, your English language

skills and your maintenance (funds).

You can apply under Tier 1 (General) if:

you are already in the UK with permission to stay (known as 'leave to remain') in an

immigration category that allows you to switch into Tier 1 (General);

you are already in the UK under Tier 1 (General) and you want to extend your permission to

stay under this category;

you are already in the UK under the Highly Skilled Migrant Programme (HSMP), you want to

extend your stay and you are eligible to switch into Tier 1 (General); or

you are outside the UK and eligible to apply for permission to enter (known as 'entry

clearance') under Tier 1 (General).
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Go to ourvisa services websiteif you are applying from outside the UK. There you can find out more

about the process in the country you are applying from, and download the application forms.

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What to do if you already have an HSMP approval letter

If you have an HSMP approval letter, you should read the section on transitional arrangements for the

Highly Skilled Migrant Programme.

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Are you affected by the HSMP Forum Ltd judicial review judgment of 8 April 2008

(extension of stay)?

If you have an HSMP approval letter that was issued under the requirements in place before 7

November 2006, and you obtained entry clearance or permission to stay in the UK on the basis of theletter, you may be affected by the HSMP Forum Ltd judicial review judgment of 8 April 2008. You

should read the section on the HSMP Forum judicial review (extension of stay) for more information

before you apply under Tier 1 (General).

You will not be affected by this judgment if you joined the HSMP under the arrangements in place from

5 December 2006.

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Are you affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009

(settlement in the UK)?

If we sent you an HSMP approval letter on the basis of an application made before 7 November 2006,

and you obtained entry clearance or permission to stay in the UK on the basis of that letter, you may

be affected by the HSMP Forum Ltd judicial review judgment of 6 April 2009.

You should read the section on theHSMP Forum Ltd judicial review (settlement in the UK)for more

information. This will tell you whether you are affected by the judgment, and will help you decide what

to do next.

Points Based System Tier 1, General

Migrant (INF 21)
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Guidance - Points Based System Tier 1,

General Migrant (INF 21)

Last updated 09 December 2009

This guidance is for applicants who are resident outside the United Kingdom. It

explains what to do if you are a highly skilled person wishing to seek work or self

employment in the United Kingdom (UK) under Tier 1 (General) Migrant of the Points

Based System. It is only a guide but it aims to answer some common questions. Thereare also notes to help you to complete an application form. More comprehensive

guidance is available on the UK Border Agency website, which is the definitive version,

and in the event of any discrepancy overrules the information provided in this leaflet.You should also consult the UK Border Agency guidance if you are resident in the UK.

Please note the transitional arrangements pertaining to the Highly Skilled MigrantProgramme (HSMP) Forum Judicial Review (JR) Ruling, are no longer applicable andapplicants should now apply for leave to enter under Tier 1.

Important!

To qualify for Tier 1 (General) of the Points Based System you must be able to demonstrate

that you have funds to support yourself and any dependants. For the main applicant this is

2,800 with a further 1,600 needed for each dependant accompanying you or planning to

join you within 12 months of your arrival in the UK. These amounts must be held in your

personal bank account for a minimum period of3 months for which you must show bank

statements/other evidence immediately preceding and dated no more than 1 month prior to

the date you submit your application. The balance should not fall below the required

minimum at any time during the 3 month period.

Guidance

What is the Points Based System? Is Tier 1 (General) Migrant the same as the Highly Skilled Migrant

Programme?

Do I need a sponsor?

How do I apply?

What do I need to make my application?

What are my biometric details?

What are visa application centres (VACs)?
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How are the points calculated?

What supporting documents should I include with my application?

How long will I be able to stay in the UK?

Can I appeal if my application is refused?

What is Administrative Review?

Can my dependants join me in the UK?

What do my dependants need to make an application?

What supporting documents should my dependants include with theirapplication?

What fee will my dependants pay?

Do dependants have a right of appeal? What are public funds?

Check your visa

More advice and information

Further information

Find out >

What is the Points Based System?

The Points Based System (PBS) is a system for managing migration for those wishing to

enter the UK for work or study.

Tier 1 (General) Migrant of the Points Based System was launched for foreign nationals

living in the UK on 29 February 2008 and replaced the Highly Skilled MigrantProgramme (HSMP). On 30 June 2008 three additional sub-tiers were rolled-out and the

programme was extended to include applicants resident overseas. The four sub-tiers are

Tier 1 (General) Migrant, Tier 1 (Investor), Tier 1 (Entrepreneur) and Tier 1 (Post-StudyWork). Tier 2 for Skilled Workers and Tier 5 for Temporary Workers and the Youth

Mobility Scheme were launched worldwide on 27 November 2008. See the companion

leaflets in this series for the other PBS routes. The first stage of Tier 4 (General) Studentand Tier 4 (Child) Student rolled-out on 31 March 2009.

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Is Tier 1 (General) Migrant the same as the Highly Skilled Migrant Programme?

Tier 1 General Migrant replaced HSMP. The major difference between the two is that

you will no longer need to make two applications - one for your approval letter and onefor your visa. The two stages will be combined at the visa section of the British mission

in your country.

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Do I need a sponsor?

You do not need a sponsor for Tier 1 (General) Migrant of PBS.

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How do I apply?

First access the Self-Assessment Points Calculatorto see whether you have enough points

to make a successful application. The tool will enable you to understand how you can

score points and what documentary evidence you require. If you decide to make anapplication, you should complete application form VAF9 with your personal details.

