Points Based System

'Tier 1'.

This is for the 'Highly Skilled' category. This allows the applicant to stay in the UK for an initial 2 year period and then renew for a further 3 years. It is a good category as it allows flexibility in work roles both for the individual and the company, as applicants are not restricted to a specific role. It is also attractive as there is not a sponsorship required. The applicant must have a Degree and be highly paid, a younger age is also an advantage. Accompanying spouse and children are allowed under this category.

There are also three other categories in tier 1:

• 'Entrepreneur'. This is for those who are setting up or taking over a business.

• 'Investor'. This is for people wishing to Invest in the UK and gain a visa to oversee their investment

• ‘Post Study Work’. This is for graduates who have studied in the UK and replaces the 'Fresh Talent Working in Scotland Scheme', the 'International Graduate Scheme 'and the 'Science and Engineering Graduate Schemes'.

‘Tier 2’.

This replaces the ‘Work Permit’ category previously in place and requires Businesses to be registered as Sponsors with the UKBA. EMS Visa can assist Businesses with applications for Sponsorship as well as the Management issues that are needed for the ongoing certification by the UKBA.

There are various types of Tier 2 application these are listed below. Applicants will need to have a Certificate of Sponsorship issued by the company.

• 'Tier 2 General': This Category as the name suggests is for applicants who are wishing to come to switch categories or extend their stay in the UK.
  Under this a resident labour market test is required you must have either:
  1. Advertised the position in specified media for an appropriate time and salary.
  2. Be an occupation on the shortage list for occupations
  Under this category the applicant will need to gain a total of 70 overall to qualify
  This category will lead to permanent residence.

• 'Tier 2 Intercompany Transfer': This category is for applications by companies sending employees from other branches around the World to the UK there are three possible types of transfer
  1. 'Long Term Employees.' These are employees who have been with the company 12 months.
  2. 'Recent Graduate Category' is for applicants that have been with the company for 3 months so they can get experience in another office for 3-6 months
  3. Knowledge Transfer'. This category is as the name suggests to transfer knowledge from overseas offices to the UK. 

• 'Other categories': Spousal applications this is for Spouses of UK citizens, applicants will need to show that they are married or have evidence of cohabitation for 2 years or more. Spousal applications this is for Spouses of UK citizens, applicants will need to show that they are married or have evidence of cohabitation for 2 years or more.