The UK is a very popular destination for people wanting to live and work in a new country. However, the UK's immigration system is complex. Since 2008, most work-related visa applications, as well as many study visa applications, have been made through a five tier, points-based system. In the year to April 2014, a total of 560,000 immigrants arrived in the UK. India is the second highest country represented in terms of arrivals, leaving behind Poland, US and Australia.
Point-based Immigration System:
The points-based immigration system is the means of regulating immigration to the United Kingdom from outside the European Economic Area (EEA). In UK, the system was first introduced in February 2008.It is composed of five "tiers". The system is administered by the UK Border Agency. The Point based system tool is used to calculate how many points a person may get, and indicates whether he/she will be eligible to work or study in the UK under the points-based system.
The points-based system only applies to people who are moving to the UK from outside the European Union (EU). Because the UK is a member of the EU, there is freedom of movement across the UK, barring temporary restrictions for some new member states. They also enjoy the freedom to work as well and need not apply for work Visa to work in the UK. The EEA includes all EU states plus Iceland, Liechtenstein and Norway and, for immigration purposes, Switzerland.
The new system contains a lengthy list of sub-tiers of migrant, but broadly they are classed as one of four 'tiers'. Tier 3 was intended to be a pathway for unskilled immigrants, but after the system began operating the British government decided there was no need for further unskilled immigration from outside the EU. A strong supply of labor from the EEA members has meant it has never been.
Each tier offers its own allocation of points for specific 'attributes'. The main visas currently open to new applicants are
Tier 1: High value migrants
The UK Business Visa category includes flexible visa types that permit successful business people and their families to carry out business in the United Kingdom. These visas can lead to UK permanent residence and British Nationality.
- Tier 1 (Entrepreneur) is for successful business people to set up or take over and be actively involved in the running of a business in the UK. A person at least needs £50,000 to invest in UK.
- Tier 1 (Investor) attracts high net worth individuals and encourages them to make a substantial financial investment in the UK. They at least have to invest £1m in a UK investment opportunity.
- Tier 1 (Graduate Entrepreneur) Graduate Entrepreneur gives highly skilled workers the opportunity to come to the UK without a job offer to live and work. This route is open to applicants who are already in the UK and want to extend their visas may apply. They need to be endorsed by UK universities. Cap Limited to 2,000 a year.
- Tier 1 (Exceptional Talent) Only open to truly exceptional people working in the arts and sciences. Limited to 1,000 a year.
For each of the groups in tier 1, a person earns points according to their English language ability, capacity to support oneself financially, age & previous experience criteria. The admission of migrants who possess "exceptional talent"- that is, who are acknowledged to be world leaders in their fields - is capped at 1000 per year.
For Entrepreneur, apart from Tier 1 visa there are also other visas viz;
Sole Representative Visa: The Sole Representative visa allows a representative of an overseas company to set up a branch or subsidiary in the UK. It also allows for the long-term assignment of news or media staff in the UK.
Business Visitor Visa: A Business visitor visa is for people who want to come to the UK for a short business trip.
Tier 2 Skilled workers
The UK Work Visa categories are designed to attract skilled professionals from all industries to occupy key positions.
- Tier 2 (General) allows those with a job offer from a UK-based organization to live and work in the UK as a sponsored worker. The job on offer must be one that cannot be filled by a worker already resident in the UK. Since 2011, there has been a cap of 20,700 visas that can be issue in this category every year unless the immigrant earns more than £150,000.
- Tier 2 (Intra company transfer) allows those with an offer of transfer to live and work in the UK as a sponsored worker. Applicants must have a valid certificate of sponsorship from their employer.
- Tier 2 (sportsman) visas allows internationally established sportspersons and coaches to live and work in the UK as a sponsored worker.
- Tier 2 (minister of religion) for missionaries, monks, ministers of religion and the like.
A person must have a specific job offer in order to apply for entry under tier 2, and reach a total of 70 points. By far the easiest means of meeting that target is by having a job on the 'Shortage Occupation List', such as chief executive officer of a major company, biochemist, engineer or medical practitioner. Such an occupation earns person 50 points, to be topped up by other factors including age and experience.
Tier 4 Students
- Tier 4 student visas are for students at UK educational institutions. While studying, some students are allowed to work for up to 20 hours per week during term time and full time during the holidays.
Tier 5 Temporary workers
- Youth mobility scheme. This visa allows 18 - 30 year olds from participating countries an opportunity to holiday and work in the UK for up to two 2 years. Participating countries includes Australia, Canada, Japan, New Zealand, Monaco or Taiwan.
- Creative and sporting. Artists, performers and sportspeople of international caliber can come to work in the UK
- Charity and religious workers. For missionaries and unpaid charity workers
- Government authorized exchange. For people coming under government-approved schemes aimed at the sharing of knowledge, experience and best practice.
- International agreement. For people coming to the UK under contract to do work covered by international agreements, employments of international governments and private servants in diplomatic households.
Permanent Residency- ILR
If a person have unlimited leave to remain in the UK and is free from immigration control than the person is known as permanent resident of the United Kingdom. For foreign nationals to become UK permanent resident they need to apply for permission to settle in the UK also known as Indefinite
Leave to Remain (ILR).
If a person has lived in the UK for a certain period of time (2-14 years), have already shown a commitment to the UK on a temporary visa than the person will be able to apply for permanent UK residency, depending on the category of visa they have. Five years of continuous residence in the UK in case of Highly Skilled Migrant or work permit holder, under Tier 1 or Tier 2 respectively of the new Points Based System, is required to become ILR. Two years in UK as a spouse, incase foreigner is married to the UK citizen. As of 02 April 2007, persons requesting ILR will be required to take the "Life in the UK" test.
Once permanent residence has been granted, there are no longer any immigration related restrictions on the work or business an immigrant may do in the UK, and no time limits on their stay in the UK. Unlike people with Limited Leave to Remain (LTR) in UK, ILR holders do have access to public funds. The wordings "No recourse to public funds" is not written in ILR visas. As a result, they are able to claim job seekers allowances and other benefits which are usually available to UK citizens. But during being PR tenure, person should not spend longer than 2 years outside the UK, ties to the UK should be maintain and should consider the UK as a home. If short periods of time continue to spend outside the UK over many years then it is likely that there will come a time when a person will lose ILR. It is therefore beneficial in most cases to apply for UK citizenship. You can normally apply for naturalization as an UK citizen one year after being granted ILR and as long as you meet the residence requirements.
UK Citizenship
Naturalization can be applied in one of the following two categories to become citizen of UK:
- Naturalization after six years in the UK
- Naturalization after three years in the UK as a spouse of an UK Citizen
The UK immigration system is subject to frequent changes which makes navigating it a difficult and time-consuming process. You may have to wait months for your UK visa application to be processed by the UK Border Agency, or spend the whole day at a UK Border Agency office only to find that you do not have all the relevant documentation. Legato.com puts you in touch with professionals who understand how immigration works internationally and can thus guide your through these procedures effortlessly.