Depending on which country you are making your application from, you may be able to

complete this online. You will also need to complete Appendix 1using the points scoring

information obtained from the Self-Assessment Points Calculator. This is only availableas a PDF document and must be completed manually and sent in with your supporting

documents. Check ourvisa application centres overseas page to see if you need to apply

through a visa application centre (VAC) or the British mission in your country.

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What do I need to make my application?

Your passport or travel document; The application forms VAF9 and Appendix 1 with all mandatory

sections completed;

The fee as published on the visa fees page on this website. This cannotbe refunded and you must pay in local currency;

Your biometric details (see below);
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A recent passport sized photograph (please note that photographsshould measure 45mm x 35mm and be:

o in colour taken against a white background;

o clear and of good quality and not framed or backed;

o printed on normal photographic paper;

o full face and without sunglasses, hat or head covering (unless itis worn for cultural or religious reasons but the face must not becovered)(If the application is successful, the photographs provided will bereproduced on the visa vignette).

All documents as specified in the Tier 1 (General) Guidance as statedin the Immigration Rules. If you do not submit relevant documents,your application is likely to be refused as we will be unable to awardthe relevant points.

Important!

You must be able to demonstrate that you have funds to

support yourself and any dependants. For the main applicant

this is 2,800 with a further 1,600 needed for each

dependant accompanying you or planning to join you within

12 months of your arrival in the UK. These amounts must be

held in your personal bank account for a minimum period of 3

months, for which you must show bank statements/other

evidence immediately preceding and dated no more than 1

month prior to the date you submit your application. Thebalance should not fall below the required minimum at any

time during the 3 month period. See also the Maintenance

part of the question below telling you what documents you

will need to include with your application.

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What are my biometric details?

Biometric details are scans of all 10 fingers and a full-face digital photograph. You willneed to provide your biometric details in person. The whole procedure should take no

more than 5 minutes to complete. Your visa application will not be processed until you
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have met this requirement. More information about biometrics is available on

the Biometric data collection for visa applicants page on this website.

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What are visa application centres (VACs)?

In some countries we are working with commercial companies to run visa application

centres. The VACs are in largely populated areas making it easier and more convenientfor people to apply for a UK visa. Trained staff at each VAC deals with all visa enquiries

and applications. They collect your biometric information along with the relevant fees

and provide information on the application process, including whether or not you haveincluded all the necessary documents. Entry clearance staff at the British mission will

then consider your application and decide whether to issue or refuse your visa. VAC staff

will have no say in this decision.

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How are the points calculated?

Points are awarded for what are called "Attributes", for which you need to score a

minimum of 75 points. These are awarded for:

Age; Qualifications;

Previous earnings and

UK experience.

Separate points are given for English language ability (10 points) and the availability of

funds for maintenance (10 points). In addition to reaching the pass mark for the attributesyou must demonstrate that you have the level of English prescribed in the Immigration

Rules and produce evidence of the required funds. Entry Clearance Officers will only

award points for the sections for where you have indicated that you wish to claim them,

and for which you have supplied the required supporting evidence.

Points scoring

Attributes: Age

Points are awarded according to your age at the time the fee is paid and your biometrics

received in the Visa Section of the British mission. Applicants aged 32 and over do not
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score any points for age, but may still score enough points from qualifications, previous

earnings and UK experience in order to make up the required 75 points.

Under 28 years20

points

28 or 29 years10 point

s

30 or 31 years 5 points

32 years and

over0 points

Attributes: Qualifications (*can include equivalent level professional qualifications)

Points are only awarded if your qualifications are equivalent to British Bachelors,

Masters, PhD, or in some cases an MBA (see below) (as validated by the National

Academic Recognition Information Centre (UK NARIC) database). UK NARIC is aprivate company that specialises in the comparison of qualifications to UK academic

levels and is accessible through the points calculator.

Points can be scored for vocational and professional qualifications if they are at least

equivalent to one of the academic levels shown, but only if they can be verified eitherthrough UK NARIC or by the appropriate UK professional body. If you are unable to

find details of your qualification on UK NARIC you should obtain written confirmation

from the appropriate UK professional body of the qualifications equivalence to UKacademic levels.

MBA

75

points

(only for applicants who enrolled on an eligible MBA course before 30

June 2008 and who graduated within 12 months of submitting their

application. More details are in Annex D of theTier 1 (General)

Guidance)

PHD*50

points

Masters* 35points
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Attributes: Previous earnings (from 12 out of the 15 months preceding the

application)

Points are awarded for your previous earnings from work for a period of up to 12 monthsout of the 15 months preceding your application. This applies to both salaried staff and

self-employed persons. You may claim for a period of less than 12 months, but these

earnings will not be considered on a pro rata basis. Earnings from salaried employmentwill be assessed before deduction of tax. If you are self-employed and the business profits

are retained within your business, your share of the businesss net profits generated over

the earnings period can be considered. If you take a salary from your business you will

need your managing agent or accountant to confirm this in writing, indicating the

precise amounts received.

You may claim points for UK earnings only when you were legally entitled to engage in

the activities which generated these earnings, for the period claimed. Please consult the

Tier 1 (General) Guidance for further for further advice.

You may claim points for a 12 month period other than as described above if you canestablish that during the last 12 months you have had maternity or adoption related leave.

You should provide the dates for which either of these circumstances applies on yourapplication form. Please consult theTier 1 (General) Guidance for further advice.

To reflect differences in income levels across the world, countries are divided into 5

income bands and local incomes adjusted to the levels shown in the salary ranges below.

First convert your salary into sterling, then multiply that figure by the multiplier allocatedfor your country in the bands in the table below. For example, if your money was earned

in India, which is in Band D, you need to multiply your sterling equivalent salary by 5.3.

Then locate the resulting figure in one of the salary ranges and read the points allocated.

If, during the period, you earned a salary in more than one country you will need torepeat the process. The Self-Assessment Points Calculator will automatically make the

calculation for you. You should also consult the Tier 1 (General) Guidance for more

information.

Earnings

40,000+ 45 points
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35,000 - 39,999 40 points

32,000 - 34,999 35 points

29,000 - 31,999 30 points

26,000 - 28,999 25 points

23,000 - 25,999 20 points

20,000 - 22,999 15 points

Country bands

Band A - Country or territory in which money was earned

Andorra; Aruba; Australia; Austria; Belgium; Bermuda; Canada; Cayman

Islands; Channel Islands; Denmark; Finland; France; French Polynesia;

Germany; Gibraltar; Guam; Hong Kong (Special Administrative Region of

China); Iceland; Ireland; Italy; Japan; Kuwait; Liechtenstein; Luxembourg;

Monaco; Netherlands; Norway; Qatar; San Marino; Singapore; Sweden;

Switzerland; United Arab Emirates; United Kingdom; United States of

America; Vatican.

Multiplier = 1

Band B - Country or territory in which money was earned

American Samoa; Antigua and Barbuda; Argentina; The Bahamas; Bahrain;

Barbados; Botswana, Brunei; Chile; Costa Rica; Croatia; Cyprus; Czech

Republic, Estonia; Faroe Islands; Greece; Greenland; Grenada; Hungary;

Israel; Korea (South); Latvia; Lebanon; Libya; Macao (Special Administrative

Region of China); Malaysia, Malta; Mauritius; Mexico, Netherlands Antilles;

New Caledonia; New Zealand; Northern Mariana Islands; Oman; Palau;Panama; Poland; Portugal; Puerto Rico; Saudi Arabia; Seychelles; Slovak

Republic; Slovenia; Spain; St Kitts and Nevis; St Lucia; Taiwan; Trinidad and

Tobago; Uruguay; Venezuela; Virgin Islands.

Multiplier = 2.3


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Band C - Country or territory in which money was earned

Albania; Algeria; Belarus; Belize; Bolivia; Bosnia and Herzegovina; Brazil;

Bulgaria; Cape Verde; China (Peoples Republic of China); Colombia;

Dominica; Dominican Republic; Ecuador; Egypt; El Salvador; Fiji, Gabon;Guatemala; Honduras; Iran; Jamaica; Jordan; Kazakhstan; Lithuania;

Macedonia; Maldives; Marshall Islands; Micronesia; Morocco; Namibia; Nauru;

Paraguay; Peru; Philippines; Romania; Russian Federation; Samoa; South

Africa; St Vincent and the Grenadines, Suriname; Swaziland; Syria; Thailand;

Tonga; Tunisia, Turkey, Turkmenistan; Vanuatu; West Bank and Gaza.

Multiplier = 3.2

Band D - Country or territory in which money was earned

Angola; Armenia, Azerbaijan; Bangladesh, Benin; Bhutan; Burma; Cameroon;

Comoros; Congo (Republic of); Cuba; Djibouti; East Timor; Equatorial Guinea;

Gambia; Georgia, Guinea, Guyana; Haiti; India; Indonesia; Iraq; Ivory Coast;

Kenya; Kiribati; Kosovo; Lesotho; Mauritania; Moldova; Mongolia;

Montenegro; Nicaragua; Pakistan; Papua New Guinea; Senegal; Serbia;

Solomon Islands; Sri Lanka; Sudan; Ukraine; Uzbekistan; Vietnam; Yemen;

Zambia; Zimbabwe.

Multiplier = 5.3

Band E - Country or territory in which money was earned

Afghanistan; Burkina Faso; Burundi; Cambodia; Central African Republic;

Congo (Democratic Republic of); Chad; Eritrea; Ethiopia; Ghana; Guinea-

Bissau; Korea (North); Kyrgyzstan; Laos; Liberia; Madagascar; Malawi; Mali;

Mayotte; Mozambique; Nepal; Niger; Nigeria; Rwanda; Sao Tome and

Principe; Sierra Leone; Somalia; Tajikistan; Tanzania; Togo; Uganda.

Multiplier = 11.4

Attributes: UK experience

5 points can be claimed ifeither:


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the earnings for which you successfully scored points under Previous Earnings were

for UK employment or

you studied at Bachelor degree level or above in full-time higher education in the UK;or at an overseas campus of a UK-based educational institution for at least one full

academic year or three consecutive academic terms during the last five years.

Points will be awarded only if you were legally entitled to work or study in the UK

throughout the period when these earnings or studies took place.

You are advised to confirm the level of your qualification on the UK NARIC database

before claiming points under this attribute. If you are unable to find details of your

qualification, please contact UK NARIC for an assessment of the level of yourqualification. If this is the required level, you should obtain a confirmation certificate

from UK NARIC and submit this with your application. There will be a charge for this

service.

English language [10 points available]

The ability to meet the required English standard is a mandatory requirement. If youcannot meet this level, your application will be refused regardless of any points you may

have scored in the Attributes section. 10 points are awarded in this section if you meet the

required standard and 0 if you do not.

There are three ways in which you can meet this requirement. You can:

be a national of a majority English speaking country on the following list - Antigua and

Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada,

Guyana, Jamaica, New Zealand, St Christopher (Kitts) and Nevis, St Lucia, St Vincentand the Grenadines, Trinidad and Tobago, the United States of America or hold an English language qualification equivalent to the Council of Europe's Common

European Framework for Language Learning level C1 (approximately IELTS level 6.5,

GCSE Grade C) or hold a degree that was taught in English as confirmed by the UK NARIC database as

equivalent to a UK Bachelors degree.

Maintenance (Funds) [10 points available]

Even if you have attained the pass mark of 75 in the Attributes section and have the

required standard of English, your application will be refused if you do not pass theMaintenance (Funds) requirement.

You must be able to support yourself for the entire duration of your stay in the UK

without needing any help from public funds. In order to qualify under Tier 1 (General)Migrant you must be able to demonstrate that you have 2,800 for yourself and (where

applicable) 1,600 for each dependant accompanying you and that you have held these

amounts for a minimum period of 3 months immediately preceding and dated no more


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than 1 month prior to the date you submit your application. The balance should not fall

below the required minimum at any time during the 3 month period.

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What supporting documents should I include with my application?

You should include originals of all documents specified. They must be on the official

letter-headed paper or stationery of the organisation and must have been issued by an

authorised official of that organisation. You should also provide a copy of each

document. Where a document is not in English or Welsh, the original must beaccompanied by a fully certified translation by a professional translator. This translation

must include details of the translators credentials and confirmation that it is an accurate

translation of the original document. It must also be dated and include the originalsignature of the translator. If you do not provide the specified documents, we will not

contact you to ask for them. Therefore, if you fail to send the correct documents we may

refuse the application.

You should provide full contact details for each document supplied. You should also

provide any information/explanation of the documentation submitted, that may assist us

in our consideration.

Attributes: Age

Your passport /travel document will normally be used to establish your age.

Attributes: Qualifications

Documentary evidence for those with an academic or professional/vocational

qualificationOriginal certificate of award showing:

your name;

title of the award; date of award;

name of the awarding institution.

You will also need to verify your qualification on the UK NARIC database, or otherwise

provide written confirmation from UK NARIC of your qualifications equivalence to UK

academic level.

Where the above is not available, you should obtain written confirmation from the

appropriate UK professional body of the qualifications equivalence to UK academic

levels.

Documentary evidence for those who have just graduated (or where the certificate is

not available)
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An original academic reference from the institution awarding the degree on the

institutions official headed paper clearly showing:

your name; title of award;

date of award confirming that it has been/will be awarded; and

date certificate will be issued or confirmation that the institution is unable to re-issue theoriginal certificate or award

and

An academic transcript on the institutions official paper showing: your name;

name of the academic institution;

course title; and

confirmation of award.

You should consult the Tier 1 (General) Guidance for further information. Your

qualifications will be assessed against the data held on the UK NARIC database. You

should therefore check UK NARIC and confirm that you successfully did so. If you areunable to find details of your qualification on UK NARIC you should contact them for an

assessment of the level of your qualification. If this is confirmed to be of the required

level, please request a confirmation certificate and enclose this with your application.

If you cannot find details of your professional/vocational qualification on the pointsbased calculator, you should submit an original letter from the appropriate UK

professional body confirming the equivalence to UK academic levels of your

qualification. This must clearly show:

the name of the qualification, including the country and awarding body; and

confirmation of which UK academic level the qualification is equivalent.

Attributes: Previous earnings

You should provide at least two pieces of evidence covering the full period for which youare claiming. The evidence must be from separate sources and support all of the other

evidence. Your circumstances will determine what you can provide and how you earned

the money. You should also provide any information or explanation of the documentssubmitted that may help us to consider the earnings claimed. You must also provide full

contact details for each source of income given so we can verify all supporting

documents, if necessary.

Documentary evidence for those who have been in salaried employment

You should not send payslips with a letter from your employer, because we consider bothof these documents to be from the same source.

personal bank statements showing salary received theseshould be on official bank stationery and show each of the paymentsyou are claiming. Electronic statements should be accompanied by a
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supporting letter from your bank on company headed paper confirmingthe documents authenticity or each page of the statement should bestamped by the bank;

payslips either formal payslips or on company-headed paper. Ifpayslips are not on headed paper or are received online they should beauthenticated by your employer with signature and stamp. You must

provide payslips for each month claimed;

a letter from your (previous and/or present) employer(s) oncompany-headed paper clearly stating your earningsduring the chosen period of up to 12 months, and the date and amountof each payment. The letter should be dated after the period for whichearnings are being claimed and show your gross and net pay.

official tax documents must cover the entire period for which youare claiming previous earnings. Acceptable documents are thoseproduced by a tax authority showing details of declarable tax income(for example a tax refund letter or tax demand) and/or document

produced by an employer as an official return to a tax authorityshowing details of earnings on which tax has been paid in a tax year;

dividend vouchers if you were paid through a combination of salaryand dividends and the dividend details are not included on the wageslips. These should confirm both the gross and net dividend paid. Youshould provide a separate dividend voucher (or payment advice slip ifshown there) for each dividend payment to cover the whole periodclaimed.

