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Tier 1
This tier replaced the Highly Skilled Migrant Programme and is the only tier which does not require the individual to be sponsored by an employer or have a job offer in order to enter or remain in the UK. Individuals applying under this tier have the very highest level skills and therefore the most to contribute to the UK’s growth, productivity and economy.
The criteria for Tier 1 migrants includes qualifications, previous earnings, prior UK experience and earnings, age (bonus points will awarded where the applicant is less than 32 years of age). Applicants must also pass a mandatory English Language test.
Tier 1 will also be a route to settlement in the UK, with individuals being permitted to bring dependents to the UK, initially for period of 2 years.
Tier 2 - Skilled Workers with a Job Offer
Those applying under Tier 2 must have a job offer from an employer in the UK. In order to offer a job to a non EU resident UK employers must be registered for sponsorship with the UK Borders Agency. Further details on sposorship can be found on our sponsorship page.
Employers can only sponsor non EU residents in one of two areas - either the role must be covered by the National Shortage Occupation List (updated regularly by the UK Borders Agency, the current version of which can be downloaded here), or the employer must pass the Resident Labour Marker Test which sets out the minimum criteria for advertising the role and states that the role must be paid at the relevant market rate of pay and require at least an NVQ Level 3.
Tier 3 - Ltd numbers of Low Skilled Workers for Temporary Labour Shortages
Tier 3 is currently suspended.
Tier 3 will enable employers to recruit low numbers of low skilled workers for specified temporary periods. It will be quota-based and employer-led, with strict time limits controlling the length of stay of individuals. This is another category where the individual will require sponsorship from a Home Office approved sponsor.
The government expects employers to recruit form within the UK and EU before recruiting outside. Therefore this tier is likely to enable employers to recruit to fill skill gaps and shortages as identified by the Skills Advisory Board and is likely to be categorised by short-term low skill needs.
Tier 4 - Students
This tier will give overseas students a simpler route for entry to UK educational establishments. Students will require a sponsorship certificate from a Home Office approved sponsor at the establishment offering the student a place to study. Further, the institution in question must be an accredited learning provider. Leave to enter to UK will be based around the length of the specified course with a reasonable time after to attend graduation ceremonies.
The official guidance on how Tier 4 will be implemented can be downloaded from here.
Tier 5 - Youth & Temporary Workers
Tier 5 has 6 sub-categories under which individuals can apply, each with its own set of rules and eligibility criteria:
- Temporary Workers - Creative & Sporting
- Temporary Workers - Charity
- Temporary Workers - Religious
- Temporary Workers - Geovernment Authorised Exchange
- Temporary Workers - International Agreement
- Youth Mobility Scheme
Employers seeking to sponsor someone under Tier 5 can find more details on the various criteria, etc at the UKBA website. |
