UK Immigration & Nationality Lawyers

Points-based system migrants

Under the Points-Based System, indefinite leave to remain is normally granted after 5 years’ continuous residence in the relevant category. Accelerated settlement is available for investors and entrepreneurs after three years or two years of residence, depending on the level of investment.

As all applicants for indefinite leave to remain, PBS migrants have to pass the Knowledge of Life in the UK test and meet the good character requirement.

Tier 1 (General)

The Tier 1 (General) route permits settlement after five years of continuous residence. Continuous residence may be a combined period in eligible categories:

  • as a Tier 1 (General) Migrant,
  • as a Highly Skilled Migrant,
  • as a Work Permit Holder,
  • as an innovator,
  • as a Self-Employed Lawyer,
  • as a Writer, Composer or Artist (these categories were closed after the introduction of the Points Based System),
  • as a Tier 2 (General), (Minister of Religion) or a Tier 2 (Sportsperson) Migrant, or
  • as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010.

There are three streams of applicants for indefinite leave to remain in this category: those who applied for Tier 1(General) visa before 6 April 2010, those who applied after this date, and those who benefit from the provisions of HSMP Judicial Review Policy Document.

Points scoring requirements vary between these three groups. Other requirements remain the same.

Tier 1 (Exceptional Talent)

The applicant must have lived continuously in the UK for 5 years as a Tier 1 (Exceptional Talent) migrant and there must be no opposition from the Designated Competent Body that originally endorsed their application for leave to remain.

See Tier 1 (Exceptional Talent) for more information on this category.

Tier 1 (Entrepreneur)

The changes introduced to the Immigration Rules in April 2011 allow Tier 1 (Entrepreneur) migrants to settle in the UK after three years of residence, if their business has created at least ten new jobs in the UK, or has had income of at least £5 million during the three year period.

Otherwise, Tier 1 (Entrepreneur) migrants can apply for settlement (or indefinite leave to remain) after five years of residence.

See Tier 1 (Entrepreneur) for more information on this category.

Tier 1 (Investor)

The changes introduced to the Immigration Rules in April 2011 allow an accelerated route to settlement for Tier 1 (Investor) migrants. Those investing £10 million or more may apply for settlement after two years; and those investing £5 million or more may apply after three years. Otherwise, Tier 1 (Investor) migrants can apply for settlement (or indefinite leave to remain) after five years of residence.

See Tier 1 (Investor) for more information on this category.

Tier 2 (General)

The applicant must have lived continuously in the UK for 5 years with the most recent period of leave as a Tier 2 (General) migrant.  The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must certify in writing that the applicant is still required for the employment in question.  The Sponsor should also state that the applicant is paid at the appropriate rate for the job as stated in the codes of practices for Tier 2 Sponsors.

See Tier 2 (General) for more information on this category.

Tier 2 (Intra Company Transfer)

The applicant must have lived continuously in the UK for 5 years with the most recent period of leave as a Tier 2 (Intra Company Transfer) migrant.  The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must certify in writing that the applicant is still required for the employment in question.  The Sponsor should also state that the applicant is paid at the appropriate rate for the job as stated in the codes of practices for Tier 2 Sponsors.

2014 Kadmos Consultants / Sitemap / Privacy / Disclaimer / Terms Of Use

Design by Boshanka

Speak to a UK Immigration Lawyer! Call +44 (0) 208 930 9503 or send us a message
Complete the form and one of our UK immigration lawyers will be in touch.
Send