I don’t qualify for Tier 1, what are my options?

On March 31, 2009 the UK Border Agency changed the qualifying criteria for the Tier 1 (General) visa, increasing the minimum qualification threshold from a bachelor degree to a master degree. This has resulted in many well qualified individuals no longer qualifying for the Tier 1 (General) visa. If you are one of these people then here are some options that might be open to you:

Tier 2 Sponsored Skilled Workers
If you have a job offer from a UK based organization you may be able to pursue the Tier 2 visa. You will need to pass a points test, with points being earned for qualifications and future earnings in the UK. In addition you will need to demonstrate that you have good English language skills and that you have sufficient funds to support and maintain yourself in the UK. A Tier 2 visa can be granted for a maximum period of 3 years, during which time you can only work for your sponsoring employer.

Tier 5 Youth Mobility Scheme
Nationals of Australia, Canada, Japan and New Zealand, aged between 18-30 may be eligible to apply for the Tier 5 Youth Mobility Scheme visa. The Tier 5 visa is valid for 2 years, during which time the holder can take any employment they wish.

Sole Representatives of Overseas Firms
If you are working for an organization outside the UK that is looking to establish a UK office this could be an option for you. You will need to have been employed by the organization for a reasonable period in a senior position.

Tier 4 Student Visa
Another option is to continue your studies in the UK. You will generally be eligible for a Student Visa if you enrol in a full-time course with a registered education provider in the UK and you can demonstrate that you have sufficient funds to pay your course fees and support and accommodate yourself.

If you would like to investigate any of the above visa options please contact us on usa@smithstonewalters.com for a comprehensive eligibility assessment.

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