Tier 1 (General) of the points-based system Policy...

Tier 1 (General) of the points-based system Policy guidance This document contains guidance to our policy on Tier 1 (General) of the points-based system to work, train or study in the United Kingdom. Maintenance (funds) requirement: We have made transitional arrangements for proving maintenance (funds) for applicants and their family members who make applications up to and including 29 June 2008. You can find details of these on the last page of this document. Qualifications and UK experience requirement: We have made transitional arrangements for establishing the level of a professional qualification that is not included on the self-assessment tool. You can find details of these on the last page of this document.

Tier 1 (General) of the Points Based System –

Policy Guidance

TIER 1(GENERAL)

Tier 1 (General) page 2 of 25

Contents

Section Paragraph Introduction 1 GENERAL GUIDANCE FOR PBS APPLICANTS Self-Assessment 4Documentary evidence in support of applications for the Points Based System (PBS) 9Verification and Other Checks 13Sponsored Students 33 TIER 1 (GENERAL) OVERVIEW OF TERMS AND CONDITIONS Overview of Terms and Conditions 39 TIER 1 (GENERAL) – POINTS SCORING 40Points Scoring Requirements Transitional Arrangements for Applicants making an Initial Application 43 ATTRIBUTES Date of Application 49Qualifications 50Previous Earnings 66UK Experience 115Age 135Transitional Arrangements for existing Highly Skilled Migrants – Extension Applications 147 ENGLISH LANGUAGE REQUIREMENT English Language Assessment 157 MAINTENANCE Maintenance Requirement 188 ANNEXES Previous Earnings Uplift Conversion Rates Annex AAcceptable English Language Tests Annex B


INTRODUCTION

1. This document provides policy guidance on Tier 1 (General) of the Points Based System (PBS). Please note that it reflects current policy at the current date and may be subject to change. It should be read in conjunction with paragraphs 245A to 295K of the Tier 1 (General) Immigration Rules.

2. Applications from migrants in the UK who wish to enter or remain in the United Kingdom (UK) under Tier 1 (General) of the PBS should be made on application form Tier 1 (General).

3. Please note that this application form and general information on the PBS is available on the UK Border Agency (hereafter referred to as the ‘Agency’) website at www.ukba.homeoffice.gov.uk.


GENERAL GUIDANCE FOR PBS APPLICANTS

Self-Assessment

4. The Agency has provided an on-line tool which enables applicants to self-assess their applications to determine whether or not they would be likely to score the necessary points for an application to be successful.

5. The Self Assessment Tool is available on the Agency website (www.ukba.homeoffice.gov.uk).

6. Applicants are able to enter details of their age, qualifications, previous earnings and experience in the UK. The Self Assessment Tool will then calculate the potential points that would be awarded for the Attributes section of the points scoring assessment. They can also then enter details of their English language ability and whether they have sufficient funds to maintain themselves in the UK.

7. The Self Assessment Tool will provide a summary of the information applicants enter, the points awarded for each section and the overall score.

8. This must include: Under Tier 1 (General), initial entrants must score:

• at least 75 points for Attributes (Appendix A of the Immigration Rules); and

• 10 points for English Language (Appendix B of the Immigration Rules); and

• 10 points for Maintenance (Funds) (Appendix C of the Immigration Rules).

Disclaimer

The results of this tool show your possible points score should you wish to apply, and do not guarantee a successful application. The Agency makes a decision following receipt of your full application and supporting evidence.

Documentary evidence in support of applications for the Points Based System (PBS)

9. The applicant must ensure that all of the necessary supporting documentation is provided at the time the application is submitted. Where the immigration rules state that specified documents must be provided, only those documents set out in this document will be considered acceptable.

10. If the applicant does not provide the specified documents, then the Assessing Officer will not contact applicants to request the required documents. Therefore, failure to submit the specified documents may lead to refusal of the application.

11. Any documentary evidence that the applicant provides should be original (unless otherwise stipulated).

12. The applicant must be selective in submitting evidence, as sending large amounts of irrelevant or poor quality documentation may delay the consideration of the application. It is only necessary to submit evidence that is directly appropriate to the application as requested, as unrelated evidence will not be considered for points scoring.

Verification and Other Checks

13. The Agency aims to consider applications quickly. However, the Agency must also be confident that applications meet the Immigration Rules, and that the statements and information provided are a true reflection of the applicant’s background.

14. The Agency will ask for a variety of verifiable documents to enable the consideration of the application.

15. The Agency may seek to check supporting documents submitted with the application. Therefore, the applicant must ensure that all evidence provided is from a clear source and can be independently confirmed as being genuine.

16. There are two situations in which the Agency will undertake a check:

• Verification checks – where the Assessing Officer has reasonable doubts that the documents are genuine;

• Other checks – where the Assessing Officer carries out further checks, for example:

o Allegations – where an allegation has been received that an applicant has made a false application;

o Additional checks – where the Assessing Officer has doubts about an application or the documents submitted with the application but these are not sufficient to undertake a verification check.

Verification Checks

17. Where the Agency has reasonable doubts that a document is genuine they may seek to verify the document with an independent third party or government agency.

18. The purpose of such checks is to ensure that the document provided is genuine and accurately reflects statements made in the application and, if used as evidence for the point scoring sections, entitles the migrant to the points claimed.

19. Verification may lead to a delay in applicants receiving a decision on their application and therefore the process will only be used when there are clear reasons to do so.

Reasonable Doubt

20. What is considered to be a reasonable cause to doubt that a document is genuine will depend on an individual application. All judgments will be made on fact.

Outcome of Verification Check

21. The information below details the three possible outcomes of a verification check:

• Document confirmed as genuine If the Agency is able to conclude that the document is

genuine, then the application will be considered as normal.

• Document confirmed as being false If the Agency is able to conclude that the document is false,

then the application will be refused, regardless of whether or not the document is material to the application.

Where a document is confirmed to be false the Agency will normally refuse the application on more than one basis. For example, an applicant submits a bank statement to show that he has adequate funds, if the Agency has evidence that the statement is false, the application will be refused on the basis that the applicant does not satisfy the funds requirement and on the basis he has submitted a false document.

• Verification check inconclusive If the Agency is unable to verify that the document is either

genuine or false then the document will be disregarded as evidence for the relevant points scoring area.


If further documents have been submitted as evidence for the relevant point scoring area, these will be considered as normal. If no further documents have been submitted, then zero points will be awarded for that point scoring area.

Refusal of Applications Without Undertaking Further Checks

22. An application may be refused without undertaking verification checks in the following circumstances:

• The application would still fall for refusal whether or not the evidence is verified as genuine

If a piece of submitted evidence raises a cause for concern but the application will fall for refusal on other grounds, it is these other grounds that will form the basis of refusal. Verification checks will not be undertaken in these circumstances. Passports however, will always be verified, where there is doubt as to their authenticity.

• There is evidence that proves a particular document is false Where a document is confirmed to be false the Agency will

normally refuse the application on more than one basis. For example, an applicant submits a bank statement to show that he has adequate funds, if the Agency has evidence that the statement is false, the application will be refused on the basis that the applicant does not satisfy the funds requirement and on the basis he has submitted a false document.

Other Checks

23. An Assessing Officer will also undertake further checks in some cases, for example:

• Allegations Where an allegation has been received that an applicant has

made a false application;

• Additional checks Where the Assessing Officer has doubts about an application

or the documents submitted with the application but these are not sufficient to undertake a verification check.

24. Checks may lead to a delay in applicants receiving a decision on their application and therefore the process will only be used when there are clear reasons to do so.

Allegations

25. Where the Agency has received an allegation about a particular individual, company or document, in relation to an application, the Assessing Officer may undertake further checks to confirm that the application and all information provided is correct.

Additional Checks

26. Sometimes the Agency will have suspicions about a document, but those suspicions will not be sufficient cause to doubt the genuineness of a document. For example, where previous verification checks have found some supporting evidence to be invalid and some to be genuine, or where evidence provided contradicts information already held by the Agency. In these cases, the Agency may carry out further checks.

Outcome of Check

27. The information below details the four possible outcomes of these checks.

• Document confirmed as genuine

If the Agency is able to conclude that the document is genuine, then the application will be considered as normal.

• Document confirmed as being false Where a document is confirmed to be false the Agency will

normally refuse the application on more than one basis. For example, an applicant submits a bank statement to show that he has adequate funds, if the Agency has evidence that the statement is false, the application will be refused on the basis that the applicant does not satisfy the funds requirement and on the basis he has submitted a false document.

• Check inconclusive If the Agency is unable to verify that the document is either

genuine or false then the application will be processed as if it is genuine.

• Check casts further reasonable doubt on the genuineness of the document

If the Agency is unable to verify that the document is either genuine or false but as a result of the checks, further reasons come to light which would make the Assessing Officer have a reasonable doubt about the genuineness of a particular document, the Assessing Officer may rely on the verification rule.

Procedure for Verification and Other Checks

28. The procedures for verification and other checks will primarily follow a similar format and will vary from case to case, but may involve:

• checking details or veracity of documents with employers, the relevant High Commission, other government departments (in the UK and overseas);

• checking accuracy and authenticity of documents with banks, universities and professional bodies.

Standard procedure

29. The Assessing Officer will use a standard form to record the results of enquiries; this will ensure that any feedback is recorded consistently.

30. If the Assessing Officer cannot obtain an immediate answer to enquiries they would normally wait for up to a maximum of four weeks for the necessary information.

31. Checks conducted in respect of self employed applicants will not be directed to the business telephone or contact address, instead checks will be made to establish the business presence, for example for business and/or tax registration.

32. The Assessing Officer may request that the Compliance Team of the Agency undertakes a visit to the applicant’s employer (where the applicant is currently a work permit holder) or educational institution (where the applicant is a student) before the application is decided

Sponsored Students

33. Applicants who currently have leave in one of the following categories may have been sponsored in their studies:

• Student (or Tier 4 when introduced); • Postgraduate Doctor or Dentist.

34. For purposes of paragraph 135DB of the Immigration Rules, “sponsored” means wholly supported by an award which covers both fees and maintenance.

35. If the applicant is currently being sponsored, or if sponsorship


ended 12 months ago or less the sponsor is required to give unconditional consent to the applicant being granted leave. If the sponsor does not give consent or gives permission for a limited time, the application will be refused.

36. If an applicant has received private sponsorship during their studies, the sponsor’s consent is not required.

37. Applicants should provide an original written confirmation from the sponsor giving consent to the grant of leave. This evidence should be an original document, on the official stationery of the organisation. It should have been issued by an authorised official of that organisation.

38. Further advice on sponsored students can be found in Chapter 3, Section 3 of the Immigration Directorate Instructions.


TIER 1 (GENERAL) OVERVIEW OF TERMS AND CONDITIONS

Overview of Terms and Conditions

39. The following table explains some of the key features of the Tier 1 (General) route. Please refer to paragraphs 245C of the Immigration Rules.

Periods of grant:

Entry Clearance and Leave to Remain where previous grant of leave was not as a Tier 1 (General) participant (switching)

Leave to Remain (Extension) where previous grant of leave was as a Tier 1 (General) Migrant

Indefinite Leave to Remain

Switching into the Tier 1 (General) route

For a period of 3 years

For a period of 2 years

Applicants will have to complete a continuous period of five years lawfully in the UK in this route before they will be able to apply for Indefinite Leave to Remain.

Switching is permitted from applicants who currently hold leave as: • as a Highly Skilled Migrant,• as a Tier 1 (General)

Migrant, • as an Innovator,• as a Participant in the Fresh

Talent: Working in Scotland Scheme,

• as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

• as a Postgraduate Doctor or Dentist,

• as a Student, • as a Student Nurse, • as a Student Re-Sitting an

Examination, • as a Student Writing-Up a

Thesis, or• as a Work Permit Holder.

Conditions applying to applicants

Leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of the Immigration Rules, and

(iii) no Employment as a Doctor in Training, unless the applicant:

(1) has, or has last been granted, entry clearance, leave to enter or remain as a Highly Skilled Migrant or as a Postgraduate Doctor or Dentist,

(2) has, or has last been granted, entry clearance or leave to remain as a Tier 1 (General) Migrant and that grant was not subject to a condition prohibiting Employment as a Doctor in Training, or

(3) has submitted with this application a valid Highly Skilled Migrant Programme Approval Letter, where the application for that approval letter was made on or before 6 February 2008.


TIER 1 (GENERAL) – POINTS SCORING

Points Scoring Requirements

40. Under Tier 1 (General), initial entrants must score:

• at least 75 points for Attributes (Appendix A of the Immigration Rules); and

• 10 points for English Language (Appendix B of the Immigration Rules); and

• 10 points for Maintenance (Funds) (Appendix C of the Immigration Rules).

41. The points available are:

42. All the requirements of the Immigration Rules have to be met.

Attributes: pass mark = 75 Points available

For each of the following:• Qualifications: 30-50• Previous Earnings; 5-45• UK Experience; 5• Age. 5-20

Please see relevant section below for further details.

English Language: pass mark = 10

Evidence to prove that the migrant speaks English to the required standard and meets the requirements of this guidance. Please see relevant section below for further details. 10

Maintenance: pass mark = 10

A certain amount of funds to support the migrant in the UK. Please see relevant section below for further details. 10

Transitional Arrangements for Applicants making an Initial Application

43. Please refer to paragraphs 245E of the Immigration Rules.

44. On 29 February 2008, Tier 1 (General) of the PBS will be introduced in the UK and the Immigration Rules for Leave to Remain as a Highly Skilled Migrant will be deleted. This means that migrants can no longer apply either for an HSMP approval letter while they are in the UK or for Further Leave to Remain in HSMP. In-country applications for HSMP approval letters made on or before 28 February 2008 will be processed. Any in-country applications for HSMP approval letters made on or after 29 February 2008 will be returned. Current holders of HSMP leave who wish to apply for an extension on or after 29 February 2008, will need to apply under Tier 1 (General) of PBS.

We will still process applications for HSMP approval letters from outside the UK until Tier 1 (General) replaces HSMP overseas. This means that:

Applications for HSMP approval letters sent on or before • 31 March from India will be processed.

Applications for HSMP approval letters sent on or after 1 • April from India will be rejected

People will be able to apply for HSMP approval letters • from outside the UK and India until Tier 1 (General) is rolled out to the rest of the world by the end of the summer.

Migrants will be able to use valid HSMP approval letters in applications for entry clearance under HSMP in those countries where it remains open and in Tier 1 (General) once HSMP has been closed down.

45. On 1 April 2008 Tier 1 (General) of the PBS will be introduced for applications made in India.

46. Arrangements have been put in place for individuals who:

• have made an application for entry clearance as a Highly Skilled Migrant before 1 April 2008, which has not been decided before that date,

• have made an application for leave to remain as a Highly Skilled Migrant before 28 February 2008, which has not been decided before that date,

• on 1 April 2008, have already applied for a Highly Skilled Migrant Programme Approval Letter (HSMP Approval Letter) but have yet to apply for entry clearance as a Highly Skilled Migrant (applications from India only),

• on 29 February 2008, have already applied for/obtained an HSMP Approval Letter but have yet to apply for leave to remain as a Highly Skilled Migrant.

47. Applicants who have a valid HSMP Approval Letter and apply under these arrangements will be charged a reduced Tier 1 (General) fee for their application.

48. Please note that HSMP Approval Letters are valid for a period of six months from the date of issue.


ATTRIBUTES

Date of Application

49. The date of application will, in all cases, be taken to be the date of postage or the date of receipt if couriered. Please see the Agency website www.ukba.homeoffice.gov.uk for further information regarding the date on which an application is made.

Qualifications

50. Applicants can claim points according to the level of the qualification they have achieved. Please refer to paragraphs 245B of the Immigration Rules.

Claiming Points – All Applications 51. Applicants can score the following points for their qualification:

• PhD* 50 points • Masters* 35 points • Bachelors* 30 points

(*or equivalent vocational or professional qualification)

52. Applicants may only score points for one qualification.

53. Qualifications must meet, or exceed, the recognised standard of UK Bachelors, Masters or PhD, as verified by the National Academic Recognition Information Centre for the United Kingdom (UK NARIC) to be awarded the relevant points. Points can be scored for vocational and professional qualifications where they are at least equivalent to one of the academic levels set out above, providing they can be verified through UK NARIC.

54. Points can only be awarded where the specified documentary evidence of the applicant’s qualification has been supplied. Please see ‘Documentary Requirements’ section below for details.

Claiming Points – Extension Applications only

55. Any applicant who is currently in the UK under the HSMP, and is unable to claim points in this scoring area should refer to the guidance on ‘Transitional Arrangements for existing Highly Skilled Migrants’ before proceeding with their application.

56. There may be a very small number of cases where the applicant is currently in the UK under Tier 1 (General) or the Highly Skilled Migrant Programme and their qualification has previously been assessed to be of a higher level than indicated by the Tier 1 (General) Self Assessment Tool. In such cases the applicant may claim the higher points score, in line with the previous assessment, provided that they are relying upon the same qualification as used in their initial application. Please refer to paragraphs 245B of the Immigration Rules.

57. If the applicant is unsure as to the points they were previously awarded they should contact the Agency at: [email protected].

58. In such cases, the Assessing Officer will refer back to the records held by the Agency. Please be aware that Assessing Officers will only be able to award a higher points score, in a very limited range of circumstances, where each of the following requirements is met:

• The applicant is currently in the UK under Tier 1 (General) or the HSMP; and

• The applicant is relying upon the same qualification for which points were previously awarded in this scoring area; and

• The earlier assessment of the qualification confirmed that it was equivalent to a higher level of qualification than is now indicated by the Self Assessment Tool; and,

• There is no evidence of deception having been used in respect of the earlier decision.

How Qualifications are assessed

59. Qualifications submitted by applicants will, in all cases, be assessed by referring to the Self Assessment Tool which is available on the Agency website. This tool contains information on the equivalency of overseas qualifications provided by UK NARIC.

60. UK NARIC is a private company that specialises in the comparison of qualifications to UK academic levels. Points can be claimed where the Self Assessment Tool confirms that the qualification claimed meets or exceeds the recognised standard of a Bachelor’s or Master’s degree or a PHD in the UK.

Checking qualifications

61. Applicants should check the level of their qualification by referring to the Self Assessment Tool which can be found on the Agency website at www.ukba.homeoffice.gov.uk.

62. Where the applicant is unable to find details of their qualification on the Self Assessment Tool, they may still wish to claim points for the qualification in question. In these circumstances applicants should contact UK NARIC directly for an assessment of the level of their qualification and, where their qualification is found to be of the required level, obtain a letter and/or confirmation certificate from UK NARIC. Contact details for UK NARIC can be found on the following website at www.naric.org.uk. Please note that there may be a charge for this service.

63. Where UK NARIC is unable to confirm these details, points will not be awarded for the qualification in question. In such cases, applicants may wish to consider presenting an alternative qualification if they possess one.

Documentary Requirements – All Applications

64. If the applicant has previously been granted leave under Tier 1 (General) or the Highly Skilled Migrant Programme, and previously scored points for the same qualification for which he wishes to claim points in his current application, the applicant need not resubmit any evidence of his qualification.

65. For the purposes of paragraph 245F of the Immigration Rules, the documents specified are as follows:

1. Original Certificate of Award:

This document must be original and must clearly show:

• the name of the applicant; and • the title of the award; and • the date of the award; and, • the name of the awarding institution.

Please note that original provisional certificates are not acceptable

In all cases this document must be provided unless (i) the applicant is awaiting graduation or (ii) has a qualification with a significant research bias, in which case the documents will be as specified below,


2. Original Academic Reference and Original Transcript:

If the applicant is awaiting graduation but has successfully completed their degree, then they should provide an original academic reference from the institution awarding the degree together with an original academic transcript.

The original academic reference from the institution awarding the degree must be on the official headed paper of the institution and clearly show:

• The applicant’s name; and • Title of award; and • Date of award, confirming that it will be awarded; and • Date that the certificate will be issued.

The academic transcript must be on the institution’s official paper and must show the following details:

• The name of the applicant • The name of the academic institution; • The course title • Confirmation of the award.

Or

3. Original Academic Reference Alone: Applicants who are claiming points in respect of qualifications with a significant research bias (frequently doctorates) may be unable to provide an academic transcript. In such cases, and where the original Certificate of Award is not available because the applicant is awaiting graduation, an academic reference alone will be acceptable.

This must be original, issued by the awarding institution on the official headed paper of the institution and include the following details:

• The applicant’s name; and • Title of award; and • Date of award, confirming that it will be awarded; and • Date that the certificate will be issued.

Previous Earnings

Please refer to paragraphs 245B of the Immigration Rules.

Earnings Period Assessed

66. Applicants can claim points for previous earnings obtained from their work.

67. Points for Previous Earnings can be claimed in respect of any single, consecutive 12 month period from the 15 months immediately prior to the date of application. The only circumstances where an applicant may claim points for a 12 month period of earnings from outside of this period are where:

• The applicant can establish that they have been absent from the workplace at some point during the last 12 months, due to full-time study (initial applications only);

Or

• The applicant can establish that they have been absent from the workplace at some point during the last 12 months (or during the 12 months preceding the start of full time studies), due to a period of maternity or adoption related leave.

68. All periods specified should be considered to refer to calendar

months (i.e. 1 January – 31 January).

69. If an applicant claims for a period of earnings in excess of 12 months the Assessing Officer will assess the most recent period of 12 months for which they have provided evidence.

70. The Agency will not consider evidence of earnings from a period outside the 15 months immediately prior to the application, with the exception of applicants claiming a period of absence due to full-time study or maternity / adoption related leave.

71. Applicants are not required to be in continuous employment during the 12 month period being assessed.

72. Applicants may claim for a period of earnings of less than 12 months.

73. The Assessing Officer will only consider actual earnings made. Earnings claimed will not be considered on a pro rata basis under any circumstances.

Full-Time Study

74. The full-time study is designed to allow applicants to claim points for previous earnings under Tier 1 (General) where they have been unable to earn during the 12 months preceding the application due to a period of full-time study. This option is only available to initial Tier 1 (General) entrants.

75. To qualify for the full-time study provision applicants must establish that they either:

• Are currently in full-time study; or • Have finished a full-time course within the 12 months

immediately prior to their application.

76. Where an applicant can establish that they qualify for the full-time study provision, they may submit evidence for earnings for a period of 12 of the 15 months immediately prior to the commencement of their period of full-time study.

77. Where an applicant can establish that they have undertaken more than one course of full-time study, with less than 12 months separating each course, a period of 12 of the 15 months directly prior to the commencement of their first course of full-time studies will be considered.

78. If the applicant has not yet completed their studies, the date of application will be considered in lieu of the end-date for their studies.

Documentary requirements for full-time study

79. For the Assessing Officer to consider earnings from a period outside the 15 months, on the basis of full-time study and for the purposes of paragraph 245F of the Immigration Rules, the documents specified are as follows:

1. An original letter from the academic/educational institution confirming the period of full-time study.

This document must be original, on the letter-headed paper of the academic/educational institution and must bear the official stamp of that institution. It must have been issued by an authorised official of that institution and must confirm the following details:

• The applicant’s name; • Course of study undertaken; • Start and End dates of the period of study (or confirmation

that the study is ongoing); • Confirmation that the applicant was a full-time student


during this period of study.

Where the course has been completed, the date on the letter provided must post-date the course completion date. Where the course is ongoing, this letter must pre-date the date of application by no more than 12 months.

Where an applicant wishes to have more than one course of full-time study taken into account, they must supply an original letter for each separate period of study claimed.

Maternity/Adoption Related Absence

80. The Maternity/Adoption related absence is designed to allow applicants to claim points for previous earnings under Tier 1: General where they have been unable to earn during the 12 months preceding the application due to period of maternity or adoption related absence from the workplace.

81. This rule allows an applicant to claim previous earnings for 12 months of the most recent 15 month period in which they have been working, discounting the period of maternity or adoption related absence.

For example: An applicant has been working for four months, takes a period of maternity or adoption related absence for twelve months, then has returned to work for eight months prior to making their application. In such circumstances the Agency would consider the combined periods of four and eight months where the applicant has been working, but would discount the 12 month period of maternity or adoption related absence from consideration.

82. A maximum period of 12 months maternity or adoption related absence can be discounted under these provisions.

83. If the applicant is still on maternity or adoption related leave at the time of their application, the Agency will consider the 15 month period immediately prior to the beginning of this leave.

84. Applicants who have had maternity or adoption related absence in the 12 months preceding their application are under no obligation to discount earnings made during this period. Applicants should note that statutory maternity or adoption payments can be included in the assessment of their previous earnings.

Documentary Requirements for Maternity/Adoption Leave

85. For the Assessing Officer to consider earnings from a period prior to the 15 months preceding the application, on the basis of a period of maternity or adoption related absence from the workplace and for the purposes of paragraph 245F of the Immigration Rules the applicant must provide 2 pieces of specified evidence to demonstrate their period of maternity/adoption leave. The documents specified are as follows:

1. Birth Certificate or Certificate of Adoption (as appropriate):

This should be the original birth certificate/certificate of adoption for the child in respect of whom the period of maternity/adoption related absence was taken. Such a certificate should be supplied wherever one has been issued.

And one of the following (or both where the birth certificate or certificate of adoption is not available):

2. Letter from the applicant’s employer

This should be an original letter, on the company headed paper and must confirm the start and end dates of the period of maternity/adoption related absence.

and/or:

3. Wage slips/Other Payment or Remittance Advices

These should cover the entire period for which the maternity or adoption related absence is being claimed and should indicate statutory maternity or adoption payments made to the applicant. Documents provided must be original, on official letter-headed paper of the issuing authority.

Where the birth certificate or certificate of adoption is not available then applicants should provide the documents specified at 2 and 3 above.

Where the applicant is unable to supply two documents from 1-3 above then they may provide evidence from the other documentation list specified at 4 below as an alternative for one of the pieces of evidence required to demonstrate the maternity/adoption leave. Please note that at least one piece of evidence provided to demonstrate this requirement must be as specified at 1-3 above.

4. Other documentation

In certain circumstances the applicant will be unable to supply two of the documents specified at 1 – 3 above (for example where no birth certificate has been issued). Where the applicant is unable to supply two of the documents specified at 1 – 3 above then a full explanation should be provided and alternative documentation should be supplied as evidence of their maternity/adoption related absence for the period claimed. Alternative documentation must be from an official source and must be independently verifiable.

Where two of the specified documents at 1 – 3 above are not available then the following alternative documents/types of documents will normally be accepted:

• Official ‘adoption’ papers issued by the relevant authority; • Any relevant medical documentation that the applicant is

content to disclose; • A relevant extract from a register of birth provided it is

accompanied by an original letter from the issuing authority. The following documents/types of documents will not normally

be accepted: • Personal letters of confirmation; • Newspaper announcements; • Other unofficial documentation.

It will only be possible to accept other documentation as evidence of maternity or adoption related absence, where the Assessing Officer is satisfied that the specified documentation cannot be provided.

Assessment of Previous Earnings

86. An assessment will be made of an applicant’s earnings.

87. For applicants in salaried employment the applicant’s gross salary before tax will be assessed. This includes self-employed applicants drawing a salary from their business. If the applicant’s earnings were generated in a country with no tax system, their total earnings for the period will be considered.

88. Where an applicant is self-employed and has chosen to retain their profits within the business, their earnings are limited to the share of the business’ net profits to which the applicant is entitled and can only be claimed if generated during the 12 month earnings period being claimed.

89. Earnings will not be taken into account if the applicant was in breach of the UK’s immigration laws at the time those earnings were made.


For example: Earnings made from UK employment will only be considered if the applicant had leave to enter or remain in the UK at the time they were earned, in a category which permitted them to take up that employment.

Earnings that will be included in the assessment

90. Previous earnings derived from:

• salaried employment; or • self employed activities.

91. An applicant’s total earnings from several sources of work, including salaried employment and self-employed activities, can be included in the overall total earnings claimed.

92. Earnings do not have to have been with a single employer.

93. Earnings can be considered from full-time, part-time, temporary and short-term work.

94. Earnings may include, but are not limited to:

• Salaries (includes full-time, part-time, bonuses); • Earnings derived through self-employment; • Earnings derived through business activities; • Statutory maternity pay and contractual maternity pay; • Allowances (such as accommodation, schooling or car

allowances) which form part of an applicant’s remuneration package;

• Dividends from investments, where it is a company in which the applicant is active in the day to day management, or where the applicant receives the dividend as part of their remuneration package;

• Property rental income, where this constitutes part of the applicant’s business; and

• Payment in lieu of notice.

95. Unearned sources of income that will not be considered as previous earnings include:

• Allowances (such as accommodation, schooling or car allowances) which are paid as reimbursement for monies the applicant has previously outlaid;

• Dividends from investments, unless it is a company in which the applicant is active in the day to day management, or unless the applicant receives the dividend as part of their remuneration package;

• Property rental income, unless this constitutes part of the applicant’s business;

• Interest on savings; • Funds received through inheritance; • Monies paid to the applicant as a pension; • Expenses where the payment constitutes a reimbursement

for monies the applicant has previously outlaid; • Statutory redundancy payment; • Sponsorship for periods of study; or • State benefits.

Allowances

96. Allowances (such as accommodation allowances, schooling allowances paid in respect of an applicant’ children) will only be included in the assessment of an applicant’s previous earnings where they form part of an applicant’s remuneration package and are not being paid as reimbursement for monies the applicant has previously outlaid.

97. Allowances will only be accepted as earnings where they have been declared in the applicant’s payslips.

Points Available for Earnings Claimed – Initial Applications

98. For applicants making an initial application the following points can be claimed for previous earnings:

Earnings Points available

£40,000 + 45 points

£35,000 - £39,999 40 points

£32,000 - £34,999 35 points

£29,000 - £31,999 30 points

£26,000 - £28,999 25 points

£23,000 - £25,999 20 points

£20,000 - £22,999 15 points

£18,000 - £19,999 10 points

£16,000 - £17,999 5 points

Converting overseas earnings into pound sterling (£)

99. In order to assess earnings made overseas, these earnings must be converted into pounds sterling. The official exchange rate used by the Agency is that produced by Oanda.

100. Applicants should use the closing spot exchange rate which appears on www.oanda.com1 or the last day of the period for which they have claimed earnings in that currency.

101. If the applicant’s overseas earnings fall either side of a period of maternity leave, earnings will be calculated using the closing spot exchange rate for the last day of each period of earnings claimed.

1 This is an external website, for which the Home Office is not responsible.

Adjusting Overseas Earnings

102. In order to reflect differences in income levels across the world, the income level required to score points varies depending on where the applicant was working at the time the earnings were made. The Agency uses a series of uplift ratios to bring overseas salaries in line with their UK equivalents. The level of uplift received is dependent on the average level of income received in the country in which the earnings were made. This calculation is made automatically using the Self Assessment Tool available on the Agency website at www.ukba.homeoffice.gov.uk. Please see Table 2A of Appendix A (Attributes) to the immigration rules for a list of countries and the appropriate conversion rate.

103. The country in which the applicant has been working, rather than their nationality, determines the income bands against which the earnings will be assessed.

Points Available for Earnings Claimed – Extension Applications

104. For applicants making an extension application the following points can be claimed for previous earnings:

Earnings Points available

£40,000 + 45 points £35,000 - £39,999 40 points £32,000 - £34,999 35 points £29,000 - £31,999 30 points £26,000 - £28,999 25 points £23,000 - £25,999 20 points £20,000 - £22,999 15 points £18,000 - £19,999 10 points

£16,000 - £17,999 5 points


105. If, during the period for which the applicant’s previous earnings are being considered, the applicant has earned monies from outside the UK, these can be included in the calculation for the purposes of scoring points in this area. The applicant should provide details of the overseas earnings, in the original currency in which they were paid and the closing spot exchange rate from www.oanda.com which exists on the last day of the period for which the applicant has claimed earnings in that currency should be used to convert these earnings into Pounds Sterling.

106. Overseas earnings are not subject to any uplift calculations for extension applications. The applicant must clearly indicate on the application form which of their earnings were earned in the UK and which were earned overseas. The Pounds sterling value of these overseas earnings will be added to any UK earnings. The total figure will then be considered against the points scoring table provided above.

Documentary Requirements for Earnings Claimed – All Applications

107. Points for previous earnings can only be awarded where the applicant submits specified supporting documentary evidence with their application.

108. At least two different types of supporting documentation must be provided for each source of earnings claimed. The supporting evidence must be from separate sources and must corroborate with one another to clearly support the earnings claimed.

For example: When providing documentation for salaried

employment, payslips should not be provided in combination with an employer letter, as these documents are both considered to be from the same source.

109. Supporting documentation must show all the relevant payments claimed by the applicant. If earnings from a particular source have been paid in more than one way, two types of documentation must be provided in respect of each part of the payment claimed.

For example: An applicant has been paid for their salaried

employment by means of a salary and a dividend. If the gross and net dividend payments are included on the applicant’s payslip, and can be corroborated by details of the net dividend payment on the applicant’s bank statements, the applicant could submit bank statements and payslips as supporting evidence for both the salary and the dividend claimed. However, if the dividend details are not included on the payslips, separate dividend vouchers would also need to be supplied to corroborate the dividend payments (cross-referenced with the bank statements provided).


1. Payslips These should be either formal payslips or on company-

headed paper. If payslips are on un-headed paper or the applicant only receives online pay slips, they will be required to obtain their employer’s signature and stamp on a print-out to authenticate the evidence. Where provided, payslips must cover the whole period claimed (i.e. if payslips are generated monthly, each monthly payslip for the period claimed must be provided).

2. Personal bank statements showing the payments made to the applicant

Bank statements provided must be on official bank stationery, and must show each of the payments that the applicant is claiming. If the applicant wishes to submit electronic bank statements from an online account they should also provide a supporting letter from their bank on company headed paper confirming the documents authenticity.

3. Letter from the applicant’s (previous) employer/s confirming that they have received the exact amount claimed

This is a letter on company letter headed paper from the applicant’s employer(s) which clearly states the applicant’s earnings during period claimed, clearly showing the date and amount of each payment. This letter should post-date the earnings period claimed and should clearly show the applicant’s gross and net pay.

