Appendix A - Attributes
Attributes for Tier 1 (General) Migrants
1. An applicant applying for entry clearance or leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes.
2. Available points are shown in tables 1 to 4 below. Only one set of points will be awarded per table. For example, points will only be awarded for one qualification.
3. Notes to accompany the tables appear below each of the tables.
Table 1
| Qualification | Points |
|---|---|
| Bachelor's degree | 30 |
| Master's degree | 35 |
| PhD | 50 |
Qualifications: notes
4. Specified documents must be provided as evidence of the qualification, unless the applicant has, or was last granted, leave as a Highly Skilled Migrant or a Tier 1 (General) Migrant and previously scored points for the same qualification in respect of which points are being claimed in this application.
5. Points will only be awarded for an academic qualification if an applicant's qualification is deemed by the National Recognition Information Centre for the United Kingdom (UK NARIC) to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK.
6. Points will also be awarded for vocational and professional qualifications that are deemed by UK NARIC or the appropriate UK professional body to be equivalent to a Bachelor's or Master's degree or a PhD in the UK.
7. If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant's last successful application for leave or for a Highly Skilled Migrant Programme Approval Letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too.
Table 2
| Previous earnings | Points |
|---|---|
| £16,000-£17,999 | 5 |
| £18,000-£19,999 | 10 |
| £20,000-£22,999 | 15 |
| £23,000-£25,999 | 20 |
| £26,000-£28,999 | 25 |
| £29,000-£31,999 | 30 |
| £32,000-£34,999 | 35 |
| £35,000-£39,999 | 40 |
| £40,000 or more | 45 |
Previous earnings: notes
8. Specified documents must be provided as evidence of previous earnings.
Period for assessment
9. Applicants should indicate in the application form for which 12-month period their earnings should be assessed.
10. (a) For all applicants (except those referred to at paragraph 11 below) the period for assessment of earnings must:
(i) consist of no more than 12 months which must run consecutively, and
(ii) fall within the 15 months immediately preceding the application.
(b) If the applicant:
(i) has been on maternity or adoption leave at some point within the 12 months preceding the application, and
(ii) has provided the specified documents, or where due to exceptional circumstances the specified documents are not available, has provided alternative documents which show that the requirement in (i) is met, the applicant may choose for a period of no more than 12 months spent on maternity or adoption leave to be disregarded when calculating both the 12-month and 15-month period.
11. (a) If the applicant is a full-time student or has been a full-time student at some point within the 12 months preceding the application, and the specified documents have been provided, the period for assessment of earnings must:
(i) consist of no more than 12 months which must run consecutively, and
(ii) fall within the 15 months immediately preceding:
(1) the application, or
(2) the start of their full-time studies, whichever the applicant indicates.
(b) If the applicant has taken a series of full-time courses, with a gap between each course of not more than 12 months, and has provided the specified documents, the applicant may choose for the start of the full-time studies to be read as the 15-month period immediately preceding the start of the first course.
(c) If the applicant:
(i) has been on maternity or adoption leave at some point within the 12 months preceding their application or the start of their full-time studies (whichever the applicant indicates), and
(ii) has provided the specified documents, or where due to exceptional circumstances the specified documents are not available, has provided alternative documents which show that the requirement in (i) is met, the applicant may choose for a period of no more than 12 months spent on maternity or adoption leave to be disregarded when calculating both the 12-month and 15-month period.
(d) Paragraphs (a) to (c) do not apply to an applicant who has, or last had, leave as Highly Skilled Migrant Tier 1 (General) Migrant, Writer, Composer or Artist, or Self-employed Lawyer and is applying for leave to remain. For those applicants, the period of earnings will be assessed as indicated in paragraph 10 above.
12. If the applicant has not indicated a period for assessment of earnings, or has indicated a period which does not meet the conditions in paragraphs 10 or 11 above, their earnings will be assessed against the 12-month period immediately preceding their application, assuming the specified documents have been provided. Where the specified documents have not been provided, points will not be awarded for previous earnings.
Earnings
13. Earnings include, but are not limited to:
(a) salaries (includes full-time, part-time and bonuses),
(b) earnings derived through self-employment,
(c) earnings derived through business activities,
(d) statutory and contractual maternity pay, statutory and contractual adoption pay,
(e) allowances (such as accommodation, schooling or car allowances) which form part of an applicant's remuneration package,
(f) dividends from investments, where it is a company in which the applicant is active in the day-to-day management, or where the applicant receives the dividend as part of their remuneration package,
(g) property rental income, where this constitutes part of the applicant's business, and
(h) payments in lieu of notice.
14.Where the earnings take the form of a salary or wages, they will be assessed before tax (i.e. gross salary).
15. Where the earnings are the profits of a business derived through self-employment or other business activities, the earnings that will be assessed are the profits of the business before tax. Where the applicant only has a share of the business, the earnings that will be assessed are the profits of the business before tax to which the applicant is entitled.
16. Earnings do not include unearned sources of income, such as:
(a) allowances (such as accommodation, schooling or car allowances) which are paid as reimbursement for monies the applicant has previously paid,
(b) dividends from investments, unless it is a company in which the applicant is active in the day-to-day management, or unless the applicant receives the dividend as part of their remuneration package,
(c) property rental income, unless this constitutes part of the applicant's business,
(d) interest on savings,
(e) funds received through inheritance,
(f) monies paid to the applicant as a pension,
(g) expenses where the payment constitutes a reimbursement for monies the applicant has previously outlaid,
(h) statutory redundancy payment,
(i) sponsorship for periods of study, or
(j) state benefits.
17. Earnings will not be taken into account if the applicant was in breach of the UK's immigration laws at the time those earnings were made.
Converting foreign currencies
18. Earnings in a foreign currency will be converted to pound sterling (£) using the closing spot exchange rate for the last day of the period for which the applicant has claimed earnings in that currency.
19. If the applicant's earnings fall either side of a period of maternity or adoption leave, earnings in a foreign currency will be converted to pounds sterling (£) using the closing spot exchange rate which exists:
(a) for the earnings earned before maternity or adoption leave, on the last day of the period before maternity leave, and
(b) for the earnings earned after maternity or adoption leave, on the last day of the period after maternity leave.
20. The spot exchange rate which will be used is that which appears on www.oanda.com*
21. Once converted, earnings will be multiplied by the multiplier shown in table 2A below. The relevant country or territory is whichever country or territory the currency was earned in.
22. A multiplier will not be applied to overseas earnings (if any) of an applicant who has, or was last granted, leave as a Highly Skilled Migrant or Tier 1 (General) Migrant, Writer, Composer or Artist, or Self-employed Lawyer and who is applying for leave to remain.
23. Where the previous earnings claimed are in different currencies, any foreign currencies will be converted and multiplied before being added together, and then added to any UK earnings, to give a total amount.
Table 2A - Multipliers for conversion of foreign currencies
| Country or territory in which money was earned | Multiplier |
|---|---|
| Andorra; Aruba; Australia; Austria; Belgium; Bermuda; Canada; Cayman Islands; Channel Islands; Denmark; Finland; France; French Polynesia; Germany; Gibraltar; Guam; Hong Kong (Province 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. | 1 |
| American Samoa; Antigua and Barbuda; Argentina; Bahamas; Bahrain; Barbados; Botswana; Brunei Darussalam; Chile; Costa Rica; Croatia; Cyprus; Czech Republic; Estonia; Faroe Islands; Greece; Greenland; Grenada; Hungary; Israel; Korea (South); Latvia; Lebanon; Libya; Macao (Province 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 (Republic of China); Trinidad and Tobago; Turks and Caicos Islands; Uruguay; Venezuela; Virgin Islands (British and US). | 2.3 |
| Albania; Algeria; Belarus; Belize; Bolivia; Bosnia & Herzegovina; Brazil; Bulgaria; Cape Verde; China (People's Republic of); 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 & The Grenadines; Suriname; Swaziland; Syrian Arab Republic; Thailand; Tonga; Tunisia; Turkey; Turkmenistan; Vanuatu; West Bank and Gaza. | 3.2 |
| Angola; Armenia; Azerbaijan; Bangladesh; Benin; Bhutan; Burma; Cameroon; Comoros; Congo (Republic of); Cuba; Djibouti; Equatorial Guinea; Gambia; Georgia; Guinea; Guyana; Haiti; India; Indonesia; Iraq; Ivory Coast (Cote d'Ivoire); Kenya; Kiribati; Lesotho; Mauritania; Moldova; Mongolia; Montenegro; Nicaragua; Pakistan; Papua New Guinea; Senegal; Serbia; Solomon Islands; Sri Lanka; Sudan; aTimor L'Este (East Timor); Ukraine; Uzbekistan; Vietnam; Yemen; Zambia; Zimbabwe. | 5.3 |
| Afghanistan; Burkina Faso; Burundi; Cambodia; Central African Republic; Congo, (Democratic Republic of); Chad; Eritrea; Ethiopia; Ghana; Guinea-Bissau; Korea (North); Kygyz Republic; Laos; Liberia; Madagascar; Malawi; Mali; Mayotte; Mozambique; Nepal; Niger; Nigeria; Rwanda; Sao Tome and Principe; Sierra Leone; Somalia; Tajikistan; Tanzania; Togo; Uganda. | 11.4 |
Table 3 - UK Experience: notes
| Applications for leave to remain where the applicant has, or was last granted, leave as a Highly Skilled Migrant Tier 1 (General) Migrant, as a Writer, Composer or Artist, or Self-employed Lawyer | Points |
|---|---|
| If £16,000 or more of the previous earnings for which points are claimed were earned in the UK | 5 |
| Applications for entry clearance and all other applications for leave to remain | Points |
|---|---|
| If the qualification was obtained in the UK | 5 |
| If £16,000 or more of the previous earnings for which points are claimed were earned in the UK | 5 |
UK Experience: notes
24. If an applicant has, or last had, leave as a Highly Skilled Migrant, Tier 1 (General) Migrant, as a Writer, Composer or Artist, or Self-employed Lawyer, and is applying for leave to remain, points for UK experience will only be awarded for previous earnings earned in the UK (and not qualifications obtained in the UK).
25. If the applicant is applying for entry clearance or leave to remain (except where the applicant has, or was last granted, leave as a Highly Skilled Migrant Tier 1 (General) Migrant, as a Writer, Composer or Artist, or Self-employed Lawyer, points for UK experience will only be awarded for qualifications obtained in the UK or previous earnings earned in the UK (but not both).
26. Specified documents must be provided as evidence of qualifications obtained in the UK.
27. Points will only be awarded for UK experience in respect of qualifications obtained in the UK if:
(a) (i) the qualification is a Bachelor's or Master's degree or a PhD, and is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK, or
(ii) the qualification is a vocational or professional qualification and is deemed by the appropriate UK professional body to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK,
(b) the qualification was awarded no more than 5 years before the application was made, and
(c) at least 1 academic year, or 3 consecutive terms, of the course that led to the qualification involved full-time study in the UK.
28. For paragraph 27(b) above, the date the qualification is awarded is the date on which the applicant was first notified in writing, by the awarding institution, that the qualification had been awarded.
29. The qualification for which UK experience points are claimed can be, but does not have to be, the same as the qualification for which points are claimed under table 1.
30. Previous earnings will not be taken into account for the purpose of awarding points for UK experience if the applicant was in breach of the UK's immigration laws at the time those earnings were made.
Table 4 - Age (at date of application)
| Applications for entry clearance and leave to remain (unless the applicant falls into the boxes below) | Points |
|---|---|
| Under 28 years of age | 20 |
| 28 or 29 years of age | 10 |
| 30 or 31 years of age | 5 |
| Applications for leave to remain where an applicant has, or last had, leave as a Tier 1 (General) Migrant, Writer, Composer or Artist, or Self-employed Lawyer | Points |
|---|---|
| Under 31 years of age | 20 |
| 31 or 32 years of age | 10 |
| 33 or 34 years of age | 5 |
| Applications for leave to remain where an applicant has, or last had, leave as a Highly Skilled Migrant | Points |
|---|---|
| Under 30 years of age | 20 |
| 30 or 31 years of age | 10 |
| 32 or 33 years of age | 5 |
Age: notes
31. Specified documents must be provided as evidence of age.
Attributes for Tier 1 (Entrepreneur) Migrants
32. An applicant applying for entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant must score 75 points for attributes.
33. Subject to paragraph 34, available points for applications for entry clearance or leave to remain are shown in Table 5.
34. Available points for an applicant applying for leave to remain who has, or has last been granted entry clearance, leave to enter or remain as:
(i) a Tier 1 (Entrepreneur),
(ii) a Businessperson,
(iii) an Innovator
are shown in Table 6.
35. Notes to accompany the tables appear below the respective tables.
Table 5
| Investment | Points |
|---|---|
| The applicant has access to not less than £200,00 | 25 |
| The moneyis held in one or more regulated financial institutions | 25 |
| The money is disposable in the UK | 25 |
Investment: notes
36. Specified documents must be provided as evidence of any investment.
37. A regulated financial institution is one which is regulated by the appropriate regulatory
body for the country in which the financial institution operates. For example, where a financial institution does business in the UK, the appropriate regulator is the Financial Services Authority.
38. Money is disposable in the UK if all of the money is held in a UK based financial
institution or if the money is freely transferable to the UK and convertible to sterling. Funds in a foreign currency will be converted to pounds sterling (£) using the spot exchange rate which appeared on
www.oanda.com
* on the date on which the application was made.
Table 6
| Investment and business activity | Points |
|---|---|
| The applicant has invested, or had invested on his behalf, not less than £200,000 in cash directly into one or more businesses in the UK. | 20 |
|
The applicant has: (a) registered with HM Revenue and Customs as self-employed, or (b) registered a new business in which he is a director, or (c) registered as a director of an existing business. Where the applicant's last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) Migrant, the above condition must have been met within 3 months of the grant. |
20 |
| The applicant is engaged in business activity at the time of his application for leave to remain. | 15 |
|
The applicant has: (a) established a new business or businesses that has or have created the equivalent of at least two new full time jobs for persons settled in the UK, or
(b) taken over or joined an existing business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least two new Where the applicant's last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months of the period for which the previous leave was granted. |
20 |
Investment and business activity: notes
39. Documentary evidence must be provided in all cases. Specified documents must be provided as evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant.
40. The investment must not include the value of any residential accommodation, property
development or property management. The investment must not be in the form of a director's loan, unless it is unsecured and in favour of the business.
41. A full time job is one involving at least 30 hours' work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job. Where the applicant's last grant of entry clearance or leave was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period during which the migrant had leave in that category. This need not consist of 12 consecutive months and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period of leave that the migrant is seeking to extend.
Attributes for Tier 1 (Investor) Migrants
42. An applicant applying for entry clearance or leave to remain as a Tier 1 (Investor) Migrant must score 75 points for attributes.
43. Subject to paragraph 44, available points for applications for entry clearance or leave to remain are shown in Table 7.
44. Available points for an applicant applying for leave to remain who has, or has last been granted, entry clearance, leave to enter or remain as:
(i) a Tier 1 (Investor) Migrant, or
(ii) an Investor are shown in Table 8.