Documentary evidence for self-employed

a letter from your managing agent or accountant (confirmingyou received the exact amount you are claiming or the net profit forwhich you are entitled). This should be on headed paper confirming thegross and net pay for the period claimed. It should give a breakdownof salary, dividends, profits, tax credits and dates of net paymentsearned. It should also explain if your earnings are a share of the netprofits of the company and the proportion of net profits to which youare entitled for the earnings period claimed.

invoice explanations or payment summaries from yourmanaging agent or accountant these should include a breakdownof the gross salary, tax deductions and dividend payments received.

The total gross salary and dividend payments should be the same as

your earnings.

company or business accounts that clearly show the net profitof the company or business the accounts must show both a profitand loss account (or income and expenditure account if theorganisation is not trading for profit) and the balance sheet signed by adirector. Accounts should meet statutory requirements and clearlyshow the net profit over the earnings period to be assessed.


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official tax document produced by the tax authority this is adocument produced by a person, business or company as an officialreturn to a tax authority showing details of earnings on which tax hasbeen paid or will be paid in a tax year. The document must have beenapproved, registered or stamped by the tax authority.

Documentary evidence for contractors

If, as a contractor, you do not operate through your own company or consider yourself tobe an employee, you should provide the following:

an accountants letter confirming a breakdown of your gross andnet earnings for the period claimed and

personal bank statements highlighting all credit payments made toyour account from employment undertaken during the earnings periodclaimed.

Documentary evidence if you were on maternity or adoption leave during the last 15months and wish another period of earnings to be considered

You will need to provide the following:

original birth or adoption certificate for the child for whom the period ofabsence was taken;

and one of the following (or both if the birth certificate or certificate of adoption is notavailable):

original letter from your employer on company letter-headed paperconfirming the start and end dates of the period of maternity/adoptionrelated absence; and/or

original wage slips/other payment or remittance advice covering theentire period for which the maternity or adoption related absence isbeing claimed. These should show the statutory maternity or adoptionpayments made to you.

Other documentation:

If you are unable to supply the combination of documents above (e.g. if you are still on

maternity leave and no birth certificate has been issued), you should explain why and

provide alternative documentation. This must be from an official source and must beindependently verifiable. These might include official adoption papers or any relevant

medical documentation. An extract from a register of birth must be accompanied by anoriginal letter from the issuing authority.

Documents which are not acceptable include personal letters of confirmation, newspaper

announcements and other unofficial documentation.


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It will only be possible to accept alternative documentation as evidence of maternity or

adoption related absence, where the Entry Clearance Officer is satisfied that the required

documentation cannot be provided.

Attributes: UK experience

Documentary evidence for those claiming points for previous earnings in the UK

The same evidence supplied for your Previous Earnings will be used to establish whether

these relate to employment in the UK.

Documentary evidence for those claiming points for previous full time study in the

UK

An original letter from the UK institution/UK based overseas institution at which you

studied. This should be on the official letter-headed paper of the institution, bearing itsofficial stamp. It must have been issued by an authorised official of that institution and

must confirm the following details:

your name; title of the qualification;

confirmation of full time study equivalent to at least one full academicyear or three consecutive academic terms;

date of award of qualification;

start and end dates of the period of study in the UK.

English language

Documentary evidence when applicant is a national of a majority English-speaking

country

If you are a national of one of the countries below, your passport/travel document willnormally be used to establish your nationality:

Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica,

Grenada, Guyana, Jamaica, New Zealand, St Christopher (Kitts) and Nevis, St Lucia, StVincent and the Grenadines, Trinidad and Tobago, the United States of America.

Documentary evidence for English language tests

Only tests that have been assessed as meeting UK Border Agency visas requirements will

be accepted as evidence that you meet the standard required. This is equivalent to theCouncil of Europe's Common European Framework for Language Learning report at

level C1 or above (approximately equivalent to IELTS 6.5, GCSE Grade C). In order to

meet the requirement you will need to produce an original test result certificate showing:

your name; the qualification obtained;

the date of the award.


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You should consult Annex B of the Tier 1 (General) Guidance published on the UK

Border Agency website to see which tests are acceptable.

Those with hearing difficulties or other disabilities are not exempt from the Englishlanguage requirement.

Documentary evidence for a degree taught in EnglishFor this section, the country in which you took your degree determines how you qualify.

If you took your degree in one of the countries listed below, we willassume the degree has been taught in English. Therefore thedocumentary evidence you supplied for your qualification will satisfythe English language requirement.

Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Dominica, Grenada,

Guyana, Ireland, Jamaica, New Zealand, St Christopher (Kitts) and Nevis, St Lucia, St

Vincent and the Grenadines, Trinidad and Tobago, the United States of America. The listexcludes Canada because degrees in that country will not necessarily be taught in

English, but with a Canadian degree you may still qualify (see below).