4. Official tax document generated by the tax authority or employer, showing earnings upon which tax has been paid/is to be paid in a tax year

For these purposes, official tax documents can be defined as:

• a document generated by a tax authority, which shows details of declarable taxable income on which tax has been paid or is to be paid in a tax year (e.g. tax refund letter or demand);

• a document generated by an employer for the purposes of an official return to a tax authority, showing details of earnings on which tax has been paid in a tax year (e.g. P60 in the UK);

• a document generated by an individual/business/company for the purposes of an official return to a tax authority, showing details of earnings on which tax has been paid /to be paid in a tax year that has been ‘approved/registered/stamped’ by the tax authority (this is particularly relevant to some overseas tax systems e.g. SARAL in India).

Please note that whilst tax documents are included in the list of acceptable documentation, they will rarely be of use. This is because tax documents are usually produced at the end of a fi xed tax period and will therefore not show the entire period for which the applicant is claiming previous earnings unless they exactly mirror the period claimed. Applicants should therefore be cautious about using such documentation unless they are satisfi ed that that it details the exact amount of earnings for which they are claiming points.

5. Dividend vouchers Dividend vouchers must show the amount of money paid by

the company, normally out of its profits, to the applicant. They should confirm both the gross and net dividend paid. A separate dividend voucher/payment advice slip should be provided for each dividend payment covering the whole period claimed.

6. Self-employed applicants only - Letter from the applicant’s managing agent/accountant (confirming that the applicant received the exact amount they are claiming, or the net profit to which they are entitled)

This is a letter from the applicant’s Managing Agent/Accountant on headed paper confirming the gross and net pay for the period claimed. The letter should provide a breakdown of salary, dividends, profits, tax credits and give dates of net payments earned. If the applicant’s earnings form a share of the net profit of the company, this should also be explained in the letter.

7. Invoice explanations/payment summaries from managing


agent/ accountant These are summaries/explanations created by an applicant’s

managing agent (usually an accountant). These explanations should include a breakdown of the gross salary, tax deductions and dividend payments made to the applicant. The total gross salary and dividend payments should equate to the applicant’s earnings. The payment summary provided should enable corroboration with the net payments into the applicant’s personal bank account.

8. Company/Business accounts which clearly show the net profit of the company/business

Accounts must comprise a profit and loss account (or income and expenditure account where the organisation is not trading for profit) and the balance sheet should be signed by a Director. Accounts should be prepared in accordance with statutory requirements and should clearly show the net profit generated over the earnings period being assessed.

Additional Information Required

111. Applicants should provide full contact details for each source of income supplied, that will allow all supporting documents to be verified if necessary.

112. Applicants should also provide any information/explanation of the documentation submitted, that may assist the Assessing Officer in their consideration of the earnings claimed.

For example: An applicant is operating through a Limited Liability Company which is administered, on their behalf, by a In such cases, the name on the payment advice may diff er from the credit payment entries on the applicant’s bank statements. In such cases the applicant should provide a letter from their /Accountant to clarify the relationship between all parties concerned.

Or: An applicant is one of a number of shareholders in the business and is claiming for net profi ts generated over the earnings period. Applicants should provide a letter from their accountant, confi rming the percentage share of the net profi t before tax of the business to which they are entitled.

Examples of Document Combinations to Provide

113. The evidence which an applicant can provide will depend on their circumstances and the manner of their earnings. Examples of typical combinations of documents are given below. These examples are divided into employment types for ease of reference.

114. These examples are not the only combination of documents acceptable for each employment type and applicants are not limited to using the combinations of documents given in the examples:

Salaried Employees: A salaried employee could provide a combination of:

• Their personal bank statements covering the full 12 month earnings period;

and either

• Pay-slips covering the full 12 month earnings period; or • A letter from their employer.

(Please note, that Payslips and letters from an employer are considered to be from the same source and a combination of these two types of document should not therefore be provided.)

Salaried Employees with Dividend Payments: If the applicant is paid through a combination of salary and

dividends, and both payments appear on the applicant’s payslip, salaried employees with dividend payments could provide:

• Their personal bank statements covering the full 12 month earnings period;

and either

• Pay-slips covering the full 12 month earnings period; or • A letter from their employer.

If the applicant is paid through a combination of salary and dividends and both the salary and the dividend payments do not appear on the applicants payslip, salaried employees with dividend payments could provide the above documents plus:

• Dividend vouchers, for each dividend payment claimed, showing both the gross and the net dividend.

Self-Employed Earnings within a Business/Company Structure:

If an applicant has worked in a self-employed capacity through their own business/company structure and has chosen to retain their earnings within the business/company, they could provide:

• Business/Company Accounts - prepared in accordance with statutory requirements and showing the net profit generated for the earnings period claimed; and

• A letter from their accountant confirming the details contained within those accounts.

If the applicant is not the sole shareholder of the company they should also provide :

• A letter from their accountant confirming their shareholding and the proportion of net profit before tax to which they are entitled for the earnings period claimed.

Contractors: If the applicant is a Contractor and is operating neither

through their own company nor as an employee, they may provide the following:

• An accountant’s letter confirming a breakdown of their gross and net earnings for the period claimed; and

• Personal bank statements clearly highlighting all credit payments made to their account from employment undertaken during the earnings period claimed.

UK Experience

Claiming Points – Initial Applications only

115. Please refer to paragraphs 245B of the Immigration Rules.

116. Applicants can claim a maximum of 5 points if they have either:

• Successfully scored points under the ‘Previous Earnings’ scoring area, for earning in the UK;

Or


• Undertaken a period of full-time study in the UK, of at least one full academic year, and been awarded a qualification at Bachelors degree level or above.

117. An applicant may only claim points under one or other of the above requirements.

118. Points will not be awarded for UK Earnings if the applicant was in breach of the UK’s immigration laws at the time those earnings were made.

119. Points will only be awarded for periods of UK Study where the specified documents which show the applicant’s period of study in the UK have been supplied.


120. Applicants can claim a maximum of 5 points if they have successfully scored points under the ‘Previous Earnings’ points scoring area of this application, for UK earnings.

121. Points will only be awarded for UK Earnings where the applicant’s immigration status in the UK legally entitled them to be and work here throughout the period during which the earnings took place.

Previous UK Experience (Earnings) – All Applications

122. An applicant may claim points in this scoring area for their previous UK earnings provided:

• They have successfully claimed points for Previous Earnings under the preceding points scoring area; and

• T he earnings, for which points were awarded under the preceding area, were earned in the UK.

123. Where an applicant has claimed points under the Previous Earnings points scoring area, for both UK and non-UK earnings, at least £16,000 of these must be UK earnings before points can be awarded in this area.

124. There are no specific documentary requirements for claims in this area as the necessary documentation will have been provided in respect of the Previous Earnings assessment.

Previous UK Experience (Study) – Initial Applications only

125. An applicant may claim points in this scoring area for their UK Studies provided they have:

• Been awarded a qualification at or above Bachelors degree level;

• Been awarded this qualification within the last five years; • Undertaken a period of full-time study in the UK equivalent

to at least one full academic year, or three consecutive academic terms in order to obtain this qualification;

• Studied during this time at a UK academic institution or at a UK based overseas academic institution.

126. The qualification being relied upon may be an academic, vocational or professional qualification. It must be of a level that meets, or exceeds, the recognised standard of UK Bachelors degree.

127. Qualifications submitted by applicants will, in all cases, be assessed by referring to the Self Assessment Tool which is available on the Agency website. This tool contains information on qualifications provided by UK NARIC.

128. Points will only be awarded where the specified

documentation has been supplied and the Self Assessment Tool confirms that:

• The qualification claimed equates to an appropriate UK level academic qualification; and

• The qualification was awarded by an accredited institution.

129. An accredited institution is a place of study assessed by UK NARIC to be a bona fide provider of academic, professional or vocational course of study.

130. Applicants should check the level of their qualification by referring to the Self Assessment Tool which can be found at www.ukba.homeoffice.gov.uk.

131. Where the applicant is unable to find details of their qualification on the Self Assessment Tool, they may still wish to claim points for the qualification in question. In these circumstances applicants should contact UK NARIC directly for an assessment of the level of their qualification and, where their qualification is found to be of the required level, obtain a letter and/or confirmation certificate from UK NARIC

Contact details for UK NARIC can be found on the following website at www.naric.org.uk. Please note that there may be a charge for this service.

132. Where UK NARIC is unable to confirm these details, points will not be awarded for the qualification in question. In such cases, applicants may wish to consider presenting an alternative qualification if they possess one.

133. To assess whether the qualification was awarded within the last five years, the date of award will be taken as the date upon which the applicant was first notified in writing, by the awarding institution, that it had been awarded. This date must be no more than 5 years prior to the date of application.