45. Notes to accompany both Table 7 and Table 8 appear below Table 8.
Table 7
| Assets | Points |
|---|---|
|
The applicant:
(a) has money of his own held in a regulated financial institution and disposable in the UK amounting to not less than £1 million; or (b) (i) owns personal assets which, taking into account any liabilities to which they are subject, have a value exceeding £2 million, and (ii) has money under his control held in a regulated financial institution and disposable in the UK amounting to not less than £1 million which has been loaned to him by a financial institution regulated by the Financial Services Authority. |
75 |
Table 8
| Assets and investment | Points |
|---|---|
|
The applicant: (a) has money of his own under his control in the UK amounting to not less than £1 million, or (b) (i) owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £2 million, and (ii) has money under his control held in a regulated financial institution and disposable in the UK amounting to not less than £1 million which has been loaned to him by a financial institution regulated by the Financial Services Authority. |
30 |
| The applicant has invested not less than £750,000 of his capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment. |
30 |
| The investment referred to above was made within 3 months of obtaining entry clearance, leave to enter or leave to remain as a Tier 1 (Investor) Migrant and the investment has been maintained for the whole of the remaining period of that leave; or The migrant has, or was last granted, entry clearance, leave to enter or leave to remain as an Investor. |
15 |
Assets and investment: notes
46. Specified documents must be provided as evidence of investment.
47. A regulated financial institution is one which is regulated by the appropriate regulatory
body for the country in which the financial institution operates. For example, where a financial institution does business in the UK, the appropriate regulator is the Financial Services Authority.
48. Money is disposable in the UK if all of the money is held in a UK based financial
institution or if the money is freely transferable to the UK and convertible to sterling. Funds in a foreign currency will be converted to pounds sterling (£) using the spot exchange rate which appeared on www.oanda.com* on the date on which the application was made.
49. "Money of his own", "personal assets" and "his capital" include money or assets
belonging to the applicant's spouse, civil partner or unmarried or same-sex partner, provided that specified documents are provided to show that the money or assets are under the applicant's control and that he is free to invest them.
50. Investment excludes investment by the applicant by way of deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits.
Attributes for Tier 1 (Post-Study Work) Migrants
51. An applicant applying for entry clearance or leave to remain as a Tier 1 (Post-Study
Work) Migrant must score 75 points for attributes.
52. Available points are shown in Table 9.
53. Notes to accompany the table appear below the table.
Table 9
| Qualifications | Points |
|---|---|
|
The applicant has been awarded: (a) a UK recognised bachelor or postgraduate degree, or (b) a UK postgraduate certificate or diploma, or (c) a Higher National Diploma ("HND") from a Scottish institution. |
20 |
|
(a) The applicant studied for his award at a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System,
or
(b) If the applicant is claiming points for having been awarded a Higher National Diploma from a Scottish Institution, he studied for that diploma at a Scottish publicly funded institution of further or higher education, or a Scottish bona fide private education |
20 |
|
The applicant's periods of UK study and/or research towards his eligible award were undertaken whilst he had entry clearance, leave to enter or leave to remain in the UK:
(a) as a Student, or (b) as a dependant of someone with leave in any category permitting the admittance of dependants. |
20 |
| The applicant made the application for entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant within 12 months of obtaining the relevant qualification. | 15 |
|
The applicant is applying for leave to remain and has, or was last granted, leave as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme) or as a Participant in the Fresh Talent: Working in Scotland Scheme. |
75 |
Qualification: notes
54. Specified documents must be provided as evidence of the qualification.
55. A qualification will have been deemed to have been "obtained" on the date on which the applicant was first notified in writing, by the awarding institution, that the qualification had been awarded.
56. A "UK recognised body" is an institution that has been granted degree awarding powers by either a Royal Charter, an Act of Parliament or the Privy Council.
57. "UK listed body" is an institution that is not a UK recognised body but which provides full courses that lead to the award of a degree by a UK recognised body.
58. To qualify as an HND from a Scottish institution, a qualification must be at level 8 on the Scottish Credit and Qualifications Framework.
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