The provisions in British immigration law relating to people coming to work or set themselves up in business have radically changed in 2008 and 2009 with the introduction of a points-based system. Different tiers within that system correspond to previous categories for workers and self employed individuals in the immigration rules.

While each of these tiers is meant to define clearly those who may benefit, the UK Border Agency has been applying rules relating to the provision of supporting evidence very strictly so extreme care must be exercised in making applications. There are also specific rules relating to the money you must have available to maintain yourself when you first arrive in the United Kingdom. Large numbers of applications in these categories which on their face ought to succeed are being refused because of the failure by applicants to provide all of the information and documentation requested or because of a failure to meet the maintenance requirements.

Special rules also apply to individuals previously granted leave to enter or remain under one of the old categories who are now seeking to extend their leave under the new system.

Tier 1 (General)—formerly the Highly Skilled Migrant Programme

If you are a highly qualified individual, with at least a Bachelors degree and a substantial salary in the country where you are currently living, you may be able to obtain permission to enter or remain in the United Kingdom in this category without any job offer from a UK-based employer. To see whether you qualify, you can administer a self-assessment test available on the UK Border Agