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.
1A. Subject to paragraph 1B, an applicant who has a Master of Business Administration Degree from an institution listed in paragraph 58A of this Appendix, and who provides the specified documents, will be awarded 75 points, provided he:
(a) commenced the course of study that led to that degree on or before 29 June 2008.
(b) applied for entry clearance or leave to remain within 12 Months of the date on which he was first notified in writing, by the awarding institution, that the qualification had been awarded, and
(c) provides the specified documents as evidence of the facts in (a) and (b).
1B. Paragraph 1A does not apply to an applicant who is applying for leave to remain and who has, or last had, leave as Highly Skilled Migrant Tier 1 (General) Migrant, a Writer, Composer or Artist or a Self-Employed lawyer.
2. With respect of any applicant to whom paragraph 1A does not apply, 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.
7A. An applicant making their first application under paragraph 245C will be awarded no points for a Bachelor's degree.
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.
8A. An applicant making their first application under paragraph 245C will be awarded no points for previous earnings of less than £20,000.
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) redundancy payment,
(i) sponsorship for periods of study,
(j) state benefits, or
(k) prize money or competition winnings, other then where they are directly related to the applicant's main profession or occupation.
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; 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 (Union of Myanmar); Cameroon; Comoros; Congo (Republic of); Cuba; Djibouti; Equatorial Guinea; Gambia; Georgia; Guinea; Guyana; Haiti; India; Indonesia; Iraq; Ivory Coast (Cote d'Ivoire); Kenya; Kiribati; Kosovo; 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; The Lao People's Democratic Republic; 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 £200,000 | 25 |
| The money is 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 his entry to the UK (if he was granted entry clearance as a Tier 1 (Entrepreneur) Migrant and there is evidence to establish his date of arrival to the UK), or, in any other case, the date of the grant of leave to remain. |
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 under his control 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 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 his entry to the UK (if he was granted entry clearance as a as a Tier 1 (Investor) Migrant and there is evidence to establish his date of arrival to the UK), or the date of the grant of entry clearance as a Tier 1 (Investor) Migrant and there is no evidence to establish his date of arrival to the UK), or, in any other case, the date of the grant of leave to remain 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. DELETED.
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 in education, 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 as a Tier 4 migrant, or (b) under part 8 of these rules. |
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.
List of institutions to which paragraph 1A of this Appendix applies
58A.
UK
- Ashridge
- Bradford School of Management/Nimbas
- City University: Cass
- Cranfield School of Management
- London Business School
- Manchester Business School
- University of Cambridge: Judge
- University of Oxford: Said
- University of Strathclyde
- Warwick Business School
USA
- Babson College: Olin
- Boston University School of Management
- Carnegie Mellon University
- Colombia Business School
- Cornell University: Johnson
- Dartmouth College: Tuck
- Duke University: Fuqua
- Emory University: Goizueta
- Georgetown University: McDonough
- Harvard Business School
- MIT: Sloan
- New York University: Stern
- North Western: Kellogg
- Rice University: Jones
- Stanford University
- UC Berkeley: Haas
- UCLA: Anderson
- University of Chicago
- University of Maryland: Smith
- University of North Carolina: Keenan-Flagler
- University of Pennsylvania: Wharton
- University of Rochester: Simon
- University of Southern California: Marshall
- University of Virginia: Darden
- Vanderbilt University: Owen
- Yale's School of Management
Australia
- Australian Graduate School of Management
- Melbourne Business School
Canada
- University of Toronto: Rothman
- University of Western Ontario: Ivey
Ireland
- University College Dublin
Germany
- Bradford School of Management/Nimbas
China
- Ceibs
Italy
- SDA Bocconi
Switzerland
- IMD
France
- Insead
Singapore
- Insead
Spain
- University of Michigan
- Lese Business School
- Instituto de Empresa
Netherlands
- Bradford School of Management/Nimbas
- Rotterdam School of Management
- Universiteit Nyenrode
Attributes for Tier 2 (General) Migrants and Tier 2 (Intra-Company Transfer) Migrants
59. An applicant applying for entry or leave to remain as a Tier 2 (General) Migrant or as a Tier 2 (Intra-Company Transfer) Migrant must score 50 points for attributes.