If you took your degree in another country, we will rely on an academicdatabase known as UK NARIC (the National Academic RecognitionInformation Centre) to advise us on whether the degree was taught tothe standard of English equivalent to level C1 on the Council ofEuropes Common European Framework of Reference for LanguagesLearning Teaching Assessment (CEFR). You must provide evidence thatyou hold a degree which is equivalent to UK Bachelors level or higherand which was taught in English as evidence of your English languageability. You should provide the original certificate showing:

o

your name;

o the title of the award;

o the date of the award;

o the name of the awarding institution.

If you are awaiting graduation but have successfully completed yourdegree, the Entry Clearance Officer can consider an academictranscript. This must be on the institutions official paper and bear theofficial stamp of that organisation and should show the followingdetails:

o your name;

o the name of the awarding institution;

o the course title;

o confirmation of the award.
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You should ensure that the contact details for the awarding body are current

because we may need to verify the qualification.

If your degree does not appear on the UK NARIC database as fulfilling the criteria forEnglish language, you will need to supply a certificate as described in English language

tests above.

Maintenance (Funds)

Documentary evidence for Maintenance (Funds)

Evidence must be in the form of cash funds. Other accounts or financial instruments suchas shares, bonds, pension funds, etc., regardless of notice period are not acceptable. If

you wish to rely on a joint account as evidence of available funds, you must be named on

the account along with one or more other named individual.

You should provide one or more of the following:

personal bank or building society statements covering a period of 3months, dated no more than 1 month prior to the date you submit yourapplication. The balance should not fall below the required minimumat any time during the 3 month period;

building society/savings account pass book/s covering a period of 3months ending with a date no more than 1 month prior to the date yousubmit your application. The balance should not fall below therequired minimum at any time during the 3 month period;

letter from your bank confirming level of funds and that they havebeen held in the bank account for at least 3 months ending with a date

no more than 1 month prior to the date you submit your application.The balance should not fall below the required minimum at any timeduring the 3 month period. This must be an original document, on theofficial letter-headed paper or stationery of the organisation;

letter from a financial institution regulated by the home regulator(official regulatory body for the country in which the institutionoperates and the funds are located) confirming funds.

Personal bank or building society statements

These should clearly show:

your name; your account number;

the date of the statement (dated no more than 1 month prior to thedate you submit your application);

the financial institutions name and logo;

transactions covering the three month period;


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that there are sufficient funds present in the account (the balancemust always be at least 2800). The balance should not fall below therequired minimum at any time during the 3 month period.

Ad hoc bank statements printed on the bank's letterhead are admissible as evidence (this

excludes mini-statements from cash points). If you wish to submit electronic bank

statements from an on-line account these must contain all of the details listed above. Inaddition you will need to provide a supporting letter from your bank, on company-headed

paper, confirming the authenticity of the statements provided. This must be dated no

more than 1 month prior to the date of the application. Alternatively an electronic bankstatement bearing the official stamp of the bank in question will be accepted. The stamp

should appear on every page of the statement. Statements which simply show the

balance in the account on a particular day are not sufficient.

Building society/Savings Account pass booksThese should clearly show:



transactions covering the three month period ending with a date nomore than 1 month prior to the date you submit your application;

that there are sufficient funds present in the account (the balancemust always be at least 2800). The balance should not fall below therequired minimum at any time during the 3 month period.

Letters from a bank or regulated financial institutionThese should clearly show:


the date of the letter;


the amount of funds held in your account;

that the funds have been in bank for at least 3 months, ending with adate no more than 1 month prior to the date you submit yourapplication. The balance should not fall below 2800 at any timeduring the 3 month period.

Letters which state simply the balance in the account on a particular day are notsufficient.


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Additional documentary evidence required for sponsored students

If you had permission to be in the UK in the last 12 months as a student, student nurse,

student re-sitting an examination or postgraduate doctor or dentist, you may have beensponsored by a Government or international scholarship agency. If you are currently

sponsored by one of those or that sponsorship ended within the past 12 months of thisapplication being made, you must provide us with your sponsors unconditional consent

in writing giving you permission to re-enter the UK. Without this we will refuse yourapplication. The evidence must be original, on the official letter-headed paper or

stationery of the organisation and bear its official stamp. It must have been issued by an

authorised official of that organisation. If you have received private sponsorship, forexample from an employer or relative we do not need the sponsors consent.

For more advice on sponsored students, see chapter 3, section 3 of the Immigration

Directorate Instructions on the UK Border Agency website.

We will refuse your application if we find that any documents are false.

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How long will I be able to stay in the UK?

The visa will be issued for a maximum period of two years.

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Can I appeal if my application is refused?

Outside the UK a refusal of entry clearance under PBS does not attract a full right of

appeal. You can appeal only on one or more of the following grounds referred to inSection 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:

that the decision is unlawful by virtue of Section 19B of the RaceRelations Act 1976 (c.74) (discrimination by public authorities), and/or

that the decision is unlawful under Section 6 of the Human Rights Act1998 (c.42) (public authority not to act contrary to Human RightsConvention) as being incompatible with the appellant's Conventionrights.

However, all applicants can apply for an Administrative Review, which is a mechanismfor reviewing refusal decisions.

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What is Administrative Review?
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If we refuse an application for entry clearance under the points-based system and you

think that an error has been made, you can ask us to check our decision. This is known as

an Administrative Review. The review will, for example, look at whether your claimedpoints were correctly assessed.

Please note that a decision to refuse any dependants application for entry clearance asthe spouse / partner / child of a points-based system migrant attracts a limited or full right

of appeal as opposed to an Administrative review. This is because an Administrativereview is used to assess whether points have been correctly awarded and your dependants

are not applying under the points system.

