Appendix A - Attributes
Attributes for Tier 1 (Exceptional Talent) Migrants
1. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Exceptional Talent) Migrant must score 75 points for attributes.
2. Available points are shown in Table 1.
3. Notes to accompany the table are shown below the table.
Table 1
Applications for entry clearance
| Criterion |
Points |
|---|---|
| Endorsed by Designated Competent Body according to that Body's criteria as published on the UK Border Agency website | 75 |
Applications for leave to remain and indefinite leave to remain
| Criterion |
Points |
|---|---|
| The applicant is economically active in his expert field as previously endorsed by a Designated Competent Body, in employment or self-employment or both; and that Designated Competent Body has not withdrawn its endorsement of the applicant. | 75 |
Notes
Tier 1 (Exceptional Talent) Limit
4. (a) The Secretary of State shall be entitled to limit the total number of Tier 1 (Exceptional Talent) endorsements Designated Competent Bodies may make in support of successful applications in a particular period, to be referred to as the Tier 1 (Exceptional Talent) Limit.
(b) The Tier 1 (Exceptional Talent) Limit for the period 9 August 2011 to 5 April 2012 is 1,000 endorsements in total, which will be allocated to the Designated Competent Bodies as follows:
(i) 300 endorsements to The Arts Council for the purpose of endorsing applicants with exceptional talent in the fields of arts and culture;
(ii) 300 endorsements to The Royal Society for the purpose of endorsing applicants with exceptional talent in the fields of natural sciences and medical science research;
(iii) 200 endorsements to The Royal Academy of Engineering for the purpose of en-dorsing applicants with exceptional talent in the field of engineering; and
(iv) 200 endorsements to The British Academy for the purpose of endorsing applicants with exceptional talent in the fields of humanities and social sciences.
(c) The Tier 1 (Exceptional Talent) Limit will be operated by assigning Tier 1 (Exceptional Talent) Unique Reference Numbers to prospective applicants according to the practice set out in paragraph 5 below.
(d) If a Designated Competent Body chooses to transfer part of its unused allocation of endorsements to another Designated Competent Body by mutual agreement of both bod-ies and the Secretary of State, the allocations of both bodies will be adjusted accordingly and the adjusted allocations will be published on the UK Border Agency website.
Tier 1 (Exceptional Talent) Unique Reference Numbers
5. (a) Before making his application, the prospective applicant must request a Tier 1 (Excep-tional Talent) Unique Reference Number from the UK Border Agency, stating which Des-ignated Competent Body he wishes to endorse his application.
(b) A number of places will be made available for each Designated Competent Body, un-der which Tier 1 (Exceptional Talent) Unique Reference Numbers can be assigned, as follows:
(i) From 9 August 2011 to 30 November 2011, a number of places equal to half that body's allocated endorsements under paragraph 4 above.
(ii) From 1 December 2011 to 5 April 2012, a number of places equal to that body's remaining unused allocated endorsements under paragraph 4 above.
(c) If:
(i) An applicant does not make a valid application within 10 working days of being as-signed a Tier 1 (Exceptional Talent) Unique Reference Number, or
(ii) An application is refused, and that refusal is not subsequently overturned, the Tier 1 (Exceptional Talent) Unique Reference Number assigned to that applicant will be cancelled and the used place will be returned to the number of places available for the relevant Designated Competent Body.
(d) A request to be assigned a Tier 1 (Exceptional Talent) Unique Reference Number will be granted if:
(i) The applicant has not previously been granted three Tier 1 (Exceptional Talent) Unique Reference Numbers during the period 9 August 2011 to 5 April 2012, and
(ii) Places are available for the relevant Designated Competent Body on the date the applicant makes his request.
(e) A request to be assigned a Tier 1 (Exceptional Talent) Unique Reference Number will be refused if:
(i) The applicant has previously been granted three Tier 1 (Exceptional Talent) Unique Reference Numbers during the period 9 August 2011 to 5 April 2012, or
(ii) (1) No places are available for the relevant Designated Competent Body on the date the applicant makes his request, and
(2) No places have been used which could potentially be returned to the number of places available under paragraph (c) above.
(f) In all other cases, no decision will be made regarding the request until the conditions of either (d) or (e) are met.
Endorsement by the relevant Designated Competent Body
6. Points will only be awarded for an endorsement from the relevant Designated Competent Body if the endorsement has not been withdrawn by the relevant Designated Competent Body at the time the application for Entry Clearance is considered by the UK Border Agency.
Attributes for Tier 1 (General) Migrants
7. An applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.
8. An applicant applying for leave to remain or indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes.
9. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant whose application is being made under terms of the HSMP ILR Judicial Review Policy Document is not required to score points for attributes.
10. Available points are shown in Table 2 and Table 3 below. only one set of points will be awarded per column in each table. For example, points will only be awarded for one qualification.
11. Notes to accompany Table 2 and Table 3 appear below Table 3.
Table 2 - Applications for leave to remain and indefinite leave to remain where the applicant has, or has had, leave as a Highly Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant under the rules in place before 6 April 2010, and has not been granted leave in any categories other than these since 6 April 2010
| Qualification | Points | Previous earnings | Points | UK Experience | Points | Age (at date of application for first grant) | Points |
|---|---|---|---|---|---|---|---|
| Bachelor's degree (see paragraph 13 below) | 30 | £16,000- £17,999.99 (see paragraph 18 below) | 5 | If £16,000 or more of the previous earnings for which points are claimed were earned in the UK | 5 | Under 28 years of age | 20 |
| Master's degree |
35 | £18,000- £19,999.99 (see paragraph 18 below) | 10 | If £16,000 or more of the previous earnings for which points are claimed were earned in the UK | 28 or 29 years of age | 10 | |
| PhD | 50 | £20,000- £22,999.99 | 15 | 30 or 31 years of age | 5 | ||
| £23,000- £25,999.99 | 20 | ||||||
| £26,000- £28,999.99 | 25 | ||||||
| £29,000- £31,999.99 | 30 | ||||||
| £32,000- £34,999.99 | 35 | ||||||
| £35,000- £39,999.99 | 40 | ||||||
| £40,000 or more | 45 |
Table 3 - All other applications for leave to remain and indefinite leave to remain
| Qualification | Points | Previous earnings | Points | UK Experience | Points | Age (at date of application for first grant) | Points |
|---|---|---|---|---|---|---|---|
| Bachelor's degree | 30 | £25,000- £29,999.99 |
5 | If £25,000 or more of the previous earnings for which points are claimed were earned in the UK | 5 | Under 30 years of age | 20 |
| Master's degree |
35 | £30,000- £34,999.99 |
15 | 30 to 34 years of age | 10 | ||
| PhD | 45 | £35,000- £39,999.99 |
20 | 35 to 39 years of age | 5 | ||
| £40,000- £49,999.99 |
25 | ||||||
| £50,000- £54,999.99 |
30 | ||||||
| £55,000- £64,999.99 |
35 | ||||||
| £65,000- £74,999.99 |
40 | ||||||
| £75,000- £149,999.99 |
45 | ||||||
| £150,000 or more | 80 |
Notes
12. Qualifications and/or earnings will not be taken into account if the applicant was in breach of the UK's immigration laws at the time those qualifications were studied for or those earnings were made.
Qualifications: notes
13. An applicant will be awarded no points for a Bachelor's degree if:
(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly skilled Migrant, as a Writer, Composer or artist, as a self-employed lawyer, or as a Tier 1 (General) Migrant.
14. 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.
15. Points will only be awarded for an academic qualification if an applicant's qualification is deemed by the national academic 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, as appropriate, in the UK.
16. 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.
17. 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.
Previous earnings: notes
18. An applicant will be awarded no points for previous earnings of less than £20,000 if:
(a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
(b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
(ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or artist, as a self-employed lawyer, or as a Tier 1 (General) Migrant.
19. Specified documents from two or more sources must be provided as evidence for each source of previous earnings.
Period for assessment
20. Applicants should indicate in the application form for which 12-month period their earnings should be assessed.
21. (a) for all applicants 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 circumstances provided for in (i) apply,
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.
22. if the applicant has not indicated a period for assessment of earnings, or has indicated a period which does not meet the conditions in paragraph 24 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
23. 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 and are specified in the applicant's payslips,
(f) dividends paid by a company in which the applicant is active in the day-to-day management, or where the applicant receives the dividend as part or all of their remuneration package,
(g) property rental income, where this constitutes part of the applicant's business, and
(h) payments in lieu of notice.
24. Where the earnings take the form of a salary or wages, they will be assessed before tax (i.e. gross salary).
25. Where the earnings are the profits of a business derived through self-employment or other business activities:
(a) 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, and
(b) the applicant must be registered as self-employed in the UK, and must provide the specified evidence.