Documentary Requirements – Initial Applications only

134. For the purposes of paragraph 245F of the Immigration Rules (UK Study), the documents specified are as follows:

1. An original letter from the UK institution/UK based overseas institution at which they studied

This must be an original letter, on the official letter-headed paper of the awarding institution and bearing the official stamp of that institution. It must have been issued by an authorised official of that institution and must confirm the following details:

• The applicant’s name; • The title of the qualification; • The date of award of the qualification (as defined

above); • Confirmation that, in order to obtain this qualification,

the applicant undertook a period of full-time study equivalent to at least one full academic year, or three consecutive academic terms;

• Start and end dates of the period of study in the UK.

Where the applicant is relying upon the same qualification that has been provided for points under the Qualification points scoring area, the original certificate of award, or an original letter from the institution of study should already have been supplied. This document will have confirmed the applicant’s name and the title of the qualification. In these circumstances the letter need only cover the remaining three requirements.


Age


136. This assessment is intended to recognise that it is more difficult for a highly skilled young graduate to score maximum points in the previous earnings category, compared to an older counterpart with the same level of skills. Furthermore, there is a greater potential for young highly skilled individuals to be active in the labour market for longer than their older counterparts. The age assessment involves the award of points depending on age.

Claiming Points – Initial Applications only

137. Applicants can claim points if they are under 32 years of age at the date of their application.

138. Points available are as follows:

• Under 28 years of age: 20 points • 28 or 29 years of age: 10 points • 30 or 31 years of age: 5 points

139. The points can be claimed provided the applicant falls within the particular age band indicated above, on the date of their application.

140. Points can only be awarded where the specified documentary evidence of the applicant’s age has been supplied.


141. Applicants should note that the available points for age differ at Leave to Remain stage depending on whether the individual’s previous grant of leave in the UK was under Tier 1 (General) or the Highly Skilled Migrant Programme.

Extension Applications – Tier 1 (General) Migrants

142. An applicant who is already in the UK under Tier 1 (General) can claim points as follows:


143. To claim these points, applicants must fall within the age bands specified on the date of their application.

Extensions Applications – Highly Skilled Migrants

144. If an applicant is currently in the UK as a Highly Skilled Migrant and is therefore applying using the extension requirements of Tier 1 (General), they can claim the following points on the basis of their age:


145. To claim these points, applicants must fall within the age bands specified on the date of their application.

Documentary Requirements – All Applications


Current valid original passport/travel document Where an applicant is unable to submit their current original

passport/travel document at the time of the application, full reasons must be provided under the ‘Passport Information’ section of the application form.

The only exceptional circumstances in which alternative specified documents may be provided are where the applicant’s current passport/travel document has been:

• Lost; • Stolen; • Expired and returned to issuing Government; • Submitted to another department of the Agency. In the exceptional circumstances outlined above, the

alternative specified documents are as follows:

1. Valid national identity document

or

2. Valid UK driving licence

Transitional Arrangements for existing Highly Skilled Migrants – Extension Applications

147. Please refer to paragraphs 245E of the Immigration Rules.

148. Transitional arrangements have been put in place for applicants who have failed to score the required number of points to qualify under Tier 1 (General) but who have, or who were last granted, leave as a Highly Skilled Migrant, where that leave was granted under the Immigration Rules in place before 8 November 2006.

149. Arrangements have been put in place for individuals depending on whether they are working in an employed or self-employed capacity.

Transitional Arrangements for Employed Persons

150. If the applicant is employed and has been employed in their current post for at least 12 months (where they have already spent more than 12 months under the Highly Skilled Migrant Programme), or for at least 8 months (where they have spent 12 months or less under the Highly Skilled Migrant Programme), they may be able to get leave to remain in the UK as a work permit holder. The current employer will need to apply for a work permit on the applicant’s behalf, and as part of the transitional arrangements, the resident labour test requirements of the work permit system will be waived.

151. However, the applicant must still satisfy all the other requirements of the work permit system before a work permit can be issued. If a work permit is granted, the applicant will then need to apply for further leave to remain as a work permit holder. Full details of the work permit arrangements can be found on the Agency website at www.ukba.homeoffice.gov.uk.

Transitional Arrangements for Self Employed Persons

152. If the applicant is self-employed, they may choose to make an application under the transitional arrangements for self-employed persons.

153. To be eligible for the ‘Transitional Arrangements for Self-employed Persons’ applicants must:

• Have had their previous grant of leave under HSMP made under the arrangements that were in place prior to 08 November 2006;


• Have assessed themselves against the Primary Attributes points scoring assessment sections of this form and failed to meet the minimum required score of 75 points;

• Be currently engaged in self employment/business in the UK.

154. To qualify for permission under the transitional arrangements for ‘Self-employed Persons’, applicants must demonstrate that during their preceding period of HSMP leave they have:

• Set up their own business, either singly or with others; and

• Established their business and have been actively trading for at least the last four months prior to their application; and

• Secured ongoing contractual/business commitments for their business to cover at least six months from the date of application.

155. Applicants must also satisfy the other immigration rule requirements for a grant of further leave to remain under Tier 1 (General) including the English Language and Maintenance requirements.

Documentary Requirements


1. Applicants must submit their HMRC registration documents confirming that they are registered for tax.

2. Applicants must submit copies of contracts and invoices for their business, covering at least the last four months:

3. Applicants must submit copies of:

• Documents establishing that their business has contractual/business commitments for a period covering the next six months

• Business plans/business projections covering a period which includes the next six months:

Applicants should provide both these documents where they are available. Where the applicant is unable to submit either or both of these documents applicants should provide:

4. Draft management/business accounts for their business

and

two documents from the list below:

• Utility bills showing the name of the business; • VAT Return; • Company registration certificate with Companies House; • Copies of any registration documents (such as Local Health

Authority registration); • Lease of premises for business use; • Insurance documentation for the business.


ENGLISH LANGUAGE REQUIREMENT

English Language Assessment


158. English is the official language of the United Kingdom. The ability to speak English to a competent level improves an applicant’s potential to succeed in the UK labour market and assists in integration into the UK.

159. As such, in order to qualify an applicant must have a good knowledge of English and provide the specified documents to show this.

160. There are three ways in which an applicant can meet and evidence the English Language requirement, they can:

• be a national of a majority English speaking country; • pass an English language test detailed in this guidance; or, • hold a degree that was taught in English and is equivalent

to a UK Bachelors degree or above.

Claiming Points – All Applications

161. Applicants meet the English language requirement if:

• they were last granted leave under a Tier 1 category (other than Investors, where there is no English language requirements) and are applying for an extension; or,

• they were last granted leave as a Highly Skilled Migrant which was granted under the Immigration Rules which came into force on 5 December 2006 and are applying for an extension under a Tier 1 category.

162. As these applicants will have already provided evidence of their English Language ability in a previous application they are not required to provide further evidence.

163. Please note that applicants who are applying for Leave to Remain under Tier 1 (General) and who have received a previous grant of leave under an immigration category that did not require a particular standard of English will be required to satisfy this requirement.

164. Applicants who are unable to obtain 10 points in the English Language requirements section will not be successful in their application.

165. Even if the applicant has attained the pass mark of 75 for Attributes and has met all the other requirements of the Immigration Rules for a grant of further leave to remain as a Tier 1 (General) Migrant, failure to score 10 points for English language under Appendix B of the Immigration Rules will lead to a refusal of the application.

National of a majority English speaking country

166. Nationals of the majority English-speaking countries (listed below) will be deemed to automatically meet the English Language requirement:

• Antigua and Barbuda; • Australia; • The Bahamas; • Barbados; • Belize; • Canada; • Dominica; • Grenada; • Guyana; • Jamaica;

• New Zealand; • St Kitts and Nevis; • St Lucia; • St Vincent and the Grenadines; • Trinidad and Tobago; • The United States of America.



1. Current original passport/travel document Where an applicant is unable to submit their current

original passport/travel document at the time of the application, full reasons must be provided under the ‘Passport Information’ section of the application form.

The only valid exceptional circumstances in which alternative specified documents may be provided are where the applicant’s current passport/travel document has been:

• Lost; • Stolen; • Expired – returned to National Authorities; • Submitted elsewhere to the Agency.

For the purposes of paragraph 245F of the Immigration Rules, the alternative specified documents to be provided in the exceptional circumstances outlined above are as follows:

2. Current national identity document

3. Original letter from the applicant’s Home Government or Embassy:

This document must be original, on the letter-headed paper of the Government/Embassy and must bear the official stamp of that institution. It must have been issued by an authorised official of that institution and must confirm the following details:

• The applicant’s full name; • The applicant’s date of birth; and • The applicant’s nationality.