The Administrative Review is free of charge. You must ask for an Administrative Reviewwithin 28 days from the date you receive the refusal notice (GV51). You will receive the

following documents with the Refusal Notice:

Administrative Review Request Notice

PBS Administrative Review Request Notice guidance notes

You must complete this in full and send it directly to the address stated on the Request

Notice.

You must not send any additional documents such as passport/travel document orsupporting documents with the Administrative Review Request Notice. If the refusal is

subsequently overturned, you will be asked to send in your passport/travel document.You may request only one Administrative Review per refusal decision. Any furtherreview requests for the same refusal decision will not be accepted and will be returned to

you.

The Administrative Review will be completed within 28 days and you will be notified of

the result in writing. The result of the Review may be sent from a different Post to wherethe original decision was made, to ensure that the Review is independent.

If you are already in the United Kingdom you cannot apply for an Administrative

Review.

For more information about this you should refer to the Tier 1 (General) Guidance.

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Can my dependants join me in the UK?
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Your husband, wife, civil partner or eligible partner and children under 18 can join you as

your dependants in the UK if:

they have a visa for this purpose and you can support them without any help from public funds. You need

1,600 for each dependant joining you within 12 months of your arrivalin the UK and 533 thereafter.

Your dependants will not be entering under the points-based system. They are entering as

the dependant of a points-based system Migrant.

Partners (married, unmarried, same sex) must intend to live together and the relationship

must be subsisting. They must be maintained and accommodated in accordance with the

section on Maintenance (Funds) above and your partner must not intend to stay beyond

any period of leave granted to you.

If your dependent child is working full-time or earning enough money to support

himself/herself, it is unlikely that he/she will qualify for entry to the UK as a dependant.Dependent children must also be able to demonstrate that they have not formed their own

independent family, are unmarried and not leading an independent life. If a dependent

child has previously been married or formed a civil partnership, or lived in a relationshipthat is similar to marriage or civil partnership, he/she will usually be considered to have

formed an independent family and will not be eligible to enter the UK as the dependant of

his/her parents. Although dependent children may seek employment whilst in the UK

they must remain financially dependent on their parent to qualify as dependants.

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What do my dependants need to make an application?

They will need to satisfy the conditions set out in Paragraph 319A to 319K and AppendixE of the Immigration Rules which can be found on the UK Border Agency website. They

will need to make their application using form VAF10eitheronline or on paper

depending upon the facilities available in the country in which they are applying. Theywill also need the following:

their passport or travel document; a recent passport sized photograph (if the application is successful, the

photographs provided will be reproduced on the visa vignette)please note - photographs should measure 45mm x 35mm and be:

o in colour taken against a white background;

o clear and of good quality and not framed or backed;

o printed on normal photographic paper;
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o full face and without sunglasses, hat or other head covering(unless it is worn for cultural or religious reasons but the facemust not be covered)

the visa fee. This cannot be refunded and they must normally pay it inthe local currency of the country where they are applying;

their biometric details;

supporting documents relevant to their application.

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What supporting documents should my dependants include with their application?

Your dependants should include all the documents necessary to show that they qualify forentry to the UK as your dependant. If they do not, we may refuse their application.

As a guide, your dependants should include:

evidence of their relationship to you; evidence that there is 1600 (or 533 if you have been in the UK for

more than 12 months) for each dependant, in your or their personalbank account for maintenance, and that the money has been there forat least 3 months prior to the date they make their application; and

a copy of the pages from your passport/travel document showing yourpermission to stay, if you are already in the UK.

We will refuse their application/s if we find that any documents are false.

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What fee will my dependants pay?

They will pay the same fee as you. This will be either at the Highly Skilled MigrantProgramme rate or Tier 1 (General) Migrant rate depending on the scheme under which

you entered the United Kingdom.

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Do dependants have a right of appeal?
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Dependants of points-based system Migrants have a limited right of appeal where the

main applicant has had their entry clearance application refused. Where the main migrant

has been successful in their entry clearance application, their dependants will have a fullright of appeal, if their application is refused.

Administrative review is the process used to look at whether claimed points have beencorrectly assessed and therefore only applies to the main migrant. Applications for entry

clearance made by dependants are not assessed on points.

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What are public funds?

Under the Immigration Rules, if you want to travel to the UK, you must be able tosupport yourself and any dependants without claiming certain benefits.

You can find more information about public funds in the Immigration Rules on the UKBorder Agency website.

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Check your visa

Please check your visa when you get it. You should make sure that:

your personal details are correct it correctly states the purpose for which you want to come to the UK,

and

it is valid for the date on which you want to travel. (You can ask for itto be post-dated up to three months if you do not plan to travelimmediately).

If you think there is anything wrong with your visa, contact the visa application centre or

visa sectionimmediately.

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More advice and information

Please read other guidance on this website. The full list is accessible through links on theleft hand side of this page.

Full information about the Points Based System is available on the UK Border Agency

website.
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukba.homeoffice.gov.uk/ukresidency/rightsandresponsibilities/publicfunds/http://www.ukba.homeoffice.gov.uk/ukresidency/rightsandresponsibilities/publicfunds/http://www.ukba.homeoffice.gov.uk/ukresidency/rightsandresponsibilities/publicfunds/http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukba.homeoffice.gov.uk/workingintheuk/http://www.ukba.homeoffice.gov.uk/workingintheuk/http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukba.homeoffice.gov.uk/ukresidency/rightsandresponsibilities/publicfunds/http://www.ukba.homeoffice.gov.uk/ukresidency/rightsandresponsibilities/publicfunds/http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukba.homeoffice.gov.uk/workingintheuk/http://www.ukba.homeoffice.gov.uk/workingintheuk/


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If you are outside the UK please contact your nearest visa application centre (VAC) or

where no VAC is in operation, your nearest British mission where there is a visa section.

Where can I get immigration advice?

If you need help with your application or advice about the UKs Immigration Rules andrequirements, you should seek advice from a qualified immigration adviser. In the UK

these are immigration advisers regulated by the Office of the Immigration Services

Commissioner (OISC www.oisc.gov.uk) or legally qualified professionals regulated bydesignated professional bodies. The Law Societies of England, Wales, Scotland and

Northern Ireland and the Institute of Legal Executives can provide a list of Law Firms

who can advise on immigration matters. Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

For more advice and information about extending your stay once you are in the UK:

The UK Border AgencyCroydon Public Caller Unit

Lunar House

40 Wellesley Road

Croydon CR9 2BYPhone: (+44) (0)870 606 7766 (general enquiries)

Phone: (+44) (0)870 241 0645 (application forms)Email: [email protected]

Website: www.ukba.homeoffice.gov.uk

For advice on bringing personal belongings and goods into the UK contact:

HM Revenue & Customs

Dorset House

Stamford Street

London SE1 9PYPhone: (+44) (0)845 010 9000

Website: www.hmrc.gov.uk

Drugs warningAnyone found smuggling drugs into the UK will face serious penalties. Drug traffickers

may try to bribe travellers. If you are travelling to the UK, avoid any involvement with

drugs.
http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.oisc.gov.uk/http://www.lawsociety.org.uk/choosingandusing/findasolicitor.lawhttp://www.lawscot.org.uk/find/http://www.lawscot.org.uk/find/http://www.lawsoc-ni.org/cgi-bin/findafirmhttp://www.ilex.org.uk/http://www.ilex.org.uk/http://www.ind.homeoffice.gov.uk/contact/contactspage/peos/mailto:[email protected]://ukba.homeoffice.gov.uk/http://www.hmrc.gov.uk/http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.oisc.gov.uk/http://www.lawsociety.org.uk/choosingandusing/findasolicitor.lawhttp://www.lawscot.org.uk/find/http://www.lawsoc-ni.org/cgi-bin/findafirmhttp://www.ilex.org.uk/http://www.ind.homeoffice.gov.uk/contact/contactspage/peos/mailto:[email protected]://ukba.homeoffice.gov.uk/http://www.hmrc.gov.uk/


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False documents

It is better to explain why you do not have a document than to submit a false document

with an application. Applicants will be automatically refused and may be banned fromcoming to the UK for 10 years if they use a false document, lie or withhold relevant

information. They may also be banned if they have breached immigration laws in the

UK.

Travellers to the UK who produce a false travel document or passport to the UK

immigration authorities for themselves and/or their children are committing an offence.People found guilty of this offence face up to two years in prison or a fine (or both).

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See Also

Visa application centres

Biometric visa programme

Health (TB) screening

Visa fees

Application forms

Photograph guidance for applicants

Related links

Points Based System explained

Self assessment points calculator

NARIC UK

The official British Government
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukvisas.gov.uk/en/send_to_friend?id=21399634http://window.print%28%29/http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/biometricvisa/http://www.ukvisas.gov.uk/en/howtoapply/tbscreening/http://www.ukvisas.gov.uk/en/howtoapply/tbscreening/http://www.ukvisas.gov.uk/en/howtoapply/visafees/http://www.ukvisas.gov.uk/en/howtoapply/visafees/http://www.ukvisas.gov.uk/en/howtoapply/vafs/http://www.ukvisas.gov.uk/en/howtoapply/photoguide/http://www.ukvisas.gov.uk/en/howtoapply/photoguide/http://www.ukba.homeoffice.gov.uk/managingborders/managingmigration/apointsbasedsystem/howitworkshttp://www.ukba.homeoffice.gov.uk/managingborders/managingmigration/apointsbasedsystem/howitworkshttp://www.ukba.homeoffice.gov.uk/pointscalculatorhttp://www.ukba.homeoffice.gov.uk/pointscalculatorhttp://www.naric.org.uk/http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant#contenthttp://www.ukvisas.gov.uk/en/send_to_friend?id=21399634http://window.print%28%29/http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/http://www.ukvisas.gov.uk/en/howtoapply/biometricvisa/http://www.ukvisas.gov.uk/en/howtoapply/tbscreening/http://www.ukvisas.gov.uk/en/howtoapply/visafees/http://www.ukvisas.gov.uk/en/howtoapply/vafs/http://www.ukvisas.gov.uk/en/howtoapply/photoguide/http://www.ukba.homeoffice.gov.uk/managingborders/managingmigration/apointsbasedsystem/howitworkshttp://www.ukba.homeoffice.gov.uk/pointscalculatorhttp://www.naric.org.uk/


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Highly Skilled Migrant Programme

Documents

Transcript of Highly Skilled Migrant Programme