Personal Immigration

TIER 1 GENERAL HIGHLY SKILLED WORKER

TIER 1 GENERAL HIGHLY SKILLED WORKER VISA

The Tier 1 General category is now closed to new applicants from outside the UK, applicants seeking further leave to remain, applicants seeking indefinite leave to remain and to individuals in any other immigration category within the UK.

However, if your application for settlement as a Tier 1 General migrant has been refused, our immigration barristers can advise on the merits of challenging the decision.

What are the main eligibility requirements for ILR as a Tier 1 General migrant?

In order to qualify for indefinite leave to remain as a Tier 1 General migrant, you will need to satisfy UK Visas & Immigration that:

  • You have spent a continuous period of five years lawfully in the UK in a permitted category, of which the most recent period must have been spent with leave as a Tier 1 General migrant (if you received an HSMP approval letter issued on the basis of an application made before 3 April 2006 then the period may be 4 years);
  • You have not been absent from the UK for more than 180 days in any of the five consecutive 12 calendar month periods preceding the date of application, any absence was for a purpose consistent with your basis of stay (including paid annual leave) or for serious or compelling reasons and you can provide specified documents to evidence the reasons for the absences;
  • You qualify for either 75 points (if you have, or have had, leave under the Tier 1 General category before 19 July 2010; or if you are here as a Highly Skilled Migrant, a Writer, Composer or Artist, or Self-employed lawyer) or 80 points (in all other cases) for attributes (if you received an HSMP approval letter issued on the basis of an application made before 7 November 2006 then you need to demonstrate that you are economically active in the UK);
  • You have sufficient knowledge of the English language and about life in the UK; and
  • There are no general grounds for refusal (i.e. false representations or deception).

What else do I need to know about the Tier 1 General category?

The Tier 1 General category is now closed to new applicants from outside the UK, applicants seeking further leave to remain, applicants seeking indefinite leave to remain and to individuals in any other immigration category within the UK.

However, if your application for settlement as a Tier 1 General migrant has been refused, our immigration barristers can advise on the merits of challenging the decision.

How our immigration barristers can help

Our immigration barristers regularly assist points-based system migrants to settle in the UK.

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for indefinite leave to remain or professional assistance with challenging a decision to refuse to grant indefinite leave to remain as a Tier 1 General migrant, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to individuals as part of a professional and friendly service.

WE CAN ALSO ASSIST WITH

  • Applications for ILR on the basis of Long Residence

    If you are a non-UK national and have lived in the United Kingdom continuously and lawfully for 10 years, you may qualify for indefinite leave to remain (ILR) in the UK on the basis of Long Residence.

  • Administrative reviews and Judicial reviews for Tier 1 General migrants

    If your application for settlement as a Tier 1 General migrant has been refused, our immigration barristers can advise on the merits of challenging the decision.

    If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.

    If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our Settlement team on 0203 617 9173 or complete our enquiry form.

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