English Language Test

168. For the purposes of paragraph 245B of the Immigration Rules, only test certificates from providers that have been assessed as meeting the Agency’s requirements will be accepted.

169. Organisations that award English Language tests wishing to be included on the Agency list of approved providers must apply to the Agency for the test to be assessed according to standards that are published on the www.ukba.homeoffice.gov.uk website in the document “PBS: Procedure to be added to the approved list of English Language test providers”.

170. English Language tests that have been assessed as meeting the Agency’s requirements are detailed in Annex A attached.

171. Applicants with disabilities (for example, hearing difficulties) are not exempt from the English Language requirement. They should contact a test provider for details of support that can be provided whilst sitting the test.


Applicants waiting to sit an English Language Test or waiting for their test result

172. Some individuals applying for leave to remain under Tier 1 (General) may need to submit their application before they have sat, or received the results of, an English language test.

173. For those applicants only, provided all other requirements for a grant of leave to remain under Tier 1 (General) have been met the caseworker will hold the application open for an initial period of ten weeks from the date of application.

174. During this period the applicant should provide:

• an English Language test certificate; or, • confirmation from the test provider that they have either

sat a test or have a confirmed date to sit the test.

175. Where the applicant subsequently provides an English Language test certificate the caseworker will complete the assessment of the application.

176. Where the applicant provides confirmation from the test provider that they have sat a test or has a confirmed date to sit the test the caseworker will continue to hold the application open in anticipation of the applicant completing this process.

177. If the applicant does not pass the test on the first attempt, the application will not be held open to allow for subsequent attempts to be made. Rather, the caseworker will complete the consideration of the application on this basis. In such circumstances, the application will fall for refusal as the applicant will have failed to score 10 points for English language.



1. Original test result certificate. The certificate must clearly show:

• the applicant’s name; • the qualification obtained; and • the date of the award.

Degree taught in English

179. Applicants may provide evidence that they hold a degree which is equivalent to UK Bachelor’s level or higher and which was taught or researched in English to a particular level as evidence of their English language ability.

180. The qualification must:

• be recognised by UK NARIC as equivalent to at least a UK Bachelor’s degree;

• have been taught in English to a standard comparable to that of level C1 on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment (CEFR).

181. Where the degree was taken in a majority English speaking country, listed below, the Agency will assume it to have been taught in English:

• Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the United Kingdom; the United States of America.

Please note that Canada is not included on this list.

182. Where the degree was taken in another country it will, in all cases, be assessed by referring to the Self Assessment Tool which is available on the Agency website. This tool contains information on the equivalency of overseas qualifications provided by UK NARIC.

183. Points can be claimed where the Self Assessment Tool confirms that:

• The degree meets or exceeds the equivalent UK level academic qualification; and

• the degree was taught to a competent standard of English equivalent to level C1 on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment (CEFR).

Checking qualifications

184. Applicants should check their qualification by referring to the Self Assessment Tool which can be found at www.ukba.homeoffice.gov.uk.

185. Where the Self Assessment Tool is unable to confirm these details, points will not be awarded for the qualification in question.

186. Where the applicant is unable to find details of their qualification on the Self Assessment Tool, UK NARIC will not be able to verify whether a qualification satisfies the English Language requirement. In these circumstances, applicants should either present an alternative qualification from the Self Assessment Tool if they possess one, or select an alternative means of satisfying the English Language requirement.



1. Original degree certificate, The original degree certificate must clearly show:

• the applicant’s name; • the title of the award; • the date of the award; and, • the name of the awarding institution.

In all cases this document must be provided unless the applicant is awaiting graduation in which case the document will be as specified below

Or

2. Original academic transcript. If the applicant is awaiting graduation but has successfully

completed their degree, then Assessing Officers can consider an original academic transcript.


The academic transcript must be on the institution’s official paper and must show the following details:

• The name of the applicant; • The name of the academic institution; • The course title; • Confirmation of the award.

This evidence must be an official document, on the official stationery of the organisation and bearing the official stamp of that organisation. It must have been issued by an authorised official of that organisation.

The applicant should ensure that the contact details for the awarding body are up-to-date, because if the Agency needs to verify the details and are unable to contact the institution the Agency will not accept this evidence, which may result in the application being refused.


MAINTENANCE (Funds)

Maintenance Requirement – All Applications


189. One of the requirements of Tier 1 (General) is that, migrants coming to the UK to undertake highly skilled work must be able to support themselves for the entire duration of their stay in the UK without recourse to public funds. If they cannot they could face financial hardship as they do not have access to most state benefits.

190. In order to qualify for leave to remain under Tier 1 an applicant must demonstrate that they have sufficient funds of at least £800 personal savings to support themselves.

191. Note to applicants: applicants should also assess the potential living costs of living in the UK. If they are applying for leave to remain, this will be based on past living expenses. If applicants expect not to receive any income from their employment in the UK after the first month, they should ensure that they have sufficient funds to support themselves and any dependants.


192. This evidence must be original, on the official letter-headed paper or stationery of the organisation and bearing the official stamp of that organisation. It must have been issued by an authorised official of that organisation. For the purposes of paragraph 245F of the Immigration Rules, the documents specified are as follows:

1. Personal bank or building society statements covering the 3 month period immediately preceding the application.

The personal bank or building society statements should clearly show:

• the applicant’s name; • the account number; • the date of the statement; • the financial institution’s name and logo; • transactions covering the three month period; • that there are sufficient funds present in the account

i.e. the balance must always be at least £800; • the receipt of funds along with regular withdrawals from

the account, where appropriate.

If the applicant wishes to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, the applicant will need to provide a supporting letter from their bank, on company headed paper, confirming the authenticity of the statements provided.

Statements which simply show the balance in the account on a particular day are not sufficient.

2. Building society pass book covering the previous 3 month period:

The building society pass book should clearly show:

• the applicant’s name; • the account number; • the financial institution’s name and logo; • transactions covering the three month period; • that there are sufficient funds present in the account

i.e. the balance must always be at least £800; • the regular receipt of funds along with regular

withdrawals from the account, where appropriate.

3. Letter from bank confirming funds and that they have been in bank for at least 3 months:

The letter from a bank or building society should state:

• the applicant’s name; • the account number; • the date of the letter; • the financial institution’s name and logo; • the funds held in the applicant’s account; • that the funds of £800 have been in the bank for at

least 3 months and the balance must always have been at least £800.

Letters which simply state the balance in the account on a particular day or an average balance over the 3 month period are not sufficient.

4. Letter from Financial Services Authority (FSA) regulated financial institution confirming funds:

The letter from Financial Services Authority (FSA) regulated financial institution should state:

• the applicant’s name; • the account number; • the date of the letter; • the financial institution’s name and logo; • the funds held in the applicant’s account; • that the funds of £800 have been in the bank for at

least 3 months and the balance must always have been at least £800.

Letters which simply state the balance in the account on a particular day or an average balance over the 3 month period are not sufficient.


Annex A – Previous Earnings Uplift Conversion Rates

Conversion Rate – 1.0

Andorra; Aruba; Australia; Austria; Belgium; Bermuda; Canada; Cayman Islands; Channel Islands; Denmark; Finland; France; French Polynesia; Germany; Gibraltar; Guam; Hong Kong (Province of China); Iceland; Ireland; Italy; Japan; Kuwait; Liechtenstein; Luxembourg; Monaco; Netherlands; Norway; Qatar; San Marino; Singapore; Sweden; Switzerland; United Arab Emirates; United Kingdom; United States of America; Vatican.


American Samoa; Antigua and Barbuda; Argentina; Bahamas; Bahrain; Barbados; Botswana; Brunei Darussalam; Chile; Costa Rica; Croatia; Cyprus; Czech Republic; Estonia; Faroe Islands; Greece; Greenland; Grenada; Hungary; Israel; Korea (South); Latvia; Lebanon; Libya; Macao, (Province of China); Malaysia; Malta; Mauritius; Mexico; Netherlands Antilles; New Caledonia; New Zealand; Northern Mariana Islands; Oman; Palau; Panama; Poland; Portugal; Puerto Rico; Saudi Arabia; Seychelles; Slovak Republic; Slovenia; Spain; St Kitts and Nevis; St Lucia; Taiwan (Province of China); Trinidad and Tobago; Uruguay; Venezuela; Virgin Islands.


Albania; Algeria; Belarus; Belize; Bolivia; Bosnia & Herzegovina; Brazil; Bulgaria; Cape Verde; China (Peoples Republic of); Colombia; Dominica; Dominican Republic; Ecuador; Egypt; El Salvador; Fiji; Gabon; Guatemala; Honduras; Iran; Jamaica; Jordan; Kazakhstan; Lithuania; Macedonia; Maldives; Marshall Islands; Micronesia; Morocco; Namibia; Nauru; Paraguay; Peru; Philippines; Romania; Russian Federation; Samoa; South Africa; St Vincent & The Grenadines; Suriname; Swaziland; Syrian Arab Republic; Thailand; Tonga; Tunisia; Turkey; Turkmenistan; Vanuatu; West Bank and Gaza.


