Tier 1 General

Tier 1 General category has been closed for initial applications and only those who were previously granted HSMP, writer, composer or artist, elf-employed lawyer or Tier 1 General can seek extension of their stay by making a Tier 1 General application.

The Tier 1 (General) category was previously known as Highly Skilled Migrant Programme (HSMP).  Those who have been previously granted HSMP leave will apply for extension of their HSMP leave by making a Tier 1 Gneneral application (unless they are eligible for settlement ). A Tier 1 General applicant is  initially granted 2 years leave and then on seeking extension of stay a further leave for three years is granted. An application for Indefinite Leave to Remain (ILR) as a Tier 1 General Migrant can be made to the Home Office on completion of five years under the Tier 1 (General) Migrant category. The applicants have to meet the Point Based System criteria for the Tier 1 General application to be successful. The points awarding areas include a person's age, education, UK experience, past earnings, English language and funds for maintenance.

Same Day Visa Service For Tier 1 General Application

We are registered with the Home Office Public Enquiry Office (PEO), Lunar House, Croydon to provide same day visa service for Tier 1 General applications. Our immigration lawyers can prepare and submit your application to the Home Office, PEO and get quick decision on the application. As Tier 1 General is a biometric category, you will have to attend the Home Office, Lunar House, Croydon with our legal representative on the day we will submit your application.

Dependants of Tier 1 General Migrant

A Tier 1 General Migrant is permitted to sponosr his dependants (children under 18 years of age, or your husband, wife, civil partner, or unmarried or same-sex partner) to join him in the UK if the dependents are living abroad.

You can apply for permission to stay here as the dependant of a highly skilled worker without having to leave the United Kingdom and apply for entry clearance if your last grant of entry clearance or permission to stay here was as the partner or child of:

• an innovator;
• a participant in the Fresh Talent: Working in Scotland Scheme;
• a participant in the International Graduates Scheme (or the previous Science and Engineering Graduates Scheme);
• a postgraduate doctor or dentist,
• a student;
• a student nurse;
• a student re-sitting an examination;
• a student writing up a thesis; or
• a work permit holder

The amount of funds for maintenance required for the application of the dependent will depend on whether or not the dependant is applying at the same time as the main applicant. For dependants who are not applying at the same time as the main applicant, the amount of funds required will depend upon whether or not the main applicant has already resided in the UK for at least 12 months. 

If the application for PBS dependent visa succeeds, the dependant will be given entry clearance, or permission to stay, subject to the following conditions:

• he/she must have no recourse to , which means he/she will be unable to claim most benefits paid by the state; andpublic funds
• he/she must register with the police, if paragraph 326 of the immigration rules requires him/her to do so.

Additionally, he/she must not work as a doctor in training unless he/she is in the United Kingdom and his/her last grant of entry clearance or leave to remain (permission to stay) was:

• as the spouse, civil partner, unmarried, or same-sex partner of a migrant given permission to stay under parts 3, 5 or 6 of the immigration rules; or
• as the partner of a highly skilled worker (provided that permission was not subject to a condition prohibiting employment as a doctor in training).

You can visit PBS Dependant Visa page for information about application for leave to enter (entry clearance) or leave to remain (extension of stay) as a PBS dependant.

Frequently Asked Questions (FAQs) About Tier 1 General Application

Q.1: Can I make an initial application for Tier 1 General Migrant Visa?

Answer: The Tier 1 General category was closed by the Home Office, UKBA for initial applications on 23 December 2010 for applications from outside the UK and on 5 April 2011 for applications from inside the UK. An initial application under Tier 1 General category cannot be submitted anymore after 5 April 2011 and only application for extension of stay can be made by those who are already on Tier 1 General visa, HSMP, writer, composer or artist, elf-employed lawyer visa.

Q.2: From where do I download the application form Tier 1 General to apply for extension of my Tier General leave?

Answer: You can download the application form Tier 1 General from the UKBA website. 

Q. 3: Who is eligible to apply for Tier 1 General? 

Answer: You can apply to extend your stay in the UK under Tier 1 (General) if you are already in the UK with permission to stay (known as 'leave to remain') in one of the following immigration categories:

• highly skilled migrant
• writer, composer or artist
• self-employed lawyer
• Tier 1 (General)
• Highly Skilled Migrant Programme (HSMP), if you are eligible to switch into Tier 1 (General).

If you are not in one of the categories above, you cannot apply to Tier 1 (General).

Q.4: How many points do I need to qualify for Tier 1 General?

Answer: Your total points score must be at least 95 points if you currently have permission to stay in the UK as:

• a Tier 1 (General) migrant under the Immigration Rules in place before ;19 July 2010
• a highly skilled migrant;
• a writer, composer or artist; or
• a self-employed lawyer.

If you are in any other eligible category, your total points score must be at least 100 points (unless you are covered by the HSMP Forum judicial review judgment).

Your total score must include 10 points for English language skills and 10 points for maintenance (funds).

Q.5: How can I calculate points for to assess my eligibility for Tier 1 General category?

Answer: You can use Home Office Points-Based Calculator to calculate how many points you will score.