26. 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) any other allowances, unless part of the applicant's remuneration package and specified in the applicant's payslips,
(c) dividends, unless paid by a company in which the applicant is active in the day-to-day management, or unless the applicant receives the dividend as part or all of their remuneration package,
(d) property rental income, unless this constitutes part of the applicant's business,
(e) interest on savings and investments,
(f) funds received through inheritance,
(g) monies paid to the applicant as a pension,
(h) expenses where the payment constitutes a reimbursement for monies the applicant has previously outlaid,
(i) redundancy payment,
(j) sponsorship for periods of study,
(k) state benefits, or
(l) prize money or competition winnings, other than where they are directly related to the applicant's main profession or occupation.
Converting foreign currencies
27. 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.
28. 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.
29. The spot exchange rate which will be used is that which appears on www.oanda.com*
30. Where the previous earnings claimed are in different currencies, any foreign currencies will be converted before being added together, and then added to any UK earnings, to give a total amount.
UK experience: notes
31. Previous earnings will not be taken into account for the purpose of awarding points for UK experience if the applicant was not physically present in the UK at the time those earnings were made.
32. Previous earnings will not be taken into account for the purpose of awarding points for UK experience if the applicant was physically present in the Isle of Man or the Channel Islands at the time those earnings were made.
Age: notes
33. if the applicant was first granted leave in the categories of Highly Skilled Migrant, Writer, Composer or Artist, Self-employed Lawyer or Tier 1 (General) Migrant and has not been granted leave in any category other than those listed here since the first grant of leave, points will be awarded based on the applicant's age at the date of the application for that first grant of leave. if the applicant has been granted leave since his first grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date of application for a grant of leave in a category listed in this paragraph where leave has not been granted in any category not listed in this paragraph between that grant of leave and the current application.
34. Specified documents must be provided as evidence of age.
Attributes for Tier 1 (Entrepreneur) Migrants
35. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant must score 75 points for attributes.
36. Subject to paragraph 37, available points for applications for entry clearance or leave to remain are shown in Table 4.
37. 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 5.
38. Available points for applications for indefinite leave to remain are shown in Table 6.
39. (a) Notes to accompany Table 4 appear below Table 4.
(b) Notes to accompany Table 5 and Table 6 appear below Table 6.
(c) Notes on entrepreneurial teams appear below Table 6 and apply to Tables 4, 5 and 6.
Table 4: Applications for entry clearance or leave to remain referred to in paragraph 36
| Investment | Points |
|---|---|
|
(a) The applicant has access to not less than £200,000, or (b) The applicant has access to not less than £50,000 from: (i) one or more registered venture capitalist firms regulated by the Financial Services Authority, (ii) one or more UK Entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & Investment website, or (iii) one or more UK Government Departments, and made available by the Department(s) for the specific purpose of establishing or expanding a UK business. |
25 |
|
The money is held in one or more regulated financial institutions |
25 |
|
The money is disposable in the UK |
25 |
Investment: notes
40. Specified documents as set out in the Tier 1 (Entrepreneur) Guidance, published on the UK Border Agency website, must be provided as evidence of any investment.
41. An applicant will only be considered to have access to funds if:
(a) The specified documents are provided to show cash money to the amount required (this must not be in the form of assets);
(b) The specified documents are provided to show that the applicant has permission to use the money to invest in a business in the UK; and
(c) The money is either held in a UK regulated financial institution or is transferable to the UK.
42. Points will only be awarded to an applicant to whom Table 4, paragraph (b) applies if the total sum of those funds derives from one or more of the sources listed in (b)(i) to (iii) in Table 4.
43. A regulated financial institution is one, which is regulated by the appropriate regulatory body for the country in which the financial institution operates.
44. 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.
45. If the applicant has invested the money referred to in Table 4 in the UK before the date of the application, points will be awarded for funds available as if the applicant had not yet invested the funds, providing the investment was made no more than 12 months before the date of the application.
Table 5: Applications for leave to remain referred to in paragraph 37
| Investment and business activity | Points |
|---|---|
|
|
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 6 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 |
|
On a date no earlier than three months prior to the date of application, the applicant was: (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. |
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 invested in 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 full time jobs. 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 |
Table 6: Applications for indefinite leave to remain as referred to in paragraph 38
| Row | Investment and business activity | Points |
|---|---|---|
| 1. |
On a date no earlier than three months prior to the date of application, the applicant was: (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. |
20 |
| 2. |
The applicant has: (a) established a new UK business or businesses that has or have created the equivalent of X new full time jobs for persons settled in the UK, or (b) taken over or invested in an existing UK 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 X new full time jobs where X is at least 2. 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 |
| 3. |
The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) Migrant, as a Businessperson and/or as an Innovator, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant. The specified continuous period is: (a) 3 years if the number of new full time jobs, X, referred to in row 2 above is at least 10, (b) 3 years if the applicant has:
or (c) 5 years in all other cases. |
35 |
Investment and business activity: notes
46. Documentary evidence must be provided in all cases. Specified documents as set out in the Tier 1 (Entrepreneur) Guidance, published on the UK Border Agency website, 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.
47. For the purposes of tables 4, 5 and 6, "investment" does not include the value of any residential accommodation, property development or property management and must not be in the form of a director's loan, unless it is unsecured and subordinated in favour of the business.
48. Points will only be awarded in respect of a UK business or businesses. a business will be considered to be in the UK if:
(i) it is trading within the UK economy, and
(ii) it has a registered office in the UK, except where the applicant is registered with HM revenue & Customs as self-employed and does not have a business office, and
(iii) it has a UK bank account, and
(iv) it is subject to UK taxation.
Multinational companies that are registered as UK companies with either a registered office or head office in the UK are considered to be UK businesses for the purposes of tables 4, 5 and 6.
49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job but one full time job of more than 30 hours work a week will not count as more than one full time job.
50. Where the applicant's last grant of entry clearance or leave was as a Tier (Entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period in 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 in which the migrant had leave as a Tier 1 (Entrepreneur) Migrant.
51. The jobs must comply with all relevant UK legislation including, but not limited to, the national Minimum Wage and the Working Time Directive.
Entrepreneurial teams: Notes
52. Two applicants may claim points for the same investment and business activity in Tables 4, 5 or 6 providing the following requirements are met.
Requirements:
(a) The applicants have equal level of control over the funds and/or the business or businesses in question;
(b) The applicants are both shown by name in each other's applications and in the specified evidence required in the relevant table; and
(c) Neither applicant has previously been granted leave as a Tier 1 (Entrepreneur) Migrant on the basis of investment and/or business activity linked in this way with any applicant other than each other if the same funds are being relied on as in a previous application.
53. If the two applicants referred to in paragraph 52 above make their applications on different dates, or are granted leave on different dates, where the dates referred to in Table 4, Table 5 and the associated notes relate to investment and/or business activity, the relevant date will be taken as the date of the earlier application or grant of leave of the two, for both applications. The dates referred to in Table 6 will be the date of each individual application.
Attributes for Tier 1 (Investor) Migrants
54. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Investor) Migrant must score 75 points for attributes.
55. Subject to paragraph 56, available points for applications for entry clearance or leave to remain are shown in Table 7.
56. 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.
57. Available points for applications for indefinite leave to remain are shown in Table 9.
58. Notes to accompany Table 7, Table 8 and Table 9 appear below Table 9.
Table 7: applications for entry clearance or leave to remain referred to in paragraph 60
| 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
|
75 |
Table 8: Applications for leave to remain referred to in paragraph 61
| Assests 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
|
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, subject to the restrictions set out in paragraph 65 below and has invested the remaining balance of £1,000,000 in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution. |
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 (if 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 as a Tier 1 (Investor) Migrant and in each case 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 |
Table 9: applications for indefinite leave to remain
| Row | Assests and investment | Points |
|---|---|---|
| 1. |
The applicant: (a) (i) has money of his own under his control in the UK amounting to not less than £10 million, or
or (b) (i) has money of his own under his control in the UK amounting to not less than £5 million, or
or (c) (i) has money of his own under his control in the UK amounting to not less than £1 million, or
|
20 |
| 2. |
The applicant has invested not less than 75% of the specified invested amount of his capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, subject to the restrictions set out in paragraph 65 below, and has invested the remaining balance of the specified invested amount in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution. The specified invested amount is: (a) £10,000,000 if the applicant scores points from row 1(a) above, (b) £5,000,000 if the applicant scores points from row 1(b) above, or (c) £1,000,000 if the applicant scores points from row 1(c) above. |
20 |
| 3. |
The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified continuous period must have been spent with leave as a Tier 1 (Investor) Migrant and/or as an Investor, of which the most recent period must have been spent with leave as a Tier 1 (Investor) Migrant. The specified continuous period is: (a) 2 years if the applicant scores points from row 1(a) above, (b) 3 years if the applicant scores points from row 1(b) above, or (c) 5 years if the applicant scores points from row 1(c) above. |
20 |
| 4. |
The applicant has maintained the full specified invested amount referred to in the relevant part of row 2 throughout the relevant specified continuous period referred to in row 3, other than in the first 3 months of that period and, in relation to time spent with leave as a Tier 1 (Investor) Migrant, has provided specified documents to show that this requirement has been met. When calculating the specified continuous period, the first day of that period will be taken to be the day 3 months before the full specified amount is invested. |
15 |
Assets and investment: notes
59. Specified documents as set out in the Tier 1 (Investor) Guidance, published on the UK Border Agency website, must be provided as evidence of investment.