60. Subject to paragraph 61, available points for entry clearance or leave to remain are shown in Table 10.
61. Available points for leave to remain are shown in Table 11 for an applicant.
(a) who has, or was last granted, entry clearance or leave to remain as a Tier 2 (General Migrant or a Tier 2 (Intra-Company Transfer) Migrant, Provided that:
(i) the sponsor is the same person who sponsored him when he was last granted leave, and:
(ii) the job that the applicant is being sponsored to do is the same as the one he was sponsored to do when he was granted leave,
(b) who has, or was last granted, entry clearance, leave to enter or leave to remain as a Qualifying Work Permit Holder, provided that:
(i) the Sponsor is the same person who was issued with a work permit in the in respect of the application when he was last granted leave, and
(ii) the job that the applicant is being sponsored to do is the same as the one in respect of which the work permit was issued when he was last granted leave,
(c) who has, or was last granted, entry clearance, leave to enter or remain as a Member of the Operational Ground Staff of an Overseas-owned Airline, a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, or a Jewish Agency Employee, provided that:
(i) the Sponsor is the same person for whom the applicant was working, or intending to work, when he was last granted leave, and
(ii) the job that the applicant is being sponsored tot do is the same as the one that he was doing, or intending to do, when he was last granted leave, or
(d) who is a Senior Care Worker or an Established Entertainer.
62. Notes to accompany Table 10 and Table 11 appear below the respective tables.
Table 10
|
Sponsorship |
Points |
Points |
Points |
Prospective Earnings |
Points |
|
Shortage occupation |
50 |
None or below an appropriate sub-degree level qualification |
0 |
Under £17000 |
0 |
|
Job offer passes Resident Labour Market Test |
30 |
Appropriate sub-degree level qualification |
5 |
£17000-19999.99 |
5 |
|
Intra-company Transfer |
30 |
Bachelors or Masters |
10 |
£20000-21999.99 |
10 |
|
Post Study Work( see note 73) |
30 |
PhD |
15 |
£22000-23999.99 |
15 |
|
£24000+ |
20 |
Notes
Sponsorship
63. In order to obtain points under any category in the 'Sponsorship' column, the applicant will need to provide a valid Certificate of Sponsorship reference number for sponsorship in the sub-category of Tier 2 under which he is applying.
64. A migrant cannot score points for sponsorship from Tables 10 or 11 if the job that the Certificate of Sponsorship Checking Service entry records that he is being sponsored to do is as a Sports person or a Minister of Religion.
65. Points can only be scored for one criterion in the sponsorship column. For example, if a company brings in an intra company transferee after applying the resident labour market text to the post, the migrant will receive 30 points, not 60.
66. A Certificate of Sponsorship reference number will only be considered to be valid if the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the migrant and confirms that the Sponsor is sponsoring him in the Tier 2 category indicated by the migrant in his application for entry clearance or leave to remain (that is, as a Tier 2 (General) Migrant or a Tier 2 (Intra-company Transfer) Migrant).
67. A Certificate of Sponsorship reference number will only be considered to be valid if:
(a) the Sponsor assigned that reference number to the
migrant no more than 3 months before the application
for entry clearance or leave to remain is made,
(b) the application for entry clearance or leave to remain is
made no more than 3 months before the start of the
employment as stated on the Certificate of Sponsorship,
and
(c) that reference number must not have been cancelled by
the Sponsor or by the United Kingdom Border Agency since
it was assigned.
68. The migrant must not previously have been granted entry clearance, leave to enter or leave to remain relying on the same Certificate of Sponsorship reference number.
69. No points will be awarded for sponsorship unless:
(a) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the United Kingdom Border Agency's list of skilled occupations, and:
(b) the salary (which for these purposes includes such allowances as are specified as acceptable for this purpose in guidance issued by the United Kingdom Border Agency) that the Certificate of Sponsorship Checking Service entry records that the migrant will be paid is at or above the appropriate rate for the job as stated in guidance published by the United Kingdom Border agency.