Angola; Armenia; Azerbaijan; Bangladesh; Benin; Bhutan; Cameroon; Comoros; Congo (Republic of); Cote d’Ivoire; Cuba; Djibouti; Equatorial Guinea; Gambia; Georgia; Guinea; Guyana; Haiti; India; Indonesia; Iraq; Kenya; Kiribati; Lesotho; Mauritania; Moldova; Mongolia; Montenegro; Myanmar; Nicaragua; Pakistan; Papua New Guinea; Senegal; Serbia; Solomon Islands; Sri Lanka; Sudan; Timor L’Este (East Timor); Ukraine; Uzbekistan; Vietnam; Yemen; Zambia; Zimbabwe.


Afghanistan; Burkina Faso; Burundi; Cambodia; Central African Republic; Congo, (Democratic Republic of); Chad; Eritrea; Ethiopia; Ghana; Guinea-Bissau; Korea (North); Kygyz Republic; Lao; Liberia; Madagascar; Malawi; Mali; Mayotte; Mozambique; Nepal; Niger; Nigeria; Rwanda; Sao Tome and Principe; Sierra Leone; Somalia; Tajikistan; Tanzania; Togo; Uganda.

Tier 1 (General) page 23 of 25 Tier 1 (General) page 23 of 25

Annex B - Acceptable English Language Tests

Below is a list of English language tests that have been assessed as meeting the Agency’s requirements:

Test Awarded By Level/Grade Required Contact Details

A+ Education English Test

Points Based System English Test (PBSET)

Test in English for International Students

CSPS English Language Course(Advanced)

International ESOL Diploma

A+ Education

Academy of Oriental Cuisine

Britain’s Education Services

Central School of Professional Studies

City and Guilds

Level 3

65% Pass

80

40%

Expert

A+ Education20 Fitzroy StreetNewmarketSuffolkCB8 0JW

Tel: 07910 217284Fax: 01638 601552Email: [email protected]: www.apluseducation.co.uk

Academy of Oriental Cuisine LtdThe Academy BuildingFirst FloorGower StreetLeedsLS2 7PX

Tel: 0113 242 6174Fax: 0113 244 4833Email: [email protected]: www.academyoforientalcuisine.co.uk

Britain’s Education ServicesExamination Unit145-157 St. John StreetLondon EC1V 4PY

Tel: +44 (0) 870 6258 408Fax: +44 (0) 870 8259 215Website: www.teis.org.ukEmail: [email protected]

Central School of Professional Studies119 Neasden LaneDephna HouseLondonNW10 1PH

Tel: 02084537178Fax: 02084537179Email: [email protected]: www.cspsuk.com

Customer RelationsCity & Guilds1 Giltspur StreetLondonEC1A 9DD

Tel: 0207 294 2885Fax: 0207 294 2405Email: [email protected]: [email protected]: www.cityandguilds.comWebsite: www.cityandguilds.com/ieq




CSCT Standard Test for English (CSCT STEL)

English for Business Level 4

EDI Level 2 Certificate in ESOL International JETSET Level 6 (C1)

Test of English as a Foreign Language (TOEFL)

Test of English for International Communication (TOEIC)

City School of Commerce and Technology

Education Development International

Education Development International

Educational Testing Service

Educational Testing Service

Certificate in Advanced English (CAE) Level

50% Pass

50%

110-120 of the Internet Based Test

Listening 455Reading 420Speaking 180Writing 180

City School of Commerce and Technology (CSCT)412-416 Montrose HouseEastern AvenueGants HillEssexIG2 6NQ

Tel: 0208 554 3033Fax: 0560 115 1112Email: [email protected]: www.csct.org.uk

Education Development InternationalInternational HouseSiskin Parkway EastMiddlemarch Business ParkCoventryCV3 4PE

Tel: 08707 202909

Email: [email protected]: www.ediplc.com

UK OfficeTOEFL ServicesEducational Testing Service707 High RoadLondonN12 0BT

Tel: 0208 446 9944Fax: 0870 094 0654Email: [email protected]

Head OfficeTOEFL ServicesEducational Testing ServicePO Box 6151PrincetonNJ 08541-6151USA

Tel: +1 609 771 7100Fax: +1 610 290 8972Email: [email protected]: www.ets.org/toefl

TOEIC Services UK OfficeETS Europe UK707 High RoadLondonN12 0BT

Tel: 0208 446 9944Fax: 0870 094 0654Email: [email protected]: www.ets.org/toeicWebsite: www.uk.toeic.eu

Test takers can find their local TOEIC representative at www.ets.org/toeic




EIKEN Test in Practical English Proficiency

International English Language Testing System (IELTS) – General Training or Academic Module

International Legal English Certificate (ILEC)

International Certificate in Financial English (ICFE)

ESOL Skills for Life (Level 2)

Business English Certificate (BEC) Higher

Certificate of Proficiency in English (CPE)

Certificate in Advanced English (CAE)

Foundation English Language Test

Summer Study English Language Test

The Society for Testing English Proficiency (STEP) Inc

University of Cambridge ESOL Examinations







University of Hull

University of Hull

Grade 1

6.5

C1 Pass

C1 Pass

Pass

Grade C

Grade C

Grade C

65%

65%

The Society for Testing English Proficiency (STEP) Inc55 Yokodera-machi ShinjukuTokyoJapan 162-8055

Tel: +813 3266 6090Fax: +813 3266 6590Email: [email protected]: www.stepeiken.org (English)Website: www.stepeiken.or.jp (Japanese)

General EnquiriesBritish Council10 Spring GardensLondonSW1A 2BN

Tel: 0161 957 7755Fax: 0161 957 7762Email: [email protected]: www.ielts.org

General EnquiriesIDP Education AustraliaGPO Box 2006Canberra ACT 2601AustraliaTel: +61 2 6285 8222Fax: +61 2 6285 3036Email: [email protected]: www.ielts.org

HelpdeskUniversity of Cambridge ESOL Examinations1 Hills RoadCambridgeCB1 2EU

Tel: 01223 553997Fax: 01223 553621Email: [email protected]: www.cambridgeesol.org

Department of Modern LanguagesFerens BuildingThe University of HullCottingham RoadHullHU6 7RX

Tel: 01482 465900Fax: 01482 466180Email: [email protected]: www.hull.ac.uk/languages


Transitional arrangements for maintenance (funds) Normally, when applying to Tier 1 (General) from within the United Kingdom, you will have to show that you have enough funds, by sending documentation showing you have had savings of at least £800 for at least three months before applying. Because this is a new requirement and it may be difficult to prove this immediately, we have put transitional arrangements in place for applicants and their family members submitting their applications within the United Kingdom up to and including 29 June 2008. Up to 29 June 2008, you do not have to show you have had the funds for at least three months before your application. You must only show you have the required funds at the time you apply. The types of documents you need to send to support your application are detailed on p21 of this document. Until 29 June 2008, they do not need to cover the three-month period, but they must be dated no more than a month before your application. For example, if you apply under Tier 1 (General) on 12 June 2008, a single bank statement with a closing balance of £800 dated between 12 May 2008 and 12 June 2008 will meet the maintenance requirements. A bank statement dated before 12 May 2008 will not be acceptable. For applications submitted within the United Kingdom on or after 30 June 2008, you will have to meet the requirements detailed on p21 of this guidance document. Transitional arrangements for qualifications and UK experience Normally, when applying to Tier 1 (General) and claiming points for a professional qualification, you will have to show that you hold a qualification that is recognised by UK NARIC as being of a standard comparable to that of a UK degree at either Bachelor, Masters or PhD level. You may also need to show this to claim points for UK Experience for initial applications. However, at this time UK NARIC is unable to verify the full range of professional qualifications. If you are unable to find your professional qualification on the self-assessment tool you may instead provide an original letter from the appropriate UK professional body confirming your qualification is of a standard comparable to a UK degree at either Bachelor, Masters or PhD level. This letter must be original, on the official letter-headed paper or stationery of the appropriate UK professional body. It must have been issued by an authorised official of that organisation.

The letter from the UK professional body must confirm:

• The name of the qualification including the country and awarding body; • Which UK academic level it is equivalent to; and • A named contact within the appropriate UK professional body.

If you are applying to extend your leave under Tier1 from a preceding period of HSMP leave, you do not need to provide a letter of equivalency from a professional body (as outlined above), if we have previously accepted a professional qualification you hold as equivalent to UK degree level or above in your previous HSMP application.

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