60. 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.
61. "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:
(a) the applicant's spouse, civil partner or unmarried or same-sex partner meets the requirements of paragraphs 319(c) and (d) of these rules, and
(b) 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
62. "Regulated financial institution" is defined in paragraph 43, Appendix A.
63. In the case of an application where Table 7 applies, where the money or assets referred to in Table 7 have already been invested in the UK before the date of application, points will only be awarded if they were invested in the UK no more than 12 months before the date of application.
64. In the case of an application where Table 7 applies, points will only be awarded if the applicant:
(a) has had the money or assets referred to in Table 7 for a consecutive 90-day period of time, ending no earlier than one calendar month before the date of application, and provides the specified evidence; or
(b) provides additional specified evidence of the source of the money or assets.
65. Investment excludes investment by the applicant by way of:
(a) an offshore company or trust,
(b) Open-ended investment companies, investment trust companies or pooled investment vehicles,
(c) Companies mainly engaged in property investment, property management or property development,
(d) Deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits,
(e) ISAs, premium bonds and saving certificates issued by the National Savings and Investment Agency (NS&I), for an applicant who has, or last had leave as a Tier 1 (Investor) Migrant, or
(f) Leveraged investment funds.
Attributes for Tier 1 (Post-Study Work) Migrants
66. An applicant applying for entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant must score 75 points for attributes.
67. Available points are shown in Table 10.
68. Notes to accompany the table appear below the table.
Table 10
| Qualifications | Points |
|---|---|
|
The applicant has been awarded: (a) a UK recognised bachelor or postgraduate degree, or (b) a UK postgraduate certificate in education or Professional Graduate Diploma of 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 institution which maintains satisfactory records of enrolment and attendance. The Scottish institution must:
|
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 that was not subject to a restriction preventing him from undertaking a course of study and/or research. | 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 or within 12 months of completing a United Kingdom Foundation Programme Office affiliated Foundation Programme as a postgraduate doctor or dentist. |
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
69. Specified documents must be provided as evidence of the qualification and, where relevant, completion of the United Kingdom Foundation Programme Office affiliated Foundation Programme as a postgraduate doctor or dentist.
70. 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.
71. If the institution studied at is removed from one of the relevant lists referred to in Table 10, or from the Tier 4 Sponsor Register, no points will be awarded for a qualification obtained on or after the date the institution was removed from the relevant list or from the Tier 4 Sponsor Register.
72.. To qualify as an HND from a Scottish institution, a qualification must be at level 8 on the Scottish Credit and Qualifications Framework.
Attributes for Tier 2 (Intra-Company Transfer) Migrants
73. An applicant applying for entry or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant must score 50 points for attributes.
73A. Available points for entry clearance or leave to remain are shown in Table 11.
73B. Notes to accompany Table 11 appear below the table.
Table 11
| Criterion | Points |
|---|---|
| Certificate of Sponsorship | 30 |
| Appropriate salary | 20 |
Notes
Certificate of Sponsorship
74. In order to obtain points for a Certificate of Sponsorship, the applicant must provide a valid Certificate of Sponsorship reference number.
74A. A Certificate of Sponsorship reference number will only be considered to be valid if:
(a) 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 (Intra-Company Transfer) Migrant and specifies the sub-category of Tier 2 (Intra-Company Transfer) under which he is applying,
(b) the Sponsor assigned the Certificate of Sponsorship reference number to the migrant no more than 3 months before the application for entry clearance or leave to remain is made,
(c) 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,
(d) The migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Certificate of Sponsorship reference number, if that application was either approved or refused (not rejected as an invalid application or withdrawn),
(e) that reference number must not have been withdrawn or cancelled by the Sponsor or by the UK Border Agency since it was assigned, including where it has been cancelled by the UK Border Agency due to having been used in a previous application, and
(f) the Sponsor is an A-rated Sponsor, unless the application is for leave to remain and the applicant has, or was last granted, leave as a Tier 2 (Intra-Company) Migrant or a Qualifying Work Permit Holder.
74B. (a) Except in the cases referred to in paragraph (b) below, no points will be awarded for a Certificate of Sponsorship unless the job that the Certificate of Sponsorship Checking Service entry records that the person is being Sponsored to do appears on the list of graduate level occupations as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency.
(b) Paragraph (a) does not apply where the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category, and was last granted entry clearance, leave to enter or leave to remain as:
(i) a Qualifying Work Permit Holder, or
(ii) a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011.
(c) In the cases referred to in paragraph (b) above, no points will be awarded for a Certificate of Sponsorship unless:
(i) the job that the Certificate of Sponsorship Checking Service entry records that the person is being Sponsored to do appears on the list of occupations skilled to national Qualifications framework level 3 as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, or
(ii) the applicant is a Senior Care Worker or an Established Entertainer as defined in paragraph 6 of these Rules.
74C. (a) if the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in either the Short Term Staff or Long Term Staff sub-categories, no points will be awarded for a Certificate of Sponsorship unless:
(i) the applicant has been working for the Sponsor for the specified period in paragraph (b) below,
(ii) the applicant has been working for the Sponsor outside the UK and/or in the UK, provided he had leave to work for the Sponsor as:
(1) a Tier 2 (Intra-Company Transfer) Migrant in either of the Short Term Staff or Long Term Staff sub-categories,
(2) a Tier 2 (Intra-Company Transfer) Migrant in the established staff sub-category under the rules in place before 6 April 2011,
(3) a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2010,
(4) a Qualifying Work Permit Holder (provided that the work permit was granted because the holder was the subject of an Intra-Company Transfer), and/or
(5) as a representative of an Overseas Business, and
(iii) the applicant provides the specified documents as set out in the Tier 2 (Intra-Company Transfer) Guidance published on the UK Border Agency website.
(b) The specified period referred to in paragraph (a)(i) above is:
(i) a continuous period of 12 months immediately prior to the date of application, or
(ii) if at some point within the 12 months preceding the date of application, the applicant has been:
(1) on maternity, paternity or adoption leave,
(2) on long-term sick leave lasting one month or longer, or
(3) working for the Sponsor in the UK as a Tier 2 (Intra-Company Transfer) Migrant in either of the Graduate Trainee or Skills Transfer sub-categories,
and provides the specified evidence as set out in the Tier 2 (Intra-Company Transfer) Guidance published on the UK Border Agency website, an aggregated period of at least 12 months within the 24 month period immediately prior to the date of application.
74D. if the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, no points will be awarded for a Certificate of Sponsorship unless:
(a) the job that the Certificate of Sponsorship Checking Service entry records that the person is being Sponsored to do is part of a structured graduate training programme as defined in Tier 2 (Intra-Company Transfer) Guidance published on the UK Border Agency website,
(b) the Sponsor has assigned Certificates of Sponsorship to 5 applicants or fewer, including the applicant in question, under the Graduate Trainee sub-category in the current year, beginning 6 April 2011 and ending 5 April 2012, and
(c) the applicant has been working for the Sponsor outside the UK for a continuous period of 3 months immediately prior to the date of application, and must provide the specified documents to prove this,
74E. If the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Skills Transfer subcategory, no points will be awarded for a Certificate of Sponsorship unless the job that the Certificate of Sponsorship Checking Service entry records that the person is being Sponsored to do is for the sole purpose of transferring skills to or from the Sponsor's UK work environment. The appointment must be additional to staffing requirements that is the role in the UK would not exist but for the need for skills transfer.
74F. An applicant cannot score points for a Certificate of Sponsorship from Table 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.
Appropriate salary
75. The points awarded for appropriate salary will be based on the applicant's gross annual salary 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, subject to the following conditions:
(i) Points will be awarded based on basic pay (excluding overtime);
(ii) Allowances will be included in the salary for the awarding of points where they are part of the guaranteed salary package and:
(1) would be paid to a local settled worker in similar circumstances, or
(2) are paid to cover the additional cost of living in the UK;
(iii) Where allowances are made available solely for the purpose of accommodation, they will only be included up to a value of:
(1) 40% of the total salary package for which points are being awarded, if the applicant is applying in either the Short Term Staff, Graduate Trainee or Skills Transfer sub-categories, or
(2) 30% of the total salary package for which points are being awarded, if the applicant is applying in the Long Term Staff sub-category;
(iv) Allowances to cover business expenses, including (but not limited to) travel to and from the sending country, will not be included.
75A. No points will be awarded if the salary referred to in paragraph 75 above is less than £40,000 per year where the applicant is applying in the Long Term Staff sub-category, unless the applicant is applying for leave to remain and has, or last had entry clearance, leave to enter or leave to remain as:
(i) a Qualifying Work Permit Holder, or
(ii) a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011.