70. In order for the applicant to be awarded points for a job offer in a shortage occupation, the job must, at the time of Certificate of Sponsorship was issued, have appeared on the list of shortage occupations published by the United Kingdom Border Agency, and contracted working hours must be for at least 30 hours a week. Furthermore, if the United Kingdom Border Agency guidance indicates that the job appears on the 'Scotland only' shortage occupation list, the job offer must be for employment in Scotland.
71. In order for the applicant to be awarded points for a job offer that passes the resident labour market test, the Certificate of Sponsorship Checking Service entry must indicate that the Sponsor has met the requirements of that test, as defined in guidance published by the United Kingdom Border Agency, in respect of the job.
72. In order for the applicant to be awarded points for being an intra-company transfer, the Certificate of Sponsorship Checking Service entry must confirm that the applicant will be coming to the UK to work for the Sponsor as a Tier 2 (Intra0company Transfer) Migrant. The applicant must also have been working for the Sponsor for a continuous period of at least 6 months
immediately prior to the date of the application and must provide the specified documents to prove this. During that period the applicant must have been working for the Sponsor:
(a) outside the UK,
(b) in the UK, provided he had leave to work for the Sponsor
as a Tier 2 (Intra-Company Transfer) Migrant and/or as a
Qualifying Work Permit Holder (provided that the work permit
was granted because the applicant was the subject of an
intra-company transfer), or
(c) any combination of (a) and (b) above.
73. In order for the applicant to be award points under post-study work, the applicant must meet the following requirements:
(a) he must be applying for leave to remain.
(b) he must have, or have last been granted, entry clearance or leave to remain as a Tier 1 (Post Study Work) Migrant, or 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.
(c) he must have been working for the Sponsor for a continuous period of at least 6 months immediately prior to the date of his application for leave to remain, and must provide the specified documents to prove this, and
(d) the job he is being sponsored to do must be the same as the one he is doing at the time of his application.
Qualifications
74. Specified documents must be provided as evidence of the qualification.
75. An 'appropriate sub-degree level qualification' means:
(a) 1 or more passes at GCSE A level, or
(b) a qualification obtained in the UK that is deemed by the appropriate qualifications framework in the part of the UK in which it was obtained (as set out in United Kingdom Border Agency guidance) to be equivalent to, or higher than, (a) but below degree level.
76. Points will only be awarded for a qualification if:
(a) an applicant's qualification is deemed by UK NARIC, or the United Kingdom Border Agency (in published guidance), to meet or exceed the recognised standard of a Bachelor's or Master's degree, or a PhD, in the UK, or
(b) the qualification is below the recognised of a Bachelor's or Master's degree, or a PhD, in the UK, but the applicant submits the specified evidence to prove that it is an appropriate sub-degree level qualification (see paragraph 75)
77. Points will be awarded for a vocational or professional qualification if:
(a) the qualification is deemed UK NARIC or the appropriate professional body, or
(b) the qualification is below the recognised standard of or Master's degree, or a PhD, in the UK, but the applicant submits the specified evidence to prove it is an appropriate sub-degree level qualification (see paragraph 75)
78. Points can only be scored for one qualification. For example, if an applicant has both a Bachelors and a PhD, that will score 15 points and not 25.
Prospective Earnings
79. The points awarded for prospective earnings will be based on the applicant's gross annual salary( including such allowances as are specified as acceptable for this purpose in guidance issued by the United Kingdom Border Agency) to be paid by the Sponsor, as recorded in the Certificate of Sponsorship Checking Service entry to which the applicant's Certificate of Sponsorship reference number relates.
80. Where the applicant is paid hourly, points will only be awarded for earnings up to a maximum of 48 hours a week, even if the applicant works for longer than this. For example, an applicant who works 60 hours a week for £8 per hour will be awarded points for prospective earnings of £19968 (8x48x52), which equates to 5 points, and not £25960 (8x60x52) which would equate 20 points.