Q.6: For how many months can I claim for my past earnings to claim points for my previous earnings?

Answer: Earnings must be made up of 12 consecutive months and must normally fall within the 15 months before your application.

You can claim points for a 12-month period outside the 15-month period if you have been away from the workplace for a time during the last 12 months on maternity or adoption-related absence.

You do not need to be in continuous employment during the 12-month period being assessed, so:

• you can claim for a period of earnings less than 12 months; and
• earnings do not have to be from a single employer and can be from full-time, part-time, temporary or short-term work.

Q.7: How can I convert my overseas earnings into pounds sterling (GBP)?

Answer: Earnings made overseas must be converted into pounds sterling so that Home Office can assess them. The exchange rate used is the one produced by OANDA. You should use the closing spot exchange rate on the OANDA website on the last day of the period for which you have claimed earnings in that currency.  

Q. 8: Can I use uplift ratios for my overseas earnings to apply for extension of my Tier 1 General visa?

Answer:  If you are already in the UK under Tier 1 (General) and you are applying to extend your stay, you cannot claim uplift ratios on any overseas earnings.

Q.9: What is the maximum period you can discount (do not need to count) for maternity or adoption-related absence?

Answer: If you have been on maternity or adoption leave for up to 12 months of the most recent 15-month period in which you have worked, you can discount (do not need to count) the period of maternity or adoption-related absence, maximum absence period is not more than 12 months.

Q.10: Within how many days I have to appeal against the refusal of my application for extension of Tier 1 General leave?

Answer: If your application for extension of your Tier 1 General visa has been refused by the Home Office, UKBA, you may have a right of appeal against the refusal of your application if you submitted your application before the expiry of your leave and you did not have a valid leave at the time of decision on your Tier 1 General application. Notice of appeal must be received by the 1st Tier Tribunal within 10 working days of the date of receipt of the refusal letter (if you are not detained). If you do not get right of appeal against the refusal of your Tier 1 General application, you can still challenge the refusal by way of Judicial Review in High Court. 

Q.11: What is the waiting time (processing time) for Tier 1 (General) application submitted from inside the UK?.

Answer:

• An in-country application for Tier 1 General visa submitted through our same day visa service is usually decided by the Home Office, Public Enquiry Office (PEO) within 24 hours.

• An in-country application for Tier 1 General visa submitted by post is decided according to the Home Office guidelines for processing of Tier 1 General applications

Q.12: What is the visa application fee for Tier 1 General application?

Answer: You can check the Home Office fee for Tier 1 General application from the Home Office, UKBA Website. 

If you are sending applications for your family members (known as dependants) at the same time as your own application, you can pay a reduced fee for your family members' applications by sending them with your own application in one envelope.

Q.13: When can I apply for ILR as a Tier 1 General Migrant?

Answer: A person who has spent continuous five years in the UK under Tier 1 General category can apply for Indefinite Leave to Remain as a Tier General Migrant. We provide same day visa service for Indefinite Leave to Remain (ILR) as a Tier 1 General Migrant. 

Why Choose Sunrise Solicitors For Your Tier 1 General Extension Application?

The immigration solicitors at Sunrise Solicitors are experts in dealing with Tier 1 General extension applications. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your extension of stay as a Tier 1 General Migrant and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your Tier 1 (General) application, we will do the following for you:

• Our immigration solicitors will take Detailed Instructions from you and advise you about the relevant immigration law and procedure to be adopted by the Home Office, UKBA in your Tier 1 (General) application

• Our immigration solicitors will discuss your Tier 1 (General) applicationimmigration case in detail with you and advise you about the weaknesses and strengths of your Tier 1 General application

• Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your Tier 1 (General) application.

• Our immigration solicitors will consider contents of the documentary evidence to be submitted in support of the application and discuss the same with you

• Our immigration solicitors will complete the relevant immigration form for Tier 1 (General) application and discuss the same with you

• Our immigration solicitors will prepare a covering letter to introduce and support your Tier 1 (General) application. If we are instructed for Same Day Visa Service, your Tier 1 (General) application will be submitted to the Home Office, PEO for same day consideration.

• Our immigration solicitors will liaise with the Home Office, UKBA for expeditious decision on your Tier 1 (General) application

• Our immigration solicitors will protect your interests while your application is pending with the Home Office and keep you informed of the progress on your immigration matter

• Our immigration solicitors will do all the follow up work including responding to any queries raised by the Immigration Officer until decision is reached on your Tier 1 (General) application

• Our immigration solicitors will advise you about the implications of the Home Office decision on your Tier 1 (General) application.
  

How Much We Charge For Tier 1 General Extension Application?

• We will charge you a fee from £900.00 + VAT for our professional immigration services in relation to your Tier 1 (General) application.

• Please be advised that VAT will not be applicable where our client does not have a valid leave to remain in the UK at the time of his/her instructions to us in relation to his/her application.

• If you cannot afford to pay our fee in full at the time of instructing us in relation to your Tier 1 (General) application, you can pay half of the fee at the time of instrucing us and the balance can be paid within a month from the date of initial instructions.

• The agreed fee will cover all our work until decision by the Home Office, UKBA on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee for the application, etc.