75B. No points will be awarded if the salary referred to in paragraph 75 above is less than £24,000 per year where the applicant is applying in the Short Term Staff, Graduate Trainee or Skills Transfer sub-categories, unless the applicant is applying for leave to remain and has, or last had entry clearance, leave to enter or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011.
75C. No points will be awarded if the salary referred to in paragraph 75 above is less than the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, unless the applicant is an established entertainer as defined in paragraph 6 of these Rules.
75D. Where the applicant is paid hourly, the appropriate salary consideration will be based on 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 be considered to have a salary of £19,968 (8x48x52) and not £25,960 (8x60x52), and will therefore not be awarded points for appropriate salary.
75E. No points will be awarded for appropriate salary if the applicant does not provide a valid Certificate of Sponsorship reference number with his application.
Attributes for Tier 2 (General) Migrants
76. An applicant applying for entry or leave to remain as a Tier 2 (General) Migrant must score 50 points for attributes.
76A. Available points for entry clearance or leave to remain are shown in Table 11A.
76B. Notes to accompany Table 11A appear below the table.
Table 11A
|
Certificate of Sponsorship |
Points |
Appropriate salary |
Points |
|---|---|---|---|
| Shortage occupation |
30 |
Appropriate salary |
20 |
| Job offer with a salary of £150,000 or more |
30 | ||
| Job offer passes resident labour Market Test |
30 | ||
| Post-Study Work |
30 | ||
| Continuing to work in the same job for the same Sponsor | 30 |
Notes
Certificate of Sponsorship
77. Points may only be scored for one entry in the Certificate of Sponsorship column.
77A. In order to obtain points for a Certificate of Sponsorship, the applicant must provide a valid Certificate of Sponsorship reference number.
77B. The only Certificates of Sponsorship to be allocated to Sponsors for applicants to be Sponsored as Tier 2 (General) Migrants during the period 6 April 2011 to 5 April 2012 are:
(a) Certificates of Sponsorship to be assigned to applicants for entry clearance as a Tier 2 (General) Migrant, as allocated to Sponsors under the Tier 2 (General) limit, which is set out in paragraphs 80 to 84A below.
(b) Certificates of Sponsorship to be assigned to applicants for leave to remain as a Tier 2 (General) Migrant,
(c) Certificates of Sponsorship to be assigned to an applicant to do a job for which the gross annual salary (including such allowances as are specified as acceptable for this purpose in guidance issued by the UK Border Agency) is £150,000 or higher,
and
77C. A Certificate of Sponsorship reference number will only be considered to be valid if:
(a) 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 (General) Migrant,
(b) the Sponsor assigned that reference number to the migrant no more than 3 months after the Sponsor was allocated the Certificate of Sponsorship, if the Certificate of Sponsorship was allocated to the Sponsor under the Tier 2 (General) limit,
(c) 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,
(d) 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,
(e) the migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Certificate of Sponsorship reference number, regardless of whether that previous application was successful,
(f) that reference number must not have been withdrawn or cancelled by the Sponsor or by the UK Border Agency since it was assigned, including where it has been cancelled by the UK Border Agency due to having been used in a previous application, and
(g) the Sponsor is an A-rated Sponsor, unless:
(1) the application is for leave to remain, and
(2) the applicant has, or was last granted, leave as a Tier 2 (General) Migrant, a Jewish Agency Employee, 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 Qualifying Work Permit Holder, and
(3) the applicant is applying to work for the same employer named on the Certificate of Sponsorship or Work Permit document which led to his last grant of leave or, in the case of an applicant whose last grant of leave was as a Jewish Agency Employee, a Member of the Operational Ground Staff of an Overseas-owned Airline, a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, the same employer for whom the applicant was working or stated he was intending to work when last granted leave.
77D. No points will be awarded for a Certificate of Sponsorship unless:
(a) in the case of a Certificate of Sponsorship which was allocated to the Sponsor under the Tier 2 (General) limit, the number supplied links to a Certificate of Sponsorship Checking Service entry which contains the same job and at least the same salary details as stated in the Sponsor's application for that Certificate of Sponsorship,
(b) in the case of a Certificate of Sponsorship which was not allocated to the Sponsor under the Tier 2 (General) limit:
(i) the applicant is applying for leave to remain, or
(ii) the number supplied links to a Certificate of Sponsorship Checking Service entry which shows that the applicant's gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 79 of this appendix) to be paid by the Sponsor is £150,000 or higher.
77E. (a) Except in the cases referred to in paragraphs (b) and (c) below, no points will be awarded for a Certificate of Sponsorship unless the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the list of graduate level occupations as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, or on the list of shortage occupations published by the UK Border Agency.
(b) Paragraph (a) above does not apply to cases where the applicant:
(i) is applying for leave to remain as a Tier 2 (General) Migrant,
(ii) has previously had entry clearance, leave to enter or leave to remain as:
(1) a Qualifying Work Permit Holder,
(2) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
(3) a Member of the Operational Ground Staff of an Overseas-owned Airline
(4) a Jewish Agency Employee, or
(5) a Tier 2 (General) Migrant under the rules in place before 6 April 2011,
less than 5 years before the date that the applicant's last grant of entry clearance, leave to enter or leave to remain expires, and
(iii) has not been granted entry clearance as a Tier 2 (General) Migrant or in any other category since his last grant of leave in one of the categories in (ii) above.
(c) Paragraph (a) above also does not apply to cases where:
(i) the applicant is applying for leave to remain,
(ii) the applicant has, or last had, entry clearance, leave to enter or leave to remain as a Tier 2 (General) Migrant or a Qualifying Work Permit Holder,
(iii) at the time the Certificate of Sponsorship or Work Permit which led to the grant of leave in (ii) was issued, the job referred to in that Certificate of Sponsorship or Work Permit appeared on the list of shortage occupations published by the UK Border Agency, and
(iv) the job that the Certificate of Sponsorship Checking service entry records that the person is being sponsored to do in his current application is the same as the job referred to in (iii), for either the same or a different employer.
(d) in the cases referred to in paragraphs (b) and (c) above, no points will be awarded for a Certificate of Sponsorship unless:
(i) the job that the Certificate of Sponsorship Checking Service entry records that the person is being Sponsored to do appears on the list of occupations skilled to National Qualifications Framework level 3 as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, or
(ii) the applicant is a senior Care Worker or an Established Entertainer as defined in paragraph 6 of these Rules.
77F. An applicant cannot score points for a Certificate of Sponsorship from Table 11A 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.
Shortage occupation
78. In order for the applicant to be awarded points for a job offer in a shortage occupation:
(a) the job must, at the time the Certificate of Sponsorship was assigned to the applicant, have appeared on the list of shortage occupations published by the UK Border Agency,
(b) in all cases, contracted working hours must be for at least 30 hours a week, and
(c) in all cases, if the UK Border Agency list of shortage occupations indicates that the job appears on the 'Scotland only' shortage occupation list, the job offer must be for employment in which the applicant will be working at a location in Scotland.
Job offer with a salary of £150,000 or more
78A. In order for the applicant to be awarded points for a job offer with a salary of £150,000 or more, the Certificate of Sponsorship Checking Service entry must show that the applicant's gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 79 of this appendix) to be paid by the Sponsor is £150,000 or higher.
Job offer passes Resident Labour Market Test
78B. In order for the applicant to be awarded points for a job offer that passes the resident labour market test:
(a) 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 UK Border Agency, in respect of the job, and
(b) if the guidance referred to in (a) specifies that the job must have been advertised in Jobcentre Plus or JobCentre online, the Certificate of Sponsorship Checking Service entry must also contain the Jobcentre Plus or JobCentre online vacancy reference number.
Post-Study Work
78C. In order for the applicant to be awarded points for post-study work:
(a) the applicant must be applying for leave to remain,
(b) the applicant must have 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) the applicant must have been working for the Sponsor for the specified period, and must provide the specified documents to prove this. The specified period is:
(i) a continuous period of 6 months immediately prior to the date of application, or
(ii) if at some point within the 6 months preceding the date of application the applicant has been:
(1) on maternity, paternity or adoption leave, or
(2) on long-term sick leave lasting one month or longer
and provides the specified evidence as set out in the Tier 2 (General) Guidance published on the UK Border Agency website, an aggregated period of at least 6 months within the 18 month period immediately prior to the date of application, and
(d) the job the applicant is being sponsored to do must be the same as the one he is doing at the time of his application.
Continuing to work in the same job for the same Sponsor
78D. In order for the applicant to be awarded points for continuing to work in the same job for the same Sponsor:
(a) the applicant must be applying for leave to remain,
(b) the applicant must have entry clearance or leave to remain as:
(i) a Tier 2 (General) Migrant,
(ii) a Qualifying Work Permit Holder,
(iii) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
(iv) a Member of the Operational Ground Staff of an Overseas-owned Airline or
(v) a Jewish Agency Employee,
(b) the Sponsor must be the same employer:
(i) as the Sponsor on the previous application that was granted, in the case of an applicant whose last grant of leave was as a Tier 2 (General) Migrant,
(ii) that the work permit was issued to, in the case of an applicant whose last grant of leave was as a Qualifying Work Permit Holder,
(iii) for whom the applicant was working or stated he was intending to work when last granted 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.
(c) the job that the Certificate of Sponsorship Checking Service entry records the applicant as having been engaged to do must be the same job:
(i) 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,
(ii) 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, or
(iii) 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.
Appropriate salary
79. The points awarded for appropriate salary will be based on the applicant's gross annual salary 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, subject to the following conditions:
(i) Points will be awarded based on basic pay (excluding overtime);
(ii) Allowances, such as London weighting, will be included in the salary for the awarding of points where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
(iii) Other allowances and benefits, such as bonus or incentive pay, travel and subsistence (including travel to and from the applicant's home country), will not be included.
79A. No points will be awarded if the salary referred to in paragraph 79 above is less than £20,000 per year, unless the applicant is applying for leave to remain and has, or last had 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 under the Rules in place before 6 April 2011.
79B. No points will be awarded for appropriate salary if the salary referred to in paragraph 79 above is less than the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, unless the applicant is an established entertainer as defined in paragraph 6 of these Rules.
79C. Where the applicant is paid hourly, the appropriate salary consideration will be based on 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 be considered to have a salary of £19,968 (8x48x52) and not £25,960 (8x60x52), and will therefore not be awarded points for appropriate salary.
79D. No points will be awarded for appropriate salary if the applicant does not provide a valid Certificate of Sponsorship reference number with his application.
Tier 2 (General) limit
Overview
80. The Secretary of State shall be entitled to limit the number of Certificates of Sponsorship available to be allocated to Sponsors in any specific period under the Tier 2 (General) limit referred to in paragraph 77B(a) above;
80A. The Tier 2 (General) limit for the specific period 6 April 2011 to 5 April 2012 is 20,700 Certificates of Sponsorship.
80B. The process by which Certificates of Sponsorship shall be allocated to Sponsors under the Tier 2 (General) limit is set out in paragraphs 80C to 84a and Tables 11B and 11C below.
80C. A Sponsor must apply to the Secretary of State for a Certificate of Sponsorship.
80D. Available points for an application for a Certificate of Sponsorship are shown in Table 11B. No application will be
granted unless it scores a minimum of 30 points under the heading "Type of Job" and a minimum of 2 points under the heading "Salary on Offer".
80E. Notes to accompany Table 11B appear below the table.
Table 11B
Applications for Certificates of Sponsorship under the Tier 2 (General) limit
|
Type of job |
Points |
Salary on offer |
Points |
|---|---|---|---|
| Shortage Occupation |
75 | £20,000 -£20,999.99 | 2 |
| PhD-level occupation code and job passes resident labour Market Test | 50 | £21,000 - £21,999.99 | 3 |
| Job passes resident labour Market Test | 30 | £22,000 - £22,999.99 | 4 |
| £23,000 - £23,999.99 | 5 | ||
| £24,000 - £24,999.99 | 6 | ||
| £25,000 - £25,999.99 | 7 | ||
| £26,000 - £26,999.99 | 8 | ||
| £27,000 - £27,999.99 | 9 | ||
| £28,000 - £31,999.99 | 10 | ||
| £32,000 - £45,999.99 | 15 | ||
| £46,000 - £74,999.99 | 20 | ||
| £75,000 - £99,999.99 | 25 | ||
| £100,000 - £149,999.99 | 30 |
Notes
81.Points may only be scored for one entry in each column.
81A. No points will be awarded under the heading "Type of Job" unless the job described in the Sponsor's application for a Certificate of Sponsorship appears on the list of graduate level occupations as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency.
81B. In order for the Sponsor's application to be awarded points for a job in a shortage occupation, the job must, at the time the application for a Certificate of Sponsorship is decided, appear on the list of shortage occupations published by the UK Border Agency, and contracted working hours must be for at least 30 hours a week. Furthermore, if the UK Border Agency list of shortage occupations indicates that the job appears on the 'Scotland only' shortage occupation list, the job must be for employment in Scotland.
81C. In order for the Sponsor's application to be awarded points for a job in a PhD-level occupation code, the job must be in an occupation code which appears on the list of PhD-level occupation codes as stated in the Sponsor Guidance published by the UK Border Agency. The Sponsor's application must also meet the requirements of paragraph 81D.
81D. In order for the Sponsor's application to be awarded points for a job that passes the resident labour market test, the Sponsor must certify that it has met the requirements of that test, as defined in guidance published by the UK Border Agency, in respect of the job.
81E. The points awarded under the heading "Salary on Offer" will be based on the gross annual salary on offer to be paid by the Sponsor, as stated in the Sponsor's application, subject to the following conditions:
(i) Points will be awarded based on basic pay (excluding overtime);
(ii) Allowances, such as London weighting, will be included in the salary for the awarding of points where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
(iii) Other allowances and benefits, such as bonus or incentive pay, travel and subsistence (including travel to and from the applicant's home country), will not be included.
81F. No points will be awarded for the salary on offer if the salary referred to in paragraph 81e above is less than the appropriate rate for the job as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency.
81G. Where the salary on offer will be paid hourly, the salary on offer will be calculated on the basis of earnings up to a maximum of 48 hours a week, even if the jobholder works for longer than this.
Monthly allocations
82. The Tier 2 (General) limit will be divided into monthly allocations.
82A. There will be a monthly allocation specifying the number of Certificates of Sponsorship available to be allocated in respect of applications for Certificates of Sponsorship received during each application period. The provisional monthly allocation, subject to the processes set out in paragraphs 83 to 84a below, in respect of each application period is set out in table 11C below.
82B. Applications by Sponsors for Certificates of Sponsorship will be accepted for consideration against each monthly allocation in the relevant application period as set out in table 11C below.
82C. An application that would fall to be considered as having been received in a particular application period may be deferred for consideration as if it had been received in the following application period if the Secretary of State considers that the information stated in the application requires verification checks, and may be refused if the information cannot be verified or is confirmed as false. If the verification checks are prolonged due to the failure of the Sponsor to co-operate with the verification process such that the application cannot be considered as if it had been received in the next monthly allocation period, the application will be refused.
82D. These provisional monthly allocations may be adjusted according to the processes set out in paragraphs 83 to 84a in the notes below the table.
Table 11C
Certificates of Sponsorship under the Tier 2 (General) limit available to be allocated each month (subject to the processes set out at paragraphs 83 to 84A)
| Application Period | Provisional monthly allocation |
|---|---|
| Up to 6 April 2011 | 4,200 |
| 7 April - 5 May 2011 | 1,500 |
| 6 May 2011 - 5 June 2011 | 1,500 |
| 6 June 2011 - 5 July 2011 | 1,500 |
| 6 July 2011 - 5 August 2011 | 1,500 |
| 6 August 2011 - 5 September 2011 | 1,500 |
| 6 September 2011 - 5 October 2011 | 1,500 |
| 6 October 2011 - 5 November 2011 | 1,500 |
| 6 November 2011 - 5 December 2012 | 1,500 |
| 6 December 2012 - 5 January 2012 | 1,500 |
| 6 January 2012 - 5 February 2012 | 1,500 |
| 6 February 2012 - 5 March 2012 | 1,500 |
Notes
83. In paragraphs 83A to 84a below:
(a) "number of applications" means the number of applications by Sponsors for a Certificate of Sponsorship under the Tier 2 (General) limit in one of the monthly periods set out in Table 11C above.
(b) "monthly allocation" means the monthly allocation for that period as set out in Table 11C above, including if applicable any adjustment according to the processes set out in these paragraphs following the assigning of Certificates of Sponsorship under the Tier 2 (General) limit in the previous monthly period.
83A. Subject to paragraph 83e below, if the number of applications is equal to or less than the monthly allocation:
(a) All applications by Sponsors which score 32 points or more from the points available in Table 11B above will be granted, and
(b) If the number of applications granted under (a) above is less than the monthly allocation, the next monthly allocation will be increased by a number equivalent to the Certificates of Sponsorship remaining for allocation in the undersubscribed current month.
83B. Subject to paragraph 83e below, if the number of applications is greater than the monthly allocation:
(a) The minimum points level at which applications for Certificates of Sponsorship will be granted will be calculated as follows:
(i) if the number of applications scoring 32 points or more is no more than 100 greater than the monthly allocation, all applications which score 32 points or more will be granted.
(ii) if the number of applications scoring 32 points or more is more than 100 greater than the monthly allocation, X (being both the number of points scored in Table 11B above and the minimum number of points required for an application to be granted) will be increased by 1 point incrementally until the number of applications scoring X points is:
(1) less than or equal to the monthly allocation; or
(2) no more than 100 greater than the monthly allocation;
whichever results in the higher value of X, at which stage all applications which score X points or more will be granted.
(b) if the number of applications granted under (a) above is less than the monthly allocation, the number remaining under the monthly allocation will be added to the next monthly allocation.
(c) if the number of applications granted under (a) above is more than the monthly allocation, the number by which the monthly allocation is exceeded will be subtracted from the next monthly allocation.
83C. If a Sponsor is allocated one or more Certificates of Sponsorship under the Tier 2 (General) limit which it then elects not to assign to a migrant it may return them to the Secretary of State and the Secretary of State will subsequently add such Certificates of Sponsorship to the following monthly allocation.
83D. If:
(i) a Sponsor is allocated one or more Certificates of Sponsorship under the Tier 2 (General) limit; and
(ii) the application(s) by the Sponsor scored points from Table 11C for a job in a shortage occupation; and
(iii) the Sponsor has not assigned the Certificate(s) of Sponsorship to a migrant(s); and
(iv) the job(s) in question no longer appear on the list of shortage occupations published by the UK Border Agency,
the Certificate(s) of Sponsorship in question will be cancelled and the Secretary of State will subsequently add such Certificates of Sponsorship to the following monthly allocation.
83E. With regard to the final monthly allocation under the Tier 2 (General) limit for 6 April 2011 to 5 April 2012 to which the application period of 6 February 2012 to 5 March 2012 relates:
(i) Paragraphs 83a(b), 83B(b) and 83B(c) do not apply to this monthly allocation, such that no adjustments will be made to the next monthly allocation, and
(ii) References to 'more than 100 greater than the monthly allocation' in paragraphs 83B(a)(ii) to (iii) are amended to 'greater than the monthly allocation', such that the total Tier 2 (General) limit of 20,700 Certificates of Sponsorship in the period 6 April 2011 to 5 April 2012 will not be exceeded.
84. The Secretary of State is entitled (but not required) to grant an application for a Certificate of Sponsorship under the
Tier 2 (General) limit exceptionally outside of the processes set out in paragraphs 82a to 83B above if:
(a) the application is considered by the Secretary of State to require urgent treatment when considered in line with the Tier 2 (Sponsor) guidance published on the UK Border Agency website , and
(b) the application scores enough points from Table 11B above that it would have met the requirements to be granted under the previous monthly allocation.
84A. For each Certificate of Sponsorship application granted under the urgent treatment process set out in paragraph 84 above:
(i) the current monthly allocation for granting Certificates of Sponsorship further to requests for urgent treatment will be reduced by one, if the current monthly allocation has not yet been reached; or
(ii) In all other cases, the subsequent monthly allocation for granting Certificates of Sponsorship further to requests for urgent treatment will be reduced by one.
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:
(a) 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 (Minister of Religion) Migrant, and
(b) the Sponsor is an A-rated Sponsor, unless:
(1) the application is for leave to remain, and
(2) the applicant has, or was last granted, leave as a Tier 2 (Minister of Religion) Migrant, a Minister of Religion, Missionary or Member of a Religious Order, and
(3) the applicant is applying to work for the same employer named on the Certificate of Sponsorship which led to his last grant of leave or, in the case of an applicant whose last grant of leave was as a Minister of Religion, Missionary or Member of a Religious Order, the same employer for whom the applicant was working or stated he was intending to work when last granted leave.
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 considered to be valid for the purposes of this sub-category if:
(a) 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, and
(b) the Sponsor is an A-rated Sponsor, unless:
(1) the application is for leave to remain, and
(2) the applicant has, or was last granted, leave as a Tier 2 (Sportsperson) Migrant or a Qualifying Work Permit Holder, and
(3) the applicant is applying to work for the same employer named on the Certificate of Sponsorship or Work Permit document which led to his last grant of leave.
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) The endorsement referred to in (b) above must confirm that the player or coach is internationally established at the highest level whose employment will make a significant contribution to the development of his sport at the highest level in the UK, and that the post could not be filled by a suitable settled worker,
(d) intends to base himself in the UK, and
(e) 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 or rightful holder of a passport issued by a territory listed 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.
Table 15
| 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, unless the migrant is applying for leave to enter and has previously been granted leave to enter using the same Certificate of Sponsorship reference number,
(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,
(c) that reference number must not have been cancelled by the Sponsor or by the United Kingdom Border Agency since it was assigned, and
(d) the Sponsor is an A-rated sponsor, unless the application is for leave to remain and the applicant has, or was last granted, leave as a Tier 5 Migrant, an Overseas Government Employee or a Qualifying Work Permit Holder.
110. The migrant must not previously have applied for entry clearance or leave to remain using the same Certificate of Sponsorship reference number, regardless of whether that previous application was successful.
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:
(a) 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 UK Border Agency's published guidelines as being the Governing Body for the sport in question), and
(b) The endorsement referred to in (a) above must confirm that the player or coach is internationally established at the highest level and/or will make a significant contribution to the development of his sport at the highest level in the UK, and that the post could not be filled by a suitable settled worker.
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. Available points are shown in Table 16 below.
115. Notes to accompany Table 16 appear below that table.
Table 16
| Criterion | Points awarded |
|---|---|
| Confirmation of Acceptance for Studies | 30 |
Notes
115A. In order to obtain points for a Confirmation of Acceptance for Studies, the applicant must provide a valid Confirmation of Acceptance for Studies reference number.
Tier 4 Interim Limit
115B. The Secretary of State shall be entitled to limit the number of Confirmations of Acceptance for Studies allocated to any specific Sponsor in any one period.
115C. The limit on the number of Confirmations of Acceptance for Studies allocated to specific Sponsors shall be known as the Tier 4 Interim Limit.
115D. The Tier 4 Interim Limit will apply from 21 April 2011 to 5 April 2012 (inclusive) (the "Tier 4 Interim Limit Period").
115E. The Tier 4 Interim Limit will be applied to any Tier 4 Sponsor that does not satisfy both of the following criteria throughout the Tier 4 Interim Limit Period:
(i) has Highly Trusted Sponsor status; and
(ii) is subject to and holds a valid and satisfactory full institutional inspection, review or audit by one of the following bodies:
(a) the Bridge Schools Inspectorate; or
(b) the Education and Training Inspectorate; or
(c) Estyn; or
(d) Education Scotland; or
(e) the Independent Schools Inspectorate; or
(f) Ofsted; or
(g) the Quality Assurance Agency for Higher Education; or
(h) The Schools Inspection Service;
or is not:
(iii) an independent school;
(iv) the Foundation Programme Office;
(v) the Yorkshire and Humber Strategic Health Authority
(vi) a Tier 4 Sponsor that applied for a Tier 4 Sponsor licence on or after 21 April 2011 and meets the requirements of (ii) (but not (i)) above; or
(vii) an overseas higher education institution which has Highly Trusted Sponsor Status.
115F. A Tier 4 Sponsor who does not satisfy the requirements of paragraph 115E and is therefore subject to the Tier 4 Interim Limit is known as a Limited Sponsor.
115G. All Confirmations of Acceptance for Studies allocated by the Secretary of State to Limited Sponsors prior to 21 April 2011 and which have not been assigned to an applicant for entry clearance, leave to enter or leave to remain under Tier 4 prior to 21 April 2011 are withdrawn and the only Confirmations of Acceptance for Studies allocated to a Limited Sponsor are the Confirmations of Acceptance for Studies allocated in acccordance with paragraph 115H below.
115H. The Tier 4 Interim Limit will be calculated as follows:
(i) A Limited Sponsor who has that status as at 21 April 2011 will be allocated:
(a) where the Limited Sponsor had a Tier 4 Sponsor Licence for the entirety of the period 1 March 2010 to 28 February 2011, a number of Confirmations of Acceptance for Studies equal to the number assigned by that Limited Sponsor to Tier 4 Migrants which were used for an application which resulted in a grant of entry clearance, leave to enter or leave to remain, where both the assignment and grant of leave were between 1 March 2010 and 28 February 2011;
(b) where the Limited Sponsor had a Tier 4 Sponsor Licence for only part of the period 1 March 2010 to 28 February 2011, a number of Confirmations of Acceptance for Studies equal to:
(i) the number of Confirmations of Acceptance for Studies assigned by the Limited Sponsor to Tier 4 Migrants which were used for an application which resulted in a grant of entry clearance, leave to enter or leave to remain, where both the assignment and grant of leave were between 1 March 2010 and 28 February 2011;
(ii) multiplied by the appropriate factor to increase the figure in (i) until it is equal to the number of Confirmations of Acceptance for Studies that would have been assigned and granted in a period of 12 months;
(c) where the Limited Sponsor did not have a Tier 4 Sponsor licence during the period 1 March 2010 to 28 February 2011, a number of Confirmations of Acceptance for Studies equal to:
(i) the annual allocation the Limited Sponsor received when it was granted its Tier 4 Sponsor licence;
(ii) less 26% which is the average percentage of Confirmations of Acceptance for Studies assigned by Limited Sponsors which did not result in a grant of entry clearance, leave to enter or leave to remain, where both the assignment and refusal of leave were between 1 March 2010 and 28 February 2011;
(d) where the calculation in paragraphs (a) to (c) above results in 0 or a negative number, the Limited Sponsor will be allocated 0 Confirmations of Acceptance for Studies under the Tier 4 Interim Limit.
(ii) A Limited Sponsor who acquires that status after 21 April 2011 will be allocated a number of Confirmations of Acceptance for Studies:
(a) equal to the result of the calculation appropriate for the Limited Sponsor's circumstances as set out in 115H(i) above; and
(b) subject to a reduction equal to the number of Confirmations of Acceptance for Studies assigned by the Limited Sponsor to Tier 4 Migrants since 21 April 2011 which were used for an application which resulted in a grant of entry clearance, leave to enter or leave to remain since 21 April 2011.
115I. A Limited Sponsor will, on provision to the UK Border Agency of evidence that it meets the criteria set out in paragraph 115E above, be exempt from the Tier 4 Interim Limit from the date the UK Border Agency provides written confirmation that it is so exempt.
116. A Confirmation of Acceptance for Studies will only be considered to be valid if:
(a) it was issued no more than 6 months before the application 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 course of study as stated on the Confirmation of Acceptance for Studies,
(c) the Sponsor has not withdrawn the offer since the Confirmation of Acceptance for Studies was issued,
(d) it was issued by an institution with a Tier 4 (General) Student Sponsor Licence,
(da) where the application for entry clearance or leave to remain is for the applicant to commence a new course of study, not for completion of a course already commenced by way of re-sitting examinations or repeating a module of a course, the Sponsor must hold an A-rated or Highly Trusted Sponsor Licence,
(e) the institution must still hold such a licence at the time the application for entry clearance or leave to remain is determined
(ea) the migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Confirmation of Acceptance for Studies reference number where that application was either approved or refused (not rejected as an invalid application or withdrawn),
(f) it contains such information as is specified as mandatory in guidance published by the United Kingdom Border Agency, and
(g) if it was not issued for a course of studies, it was issued for a full-time, salaried, elected executive position as a student union sabbatical officer to an applicant who is part-way through their studies or who is being sponsored to fill the position in the academic year immediately after their graduation.
117. A Confirmation of Acceptance for Studies reference number will only be considered to be valid if:
(a) the number supplied links to a Confirmation of Acceptance for Studies Checking Service entry that names the applicant as the migrant and confirms that the Sponsor is sponsoring him in the Tier 4 category indicated by the migrant in his application for leave to remain (that is, as a Tier 4 (General) Student or a Tier 4 (Child) Student), and
(b) that reference number must not have been withdrawn or cancelled by the Sponsor or the UK Border Agency since it was assigned.
118. No points will be awarded for a Confirmation of Acceptance for Studies unless:
(a) the applicant supplies, as evidence of previous qualifications, specified documents that the applicant used to obtain the offer of a place on a course from the Sponsor unless the applicant is sponsored by a Highly Trusted Sponsor, is a national of one of the countries or the rightful holder of a qualifying passport issued by one of the relevant competent authorities, as appropriate, listed in Appendix H, and is applying for entry clearance in his country of nationality or in the territory related to the passport he holds, as appropriate, or leave to remain in the UK. The UK Border Agency reserves the right to request the specified documents from these applicants. The application will be refused if the specified documents are not provided in accordance with the request made; and
(b) for Confirmation of Acceptance for Studies assigned on or before 20 April 2011, one of the requirements in (i) to (vii) below is met:
(i) the Confirmation of Acceptance for Studies was assigned before 3 March 2010, or
(ii) the course is degree level study, or
(iii) the course is a foundation degree course, or
(iv) the course is a pre-sessional course before a degree-level course, or
(v) the applicant is a Government Sponsored student and the course is an English language course, or
(vi) the applicant is a national of one of the following countries:
Antigua and Barbuda
Australia
The Bahamas
Barbados
Belize
Canada
Dominica
Grenada
Guyana
Jamaica
New Zealand
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
United States of America, and provides the specified documents, or
(vii) the Confirmation of Acceptance for Studies Checking Service entry confirms that the applicant has a knowledge of English equivalent to level B1 of the Council of Europe's Common European Framework for Language Learning or above and:
(1) if the Confirmation of Acceptance for Studies was assigned before 12 August 2010, the applicant provides documents to support the Sponsor's assessment of his knowledge of English, or
(2) if the course of study stated on the Confirmation of Acceptance for Studies is an English language course, the applicant provides documents to support the Sponsor's assessment of his knowledge of English, or
(3) the applicant provides an original English language test certificate from an English language test provider approved by the Secretary of State for these purposes, which is within its validity date, and clearly shows:
i. the applicant's name,
ii. that the applicant has achieved or exceeded level B1 of the Council of Europe's Common European Framework for Language Learning in all four components (reading, writing, speaking and listening), unless exempted from sitting a component on the basis of the applicant's disability, and
iii. the date of the award, or
(4) the applicant has successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, where the student was granted permission stay whilst he was under 18 years old) which:
i. was at least six months in length, and
ii. ended within two years of the date the sponsor assigned the Confirmation of Acceptance for Studies.
(c) For Confirmation of Acceptance for Studies assigned on or after 21 April 2011, one of the requirements in (i) to (iii) below is met:
(i) the course is degree level study and the Confirmation of Acceptance for Studies has been assigned by a Sponsor which is a Recognised Body or a body in receipt of funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, or the Scottish Funding Council, and:
(1) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America, and provides the specified documents; or
(2) has obtained an academic qualification (not a professional or vocational qualification), which 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, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA, and provides the specified documents; or
(3) the applicant has successfully completed a course as a Tier 4 (Child) Student (or under the student rules that were in force before 31 March 2009, where the student was granted permission stay whilst he was under 18 years old) which:
i. was at least six months in length, and
ii. ended within two years of the date the sponsor assigned the Confirmation of Acceptance for Studies; or
(4) the Confirmation of Acceptance for Studies Checking Service entry confirms that the applicant has a knowledge of English equivalent to level B2 of the Council of Europe's Common European Framework for Language Learning in all four components (reading, writing, speaking and listening), or above.
Or
(ii) the course is degree level study and the Confirmation of Acceptance for Studies has been assigned by a Sponsor which is not a Recognised Body or is not a body in receipt of funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, or the Scottish Funding Council, and:
(1) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America, and provides the specified documents; or
(2) has obtained an academic qualification (not a professional or vocational qualification), which 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, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA, and provides the specified documents; or
(3) the applicant has successfully completed a course as a Tier 4 (Child) Student (or under the student rules that were in force before 31 March 2009, where the student was granted permission stay whilst he was under 18 years old) which:
i. was at least six months in length, and
ii. ended within two years of the date the sponsor assigned the Confirmation of Acceptance for Studies; or
(4) the applicant provides an original English language test certificate from an English language test provider approved by the Secretary of State for these purposes, which is within its validity date, and clearly shows:
i. the applicant's name,
ii. that the applicant has achieved or exceeded level B2 of the Council of Europe's Common European Framework for Language Learning in all four components (reading, writing, speaking and listening), unless exempted from sitting a component on the basis of the applicant's disability, and
iii. the date of the award.
Or
(iii) the course is for below degree level study and:
(1) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America, and provides the specified documents; or
(2) has obtained an academic qualification (not a professional or vocational qualification), which 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, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA, and provides the specified documents; or
(3) the applicant has successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, where the student was granted permission stay whilst he was under 18 years old) which:
i. was at least six months in length, and
ii. ended within two years of the date the sponsor assigned the Confirmation of Acceptance for Studies; or
(4) the applicant provides an original English language test certificate from an English language test provider approved by the Secretary of State for these purposes, which is within its validity date, and clearly shows:
i. the applicant's name,
ii. that the applicant has achieved or exceeded level B1 of the Council of Europe's Common European Framework for Language Learning in all four components (reading, writing, speaking and listening), unless exempted from sitting a component on the basis of the applicant's disability, and
iii. the date of the award.
119. If 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, unless the Sponsor is a Highly Trusted Sponsor. If this requirement is not met then no points will be awarded for the Confirmation of Acceptance for Studies, unless the Sponsor is a Highly Trusted Sponsor.
120. Points will only be awarded for a Confirmation of Acceptance for Studies assigned on or before 20 April 2011 (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 following minimum academic requirements:
i. for applicants applying to study in England, Wales or Northern Ireland, the course must be at National Qualifications Framework (NQF) Level 3 or above if the Sponsor is:
(aa) a Highly Trusted Sponsor; or
(bb) an A-rated Sponsor and the Confirmation of Acceptance for Studies was assigned on or before
30 April 2010; or(cc) an A-rated Sponsor with an application for Highly Trusted Sponsor status pending determination by the UK Border Agency and the Confirmation of Acceptance for Studies assigned on or before 20 April 2011 was assigned between 1 May 2010 and 30 June 2010; or
(dd) a B-rated Sponsor and the Confirmation of Acceptance for Studies was assigned on or before 5 April 2010; or
ii. for applicants applying to study in England, Wales or Northern Ireland, the course must be at National Qualifications Framework (NQF) Level 4 or above if the requirements at 120(a)(i)(aa) to (dd) are not met;
oriii. for applicants applying to study in Scotland, the course must be accredited at Level 6 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority if the Sponsor is:
(aa) a Highly Trusted Sponsor; or
(bb) an A rated Sponsor and the Confirmation of Acceptance for Studies was assigned on or before 30 April 2010; or
(cc) an A rated Sponsor with an application for Highly Trusted Sponsor status pending determination by the UK Border Agency and the Confirmation of Acceptance for Studies was assigned between 1 May 2010 and 30 June 2010; or
(dd) a B rated Sponsor and the Confirmation of Acceptance for Studies was assigned on or before 5 April 2010; or
iv. for applicants applying to study in Scotland, the course must be accredited at Level 7 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority if the requirements at 120(a)(iii)(aa) to (dd) are not met; or
v. the course must be a short-term Study Abroad Programme in the United Kingdom as part of the applicant's qualification at an overseas higher education institution, and that qualification must be confirmed as the same as a United Kingdom degree level by the National Recognition Information Centre for the United Kingdom (UK NARI C); or
vi. the course must be an English language course at level B2 or above of the Common European Framework of Reference for Languages; or
vii. the course may be an English language course at any level, where the applicant is a Government Sponsored student or the course is a pre-sessional course before a degree course; or
viii. the course may be an English language course at level A2 or above on the Common European Framework of Reference for Languages where the Confirmation of Acceptance for Studies was assigned before 23 July 2010; or
ix. the course must be a recognised Foundation Programme for postgraduate doctors or dentists.
(b) The course must, except in the case of a pre-sessional course, lead to an approved qualification as defined in sponsor guidance published by the United Kingdom Border Agency.
(c) Other 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.
(d) The course must meet one of the following requirements:
i. be a full time course of degree level study that leads to an approved qualification as defined in UKBA guidance;
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. be a full time course of study involving a minimum of 15 hours per week organised daytime study and, except in the case of a pre-sessional course, lead to an approved qualification, below bachelor degree level as defined in paragraph 120(a).
(e) If 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 except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course. Where the student is following a course of study below degree level study (excluding a foundation degree course), the course can only be offered if the Sponsor is:
(aa) a Highly Trusted Sponsor; or
(bb) an A-rated Sponsor and the Confirmation of Acceptance for Studies was assigned on or before 30 April 2010; or
(cc) an A-rated Sponsor with an application for Highly Trusted Sponsor status pending determination by the UK Border Agency and the Confirmation of Acceptance for Studies was assigned between 1 May 2010 and 30 June 2010; or
(dd) a B-rated Sponsor and the Confirmation of Acceptance for Studies was assigned on or before 5 April 2010.
120A. Points will only be awarded for a Confirmation of Acceptance for Studies assigned on or after 21 April 2011 (even if all the requirements in paragraphs 116 to 119 above are met) if the course in respect of which it is issued meets each of the following requirements:
(a) The course must meet the following minimum academic requirements:
i. for applicants applying to study in England, Wales or Northern Ireland, the course must be at National Qualifications Framework (NQF) / Qualifications and Credit Framework (QCF) Level 3 or above if the Sponsor is a Highly Trusted Sponsor; or
ii. for applicants applying to study in England, Wales or Northern Ireland, the course must be at National Qualifications Framework (NQF) / Qualifications and Credit Framework (QCF) Level 4 or above if the Sponsor is an A-Rated Sponsor or a B-Rated Sponsor; or
iii. for applicants applying to study in Scotland, the course must be accredited at Level 6 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority and the Sponsor must be a Highly Trusted Sponsor; or
iv. for applicants applying to study in Scotland, the course must be accredited at Level 7 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority if the Sponsor is an A-Rated Sponsor or B-Rated Sponsor; or
v. the course must be a short-term Study Abroad Programme in the United Kingdom as part of the applicant's qualification at an overseas higher education institution, and that qualification must be confirmed as the same as a United Kingdom degree level by the National Recognition Information Centre for the United Kingdom (UK NARIC); or
vi. the course must be an English language course at level B2 or above of the Common European Framework of Reference for Languages; or
vii. the course must be a recognised Foundation Programme for postgraduate doctors or dentists.
(b) The Confirmation of Acceptance for Studies must be for a single course of study except where the Confirmation of Acceptance for Studies is:
(i) issued by a Sponsor which is a Recognised Body or a body in receipt of funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, or the Scottish Funding Council to cover both a pre-sessional course of no longer than three months' duration and a course of degree level study at that Sponsor; and
(ii) the applicant has an unconditional offer of a place on a course of degree level study at that Sponsor; and
(iii) the course of degree level study commences no later than one month after the end date of the pre-sessional course.
(c) The course must, except in the case of a pre-sessional course, lead to an approved qualification as defined in the Tier 4 (Sponsor) guidance published by the UK Border Agency on the UK Border Agency website.
(ca) A course leading to an approved qualification must be offered by a Sponsor that, if approval at a specified level is required from a relevant awarding organisation, has that approval at the specified level, as set out in the UK Border Agency sponsor guidance published on the UK Border Agency website.
(d) Other than when the applicant is on a course-related work placement or a pre-sessional course, all study that forms part of the course must take place on the premises of the sponsoring educational institution or an institution which is a partner institution of the migrant's Sponsor.
(e) The course must meet one of the following requirements:
i. be a full time course of degree level study that leads to an approved qualification as defined in UKBA guidance;
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; or
iii. be a full time course of study involving a minimum of 15 hours per week organised daytime study and, except in the case of a pre-sessional course, lead to an approved qualification, below bachelor degree level as defined in the Tier 4 (Sponsor) guidance published by the UK Border Agency on the UK Border Agency website.
(f) If 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 except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course. Where the student is following a course of study below degree level study including a course-related work placement, the course can only be offered if the Sponsor is a Highly Trusted Sponsor.
120B. Points will only be awarded for a valid Confirmation of Acceptance for Studies assigned on or after 4 July 2011 (even if all the requirements in paragraphs 116 to 120A above are met) if the Sponsor has confirmed that the course for which the Confirmation of Acceptance for Studies has been assigned represents academic progress from previous study undertaken during the last period of leave as a Tier 4 (General) Student or as a Student, except where:
(i) the applicant is re-sitting examinations or repeating modules in accordance with paragraph 119 above, or
(ii) the applicant is making a first application to move to a new institution to complete a course commenced elsewhere.
Attributes for Tier 4 (Child) Students
121. An applicant applying for entry clearance or leave to remain as a Tier 4 (Child) Student must score 30 points for attributes.
122. Available points are show in Table 17 below.
123. Notes to accompany Table 17 appear below that table.
Table 17
| Criterion | Points awarded |
|---|---|
| Confirmation of Acceptance for Studies | 30 |
Notes
124. A Confirmation of Acceptance for Studies 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 application for entry clearance or leave to remain is made no more than 3 months before the start date of the course of study as stated on the Confirmation of Acceptance for Studies,
(d) the Sponsor has not withdrawn the offer since the Confirmation of Acceptance for Studies was issued,
(e) it was issued by an institution with a Tier 4 (Child) Student Sponsor Licence,
(f) the institution must still hold such a licence at the time the application for entry clearance or leave to remain is determined, and
(fa) the migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Confirmation of Acceptance for Studies reference number, if that application was either approved or refused (not rejected as an invalid application or withdrawn), and
(g) it contains such information as is specified as mandatory in guidance published by the United Kingdom Border Agency.
125. A Confirmation of Acceptance for Studies reference number will only be considered to be valid if:
(a) the number supplied links to a Confirmation of Acceptance for Studies Checking Service entry that names the applicant as the migrant and confirms that the Sponsor is sponsoring him in the Tier 4 category indicated by the migrant in his application for leave to remain (that is, as a Tier 4 (General) Student or a Tier 4 (Child) Student), and
(b) that reference number must not have been withdrawn or cancelled by the Sponsor or the UK Border Agency since it was assigned.
125A. Points will only be awarded for a Confirmation of Acceptance for Studies if the applicant:
(a) supplies, as evidence of previous qualifications, specified documents that the applicant used to obtain the offer of a place on a course from the Sponsor, or
(b) is sponsored by a Highly Trusted Sponsor, is a national of one of the countries or the rightful holder of a qualifying passport issued by one of the relevant competent authorities, as appropriate, listed in Appendix H and is applying for entry clearance in his country of nationality or in the territory related to the passport he holds, as appropriate, or leave to remain in the UK. The UK Border Agency reserves the right to request the specified documents from these applicants. The application will be refused if the specified documents are not provided in accordance with the request made.
126. 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), Education Scotland (Scotland) or Estyn (Wales),
(d) be provided as required by prevailing independent school education inspection standards.
(e) is a single course of study, except where the Confirmation of Acceptance for Studies is:
(i) issued by an independent school to cover both a pre-sessional course and a course at an independent school; and
(ii) the applicant has an unconditional offer of a place at the independent school; and
(iii) the duration of the pre-sessional course and period of study at the independent school does not exceed the maximum period of entry clearance or leave to remain that can be granted under paragraphs 245ZZB and 245ZZD of the Immigration Rules.