Table 11 Qualifications
|
Sponsorship |
Points |
Qualifications |
Points |
Prospective Earnings |
Points |
|
Transitional arrangements apply (see below) |
50 |
None, or below an appropriate sub degree level qualification |
0 |
Below £17000 |
0 |
|
Job is a shortage occupation, or applicant was awarded points when last granted leave because the job was in a shortage occupation |
50 |
An appropriate sub degree level qualification |
5 |
£17000-19999.99 |
5 |
|
Bachelors or Masters |
10 |
£20000-21999.99 |
10 |
||
|
Other cases is which applicant has a Certificate of Sponsorship |
30 |
PhD |
15 |
£22000 -23999.99 |
15 |
|
£24000+ |
20 |
Notes
Sponsorship
81. Paragraphs 63 to 68 and 70 apply
82. No points will be awarded for sponsorship unless:
(a)
(i) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the United Kingdom Border Agency's list of Skilled occupations.
(ii) the applicant is a Senior Care Worker or an Established Entertainer, and
(b) (unless the applicant is an Established Entertainer) the salary that the Certificate of Sponsorship Checking Service entry records that the migrant will be paid is at or above the appropriate rate for the job as stated in the list of skilled occupations referred to in (a) ((i)
83. In order to score points in the transitional arrangements category, the applicant must meet the following requirements:
(a) the applicant must have, or have been granted, entry clearance, leave to enter or leave to remain as:
(i) a Qualifying Work Permit Holder,
(ii) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
(iii) a Member of the Operational Ground Staff of an Overseas-owned Airline
(iv) a Jewish Agency Employee, or
(v) a Tier 2 (general) Migrant or a Tier 2 (Intra-Company Transfer) Migrant, but only if. when he received his last grant of leave, he was awarded points under these provisions (i.e. the transitional arrangements),
(b) unless the applicant is a senior Care Worker or an Established Entertainer, the Sponsor must be the same person for whom the applicant was working or intending to work when last granted leave. In the context on an applicant whose last grant of leave was as a Qualifying Work Permit Holder, this means that the work permit must have been issued to the same employer as the applicant is applying to work for now,
(c) unless the applicant is a Senior Care Worker or Established Entertainer, the job that the Certificate of Sponsorship Checking Service entry records the applicant as having been engaged to do must be there same job: an
(i) in respect of which the previous work permit was issued, in the case of an applicant whose last grant of leave was as a Qualifying Permit Holder.
(ii) that the applicant was doing, or intended to do, when he received his last grant of leave, in the case of an applicant whose last grant of leave was a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, a Member of the Operational Ground Staff of an Overseas owned Airline, or a Jewish Agency Employee, or
(iii) in respect of which the Certificate of Sponsorship that led to the previous grant was issued, in the case of an applicant whose last grant of leave was as a Tier 2 (General) Migrant or a Tier 2 (Intra Company Transfer) Migrant, and
(d) the applicant's last grant of entry clearance or leave to enter in any of the categories listed in paragraph
(a)(i) to (v) above must have been less than 5 years prior to the date that their last grant of entry clearance,
leave to enter or leave to remain expires.
Qualifications and Prospective Earnings
84. paragraphs 73 to 80 apply.
Attributes for Tier 2 (Ministers of Religion) Migrants
85. An applicant applying for entry clearance or leave to remain as a Tier 2(Ministers of Religion) Migrant must score 50 points for attributes.
86. Available points are shown in Table 12 below.
87. Notes to accompany Table 12 appear below that table.
Table 12
| Criterion | Points |
|---|---|
| Certificate of Sponsorship | 50 |
Notes
88. In order to obtain points for sponsorship. the applicant will need to provide a valid Certificate of Sponsorship reference number in this category.
89. A Certificate of Sponsorship reference number will only be considered to be valid for the purposes of this sub-category if the number supplied links to the Certificate of Sponsorship Checking Service entry that records the applicant as the Migrant and confirms that the Sponsor is sponsoring him as a Tier 2( Minister of Religion) Migrant.
90. The sponsor must have assigned the Certificate of Sponsorship reference number to the migrant no more than 3 months before the application is made and the reference number must not have been cancelled by the Sponsor or by the United Kingdom Border Agency since then.
91. The migrant must not previously have been granted entry clearance, leave to enter or leave to remain relying on the same Certificate of Sponsorship reference number.
92. in addition, the Certificate of Sponsorship Checking Service entry must confirm that:
(a) the resident labour market test, as defined in guidance published by the United Kingdom Border Agency, in respect of the job, has been complied with, unless the applicant has, or was last granted, entry clearance, leave to enter or leave to remain as a Tier 2 ( Minister of Religion) Migrant or Minister of Religion and the Sponsor is the same person as he was working for, or intending to work for, when last granted leave,
(b) the migrant:
(i) is qualified to do the job in respect of which he is seeking leave as a Tier 2 (Minister of Religion) Migrant,
(ii) intends to base himself in the UK, and,
(iii) will complay with the conditions of his leave, if his application is successful, and
(c) the Sponsor will maintain or accommodate the migrant.
Attributes for Tier 2 (Sportsperson) Migrants
93. An applicant applying for entry clearance or leave to remain as a Tier 2 (Sportsperson) Migrant must score 50 points for attributes.
94. Available points are shown in Table 13 below
95. Notes to accompany Table 13 appear below that table.
| Criterion | Points |
|---|---|
| Certificate of Sponsorship | 50 |
Notes
96. In order to obtain points for sponsorship, the applicant will need to provide a valid Certificate of Sponsorship reference number for sponsorship in this subcategory.
97. A Certificate of Sponsorship reference number will only be valid for the purposes of this subcategory if the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the migrant and confirms that the Sponsor is sponsoring him as a Tier 2(Sportsperson) Migrant.
98. The Sponsor must have assigned the Certificate of Sponsorship reference number to the migrant no more than 3 months before the application is made and the reference number must not have been cancelled by the Sponsor or by the United Kingdom Border Agency since then.
99. The migrant must not previously have been granted entry clearance. leave to enter or leave to remain relying on the same Certificate of Sponsorship reference number.
100. in addition the Certificate of Sponsorship Checking Service entry must confirm that the migrant:
(a) is qualified to do the job in question
(b) has been endorsed by the Governing Body for his Sport (that is, the organisation which is specified in the United Kingdom Border Agency published guidance as being the Governing Body for the sport in question),
(c) intends to base himself in the UK, and
(d) will comply with the conditions of his leave, if his application is successful.
Attributes for Tier 5 (Youth Mobility Scheme) Temporary Migrants
101. An applicant applying for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant must score 40 points for attributes
102. Available points are shown in Table 14 below.
103. Notes to accompany Table 14 below.
Table 14
| Criterion | Points |
|---|---|
|
Citizen of a country in Appendix G or Is a British Overseas Citizen, British Territories Overseas Citizen or British National (Overseas.) |
30 |
| Will be 18 or over when his entry clearance becomes valid for use and was under the age of 31 on the date his application was made. | 10 |
Notes
104. Specified documents must be provided as evidence of all of the above.
Attributes for Tier 5 (Temporary Worker) Migrants
105. An applicant applying for entry clearance or leave enter or remain as a Tier 5 (Temporary Worker) Migrant must score 30 points for attributes.
106. Available points are shown in Table 15 below.
107. Notes to accompany Table 15 appear below in that table.
| Criterion | Points awarded |
|---|---|
| Holds a Tier 5 (Temporary Worker) Certificate of Sponsorship | 30 |
Notes
108. In order to meet the 'holds a Certificate of Sponsorship' requirement, the applicant will provide a valid Certificate of Sponsorship reference number for sponsorship in this category.
109. A Certificate of Sponsorship reference number will only be considered to be valid if the number supplied links to a Certificate of Sponsorship Checking Service reference that names the applicant as the migrant and confirms that the Sponsor is sponsoring him as a Tier 5( Temporary Worker) Migrant in the subcategory indicated by the migrant in his application for entry clearance or leave.
109A. A Certificate of Sponsorship reference number will only be considered to be valid if:
(a) the Sponsor assigned the reference number to the
migrant no more than 3 months before the application
for entry clearance or leave to remain is made,
(b) the application for entry clearance or leave to remain is
made no more than 3 months before the start date of the
employment as stated on the Certificate of Sponsorship, and
(c) that reference number must not have been cancelled by
the Sponsor or by the United Kingdom Border Agency since it
was assigned.
110. The migrant must not previously have been granted entry clearance, leave to enter or leave to remain relying on the same Certificate of Sponsorship reference number.
