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.