Part 6A - Points-based system
Tier 1 (General) Migrants
245AA. Documentary evidence
(a) Where Part 6A or Appendices A to C, or E of these Rules state that specified documents must be provided, that means documents specified by the Secretary of State in Tier 1 of the Points Based System Policy Guidance as being specified documents for the route under which the applicant is applying. If the specified documents are not provided, the applicant will not meet the requirement for which the specified documents are required as evidence.
(b) If the Entry Clearance Officer or Secretary of State has reasonable cause to doubt the genuineness of any document submitted by an applicant which is, or which purports to be, a specified document under Part 6A or Appendices A to C, or E of these Rules and having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of this application.
245A. Purpose
This route is for highly skilled migrants who wish to work, or become self-employed in the UK.
245B. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (General) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as a Tier 1 (General) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) DELETED.
(b)The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(c) The applicant must have a minimum of 75 points under paragraphs 1 to 31 of Appendix A.
(d) The applicant must have 10 points under Appendix B.
(e) The applicant must have 10 points under Appendix C.
(f) An applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:
(i) as a Highly Skilled Migrant,
(ii) as a Tier 1 (General) Migrant,
(iii) as an Innovator,
(iv) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(v) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(vi) as a Postgraduate Doctor or Dentist,
(vii) as a Student,
(viii)as a Student Nurse,
(ix) as a Student Re-Sitting an Examination,
(x) as a Student Writing-Up a Thesis,
(xi) as a Work Permit Holder,
(xii)as a Businessperson,
(xiii)as a Self-employed Lawyer,
(xiv)as a Tier 1 (Entrepreneur) Migrant,
(xv) as a Tier 1 (Investor) Migrant,
(xvi)as a Tier 1 (Post-Study Work) Migrant, or
(xvii)as a Writer, Composer or Artist.
(g) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the written consent of the sponsoring Government or agency to the application.
245D. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years.
(b) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant,
(ii) for a period of 3 years, to any other applicant.
(c) Entry clearance and leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training, unless the applicant:
(1) is in the UK and has, or has last been granted, entry clearance, leave to enter or remain as a Highly Skilled Migrant provided that grant was not subject to a condition prohibiting Employment as a Doctor in Training), as an Innovator or as a Postgraduate Doctor or Dentist,
(2) is in the UK and has, or has last been granted, entry clearance or leave to remain as a Tier 1 (General) Migrant and that grant was not subject to a condition prohibiting Employment as a Doctor in Training, or
(3) has submitted with this application a valid Highly Skilled Migrant Programme Approval Letter, where the application for that approval letter was made on or before 6 February 2008.
245E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an Innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist.
(c) The applicant must be economically active in the UK, in employment or self-employment or both.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
245F. Transitional arrangements
This paragraph makes special provision for applicants who on 29 February 2008 are in the UK, or on 1 April 2008 are in India, and who are in the process of applying to become a Highly Skilled Migrant. It will also be relevant to applicants who have, or have last been granted, leave to remain as a Highly Skilled Migrant, who are Self-Employed, and who fall within subparagraph (c) below.
(a) If an applicant has made an application for entry clearance in India as a Highly Skilled Migrant before 1 April 2008, and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 31 March 2008 as set out in Appendix D.
(b) If an applicant has made an application for limited leave to remain as a Highly Skilled Migrant before 29 February 2008, and the application has not been decided before that date, it will be decided in accordance with these Rules in force on 28 February 2008 as set out in Appendix D.
(c) If an applicant has made an application in India for entry clearance on or after 1 April 2008, or has made an application in the UK for limited leave to remain on or after 29 February 2008, and has submitted with that application a valid Highly Skilled Migrant Programme Approval Letter, the applicant will be automatically awarded 75 points under Appendix A and 10 points under Appendix B.
(ca) If an applicant has made an application other than in India for entry clearance on or after 30th June 2008, and has submitted with that application a valid Highly Skilled Migrant Programme Approval Letter, the applicant will be automatically awarded 75 points under Appendix A and 10 points under Appendix B.
(d) A Self-Employed applicant who has, or was last granted, leave to enter or remain as a Highly Skilled Migrant which was granted in accordance with the immigration rules in force on or before 8 November 2006 will be granted leave to remain as a Tier 1 (General) Migrant if the requirements below are met. If these requirements are not met, the applicant will not qualify for leave under this transitional provision.
Requirements:
(i) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(ii) The applicant must have, or have last been granted, entry clearance, leave to enter or remain as a Highly Skilled Migrant which was granted in accordance with these Rules in force on or before 8 November 2006.
(iii) The applicant must have become Self-Employed in the UK whilst having leave as a Highly Skilled Migrant, and must provide the specified documents.
(iv) The applicant must have been Self-Employed for at least 4 months prior to the date the current application for leave to remain was made, and the specified documents must be provided.
(v) The applicant must have ongoing business commitments for at least 6 months after the date the current application for leave to remain was made, and the specified documents must be provided.
(vi) The applicant must have 10 points under Appendix B.
(vii) The applicant must have 10 points under Appendix C.
If the requirements above are met, leave to remain as a Tier 1 (General) Migrant will be granted for a period of 3 years, subject to the conditions in paragraph 245D(c) above.
245G. DELETED
Tier 1 (Entrepreneur) Migrants
245H. Purpose of this route and meaning of business
(a) This route is for migrants who wish to establish, join or take over one or more businesses in the UK.
(b) For the purpose of paragraphs 245G to 245N and paragraphs 32 to 41 of Appendix A 'business' means an enterprise as:
(i) a sole trader,
(ii) a partnership, or
(iii) a company registered in the UK.
245I. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Entrepreneur) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245J. Requirements for entry clearance
To qualifty for entry clearance as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets those requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 75 points under paragraphs 32 to 41 of Appendix A.
(c) The applicant must have a minimum of 10 points under Appendix B.
(d) The applicant must have a minimum of 10 points under Appendix C.
245K. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over.
245L. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Entrepreneur) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have a minimum of 75 points under paragraphs 32 to 41 of Appendix A.
(c) The applicant must have a minimum of 10 points under Appendix B.
(d) The applicant must have a minimum of 10 points under Appendix C.
(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:
(i) as a Highly Skilled Migrant,
(ii) as a Tier 1 (General) Migrant,
(iii) as a Tier 1 (Entrepreneur) Migrant,
(iv) as a Tier 1 (Investor) Migrant,
(v) as a Tier 1 (Post-Study Work) Migrant,
(vi) as a Businessperson,
(vii) as an Innovator,
(viii)as an Investor,
(ix) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(x) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(xi) as a Postgraduate Doctor or Dentist,
(xii) as a Self-employed Lawyer,
(xiii)as a Student,
(xiv)as a Student Nurse,
(xv) as a Student Re-sitting an Examination,
(xvi)as a Student Writing Up a Thesis,
(xvii)as a Work Permit Holder, or
(xviii)as a Writer, Composer or Artist.
(f) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the written consent of the sponsoring Government or agency to the application.
245M. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant,
(ii) for a period of 3 years, to any other applicant.
(b) Leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment, other than working for the business or businesses which he
has established, joined or taken over.
245N. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant mustmeet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E-33F of
these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be engaged in business activity at the time of his application and the applicant must provide specified evidence to show this.
(c) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant, and the rest may be made up of leave:
(i) as a Tier 1 (Entrepreneur) Migrant,
(ii) as a Businessperson,
(iii) as an Innovator.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
Tier 1 (Investor) migrants
245O. Purpose
This route is for high net worth individuals making a substantial financial investment to the UK. 245P. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Investor) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245Q. Requirements for entry clearance
To qualify for entry clearance or leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 75 points under paragraphs 42 to 50 of Appendix A.
245R. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training.
245S. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have a minimum of 75 points under paragraphs 42 to 50 of Appendix A.
(c) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:
(i) as a Highly Skilled Migrant,
(ii) as a Tier 1 (General) Migrant,
(iii) as a Tier 1 (Entrepreneur) Migrant,
(iv) as a Tier 1 (Investor) Migrant,
(v) as a Tier 1 (Post-Study Work) Migrant,
(vi) as a Businessperson,
(vii) as an Innovator,
(viii) as an Investor,
(ix) as a Student,
(x) as a Student Nurse,
(xi) as a Student Re-Sitting an Examination,
(xii) as a Student Writing Up a Thesis,
(xiii) as a Work Permit Holder, or
(xiv) as a Writer, Composer or Artist.
(d) An applicant who has, or was last granted, leave as a Student and:
(i) is currently being sponsored by a government or international scholarship agency,
or(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the written consent of the sponsoring Government or agency to the application.
245T. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Investor) Migrant,
(ii) for a period of 3 years, to any other applicant.
(b) Leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training.
245U. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (Investor) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (Investor) Migrant, and the rest may be made up of leave:
(i) as a Tier 1 (Investor) Migrant,
(ii) as an Investor.
(c) The applicant must have maintained the investment referred to in Table 8 of Appendix A throughout the period of 5 years referred to in subparagraph (b) above other than in the first 3 months of that period and, in relation to time spent with leave as a Tier 1 (Investor) Migrant, the applicant must provide specified documents to show that this requirement has been met.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
Tier 1 (Post-Study Work) migrants
245V. Purpose
The purpose of this route is to encourage international graduates who have studied in the UK to stay on and do skilled or highly skilled work.
245W. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Post-Study Work) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245X. Requirements for entry clearance
To qualify for entry clearance as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant.
(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.
(d) The applicant must have a minimum of 10 points under Appendix B.
(e) The applicant must have a minimum of 10 points under Appendix C.
245Y. Period and conditions of grant
Entry clearance will be granted for a period of 2 years and will be subject to the following conditions:
(a) no recourse to public funds,
(b) registration with the police, if this is required by paragraph 326 of these Rules, and
(c) no Employment as a Doctor in Training.
245Z. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. Subject to paragraph 245ZA(i), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) migrant.
(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.
(d) The applicant must have a minimum of 10 points under Appendix B.
(e) The applicant must have a minimum of 10 points under Appendix C.
(f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(ii) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(iii) as a Student,
(iv) as a Student Nurse,
(v) as a Student Re-Sitting an Examination, or
(vi) as a Student Writing Up a Thesis.
(g) An applicant who has, or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme must be a British National (Overseas), British overseas territories citizen, British Overseas citizen, British protected person or a British subject as defined in the British Nationality Act 1981.
(h) An applicant who has, or was last granted, leave as a Student and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the written consent of the sponsoring Government or agency to the application.
245ZA. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of the difference between 2 years and the period of the last grant of entry clearance, leave to enter or remain , to an applicant who has or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme, as a Participant in the International Graduates Scheme (or its predecessor the Science and Engineering Graduates Scheme). If this calculation results in no grant of leave then leave to remain is to be refused;
(ii) for a period of 2 years, to any other applicant.
(b) Leave to remain under this route will be subject to the following conditions:
(i) no access to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training unless the applicant has, or has last been granted, entry clearance, leave to enter or remain 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.