111. In addition, where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in creative and sporting subcategory of a Tier 5 ( Temporary Worker) route to enable the applicant to work as a sportsperson, the Certificate of Sponsorship Checking Service entry must show that the applicant has been endorsed by the Governing Body for his Sport (that is, the organisation which is specified in the United Kingdom Border Agency's published guidelines as being the Governing Body for the sport in question).* This is an external website, for which the Home Office is not responsible
112. Points will not be awarded for a Tier 5 (Temporary Worker) Certificate of Sponsorship where the claimed basis for its issuance are the provisions under Mode 4 of the General Agreement on Trade in Services relating to intra-corporate transfers.
Attributes for Tier 4 (General) Students
113. An applicant applying for entry clearance or leave to remain as a Tier 4 (General) Student must score 30 points for attributes.
114. A vailable points are shown in Table 16 below.
115. N otes to accompany Table 16 appear below that table.
Table 16
|
Criterion |
Points awarded |
|---|---|
| Visa letter |
30 |
Notes
116. A visa letter will only be considered to be valid if:
(a) it was issued no more than 6 months before the application is made,
(b) the Sponsor has not withdrawn the offer since the visa letter was issued,
(c) the visa letter has been issued by an institution with a Tier 4 (General) Student
Sponsor Licence,
(d) the institution must still hold such a licence at the time the application for entry
clearance or leave to remain is determined, and
(e) it contains such information as is specified as mandatory in guidance published by
the United Kingdom Border Agency.
117. I n order to be awarded points for a visa letter, the applicant must supply any documentary evidence (e.g. qualification certificates or as specified in guidance published by the United Kingdom Border Agency formigrants) that the applicant used to obtain the offer of a place on a course from the Sponsor.
118. I f the applicant is re-sitting examinations or repeating a module of a course, the applicant must not previously have re-sat the same examination or repeated the same module more than once. If this requirement is not met then no points will be awarded for the visa letter.
119. Points will only be awarded for a visa letter (even if all the above requirements are met) if the course in respect of which it is issued meets each of the following requirements:
(a) The course must meet the United Kingdom Border Agency's minimum academic
requirements, as set out in sponsor guidance published by the United Kingdom Border
Agency, and must lead to an approved qualification as defined in that guidance,
(b) O ther than when the applicant is actually on a work placement, all study that
forms part of the course must take place on the premises of the sponsoring
educational institution.
(c) The course must also meet one of the following requirements:
i. be a full time course of study that leads to a UK recognised bachelor or
postgraduate degree,
ii. be an overseas course of degree level study that is recognised as being
equivalent to a UK Higher Education course and is being provided by an overseas
Higher Education Institution,
iii. involve a minimum of 15 hours per week organised daytime study.
(d) I f the course contains a course-related work placement, any period that the
applicant will be spending on that placement must not exceed half of the total length
of the course spent in the United Kingdom.
Attributes for Tier 4 (Child) Students
120. An applicant applying for entry Clearance or leave to remain as a Tier 4 (Child) Student must score 30 points for attributes.
121. Available points are show in Table 17 below.
122. Notes to accompany Table 17 appear below that table.
Table 17
|
Criterion |
Points awarded |
|---|---|
| Visa letter |
30 |
Notes
123. A visa letter will be considered to be valid only if:
(a) where the applicant is under 16, it was issued by an independent, fee paying
school,
(b) it was issued no more than 6 months before the application is made,
(c) the Sponsor has not withdrawn the offer since the visa letter was issued,
(d) it was issued by an institution with a Tier 4 (Child) Student Sponsor Licence, and
(e) the institution must still hold such a licence at the time the application for entry
clearance or leave to remain is determined.
124. The visa letter must also contain such information as is specified as mandatory by guidance published by the United Kingdom Border Agency.
125. Points will not be awarded under Table 17 unless the course that the student will be pursuing meets one of the following requirements:
(a) be taught in accordance with the National Curriculum,
(b) be taught in accordance with the National Qualification Framework (NQF),
(c) be accepted as being of equivalent academic status to (a) or (b) above by Ofsted
(England), the Education and Training Inspectorate (Northern Ireland), Her Majesty's
Inspectorate of Education (Scotland) or Estyn (Wales),
(d) be provided as required by prevailing independent school education inspection
standards.