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Tier Visa

Tier visas are the most popular method for individuals who wish to come and work in the UK. Tier 1 and Tier 2 visas are the most common and are applicable to candidates who wish to obtain a visa based on work, employment or talent.

 

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How does the tier visa system work?

The British Immigration Tier system is a points based system that takes the persons test score into consideration when applying for a visa. The test will take various factors into consideration, dependent on which tier you are applying for.

  1. Tier 1 is for “high-valued migrants”
  2. Tier 2 is for “skilled workers”
  3. Tier 3 has been suspended.
  4. Tier 4 is for “adult students”, those over the age of 16
  5. Tier 5 is for “temporary workers”, specified as “creative and sporting, charity workers and religious workers”
You should know…

As of February 2020, you can no longer apply for:

  1. A Tier 1 (Entrepreneur) Visa
  2. A Tier 1 (Graduate Entrepreneur) Visa
  3. A Tier 1 ( Exceptional Talent) Visa

Instead, these have been replaced by the Global Talent visa, for leaders in arts, academic and digital technology.

See https://www.gov.uk/global-talent for details on the requirements for a Global Talent visa.

tier 1 & tier 2 visas

tier 1
  • Although there are Tier 1 visas that you can no longer apply for,  if you would like to start a business in the UK, you can still apply for a Tier 1 (Innovator) visa or a Tier 1 (Start-up) visa.
  • If you are on a Tier 1 (Graduate) visa, you may be able to switch over to a Tier 1 (Entrepreneur) Visa, depending on your eligibility requirements.
  • If you currently have a discontinued Tier 1 visa you can still apply to have your visa extended: It costs £1,277 to extend this visa and you must have invested into one or more UK businesses, either an amount of £200,000 or £50,000 in cash, depending on your initial application.

    You will need to prove that you are registered as a director, are self-employed, have created at least 2 full-time jobs or that you can continue to support yourself

    If you currently have a discontinued Tier 1 visa, your family can still join you in the UK:

    If you are on a discontinued Tier 1 visa, you can still apply for any dependants (your partner or children) to come and live with you in the UK.

tier 2

A Tier 2 visa, or General Work visa, is for those individuals who have been offered a skilled job in the UK. To be eligible for this, you need to be sponsored by a licensed sponsor.

How does it work?

The earliest you can apply for a visa is 3 months before you’re due to start work, and you can apply for different lengths of visa, from under 3 years to more than 3 years. The maximum stay you can have during a Tier 2 (General) visa is 5 years and 14 days.

When you apply for your visa, you must be able to show proof of:

  • Personal savings
  • Appropriate salary
  • Certificate of sponsorship

What difficulties might i encounter with my application?

  1. You’re unsure whether you meet the requirements for citizenship

-It’s not often clear to see if you qualify to become a citizen or not.

  1. You want to challenge the decision (or rejection) of your application

– A consultation with a lawyer will be able to highlight what issues there may have been in your application. However, if your application has been rejected for an unfair or odd reason, a legal representative will be able to challenge this and help you complete your application.

  1. English is not your first language, and you need a lawyer to complete your forms for you

-The application to become a citizen is complex enough without the difficulty of it being in a different language.

  1. You have a criminal record or a poor immigration history

-If you have previously had a visa application that was rejected, or if you have a history of criminal behaviour, you may need an immigration lawyer to represent you and help you complete the process.

5. Your case is particularly complex

-If your visa route has a high refusal rate, such as a spouse visa or an entrepreneurial visa, you may need a lawyer to help you with your complex case and to represent you.

how can a lawyer help with your Tier visa application?

As you can no longer apply for a Tier 1 (Entrepreneurial) Visa, there is obviously no application process. However, if you already have a Tier 1 (Entrepreneurial) visa, you can still apply to either extend the visa, to settle in the UK (ILR) or for your family members to come and join you in the UK. In all of these cases, a lawyer will be able to help you. You will need to gather your finances, any evidence or proof, fill in application forms and even take a British Culture test. A lawyer will be able to help you take off some of the weight, by organising and locating your evidence with you and preparing you for any interviews.

You can still apply for a Tier 1 (Investor) Visa, which also has many rigorous interviews and forms involved in the process.

For Tier 2 Visas, you are more likely to need a lawyer for the problems that you encounter during the application process. While a Tier 2 visa is the most popular option for those wanting to come to the UK to live and work, the refusal rate is significantly high. This is mainly down to an incorrect application, insufficient funds, criminal history or simply not being eligible.

A lawyer will be able to help you review any unsuccessful applications and edit them before you re-apply. They will also make sure that you are applying for the correct visa, and that your application is adequate enough to be submitted.

Need a lawyer to help you with your tier visa?

Get in touch today by giving us a few details and a brief outline of your matter, and we’ll put you in touch with an LGBT Lawyer.

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Please give us a few details and a brief outline of your matter, and we’ll put you in touch with an LGBT Lawyer.

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