UK Immigration

In 2008, the Point Based System (“PBS”) came into effect. Under the Point Based System all employment and student based visa applications must obtain a minimum level of points. The number of points needed will be determined by the type of the visa application.

Under the Point Based System, all visa applications must meet the Maintenance Requirement and knowledge of the English Language Requirement. The amount needed to meet the maintenance requirement will be determined by the location of the application at the time the application is made. The only visa that does not require knowledge of the English Language is the Tier 1 Investor Visa. This is where a non-EU national will invest at least £1 Million into the UK. Also, the Tier 1 Investor Visa does not have to meet the maintenance requirement.

Under Tier 1, there are four different types of self-sponsoring visas. They are:

• Tier1 PSW – Permits a person graduating from a UK Institution to remain in the UK for two years after receiving at least a Bachelor’s
• Tier 1 HSW – Permits a person to obtain a visa to the UK if the applicant is a highly skilled worker
• Tier 1 Entrepreneur – Permits a person to come to the UK if the applicant is going to invest a minimum of £200,000.
• Tier 1 Investor – Permits a person to come to the UK if the applicant is going to invest a minimum of £1 Million.

Tier 2 replaces the old Work Permit Scheme. For an employer to sponsor a non-EU national, it must have a Tier 2 Licence. To obtain the Tier 2 Licence, the employer must demonstrate that it is a real company. Furthermore, the Tier 2 Licence applicant must demonstrate that it has a HR System to prevent and detect illegal employment. Also, the employer must demonstrate that it will fulfil its duties and obligations as a Tier 2 Licence holder if it is granted the Tier 2 Licence.

Tier 3 is suspended.

Tier 4 replaces the old student visa scheme. Under Tier 4, an educational institution wishing to sponsor a non-EU student, must demonstrate that it is a legitimate educational institution. Furthermore, the non-EU student must demonstrate an ability to maintain himself.

Tier 5 is for Youth Mobility workers. Athletes, entertainers and religious workers wishing to come to the UK for a short period of time can also utilise this visa to come to the UK.

One of the most common ways foreign businesses expand into the UK is through the Sole Representative Visa. The sole representative visa enables a non-UK business to come into the UK to set up an office or place of business in the UK.

Some of the other visas we assist and advise our clients on are:

• A8 Nationals
• A2 Nationals
• Ancestry
• SAWS
• Family
• Citizenship

Miles Pierce advises individuals on Appeals. Miles Pierce will draft the initial Appeal petition, subsequent submissions before the hearing. Miles Pierce will represent the individual for the final hearing at the Asylum & Immigration Tribunal. Before the hearing, Miles Pierce will go through the hearing process and provide a mock hearing to fully prepare the client for the hearing.
 

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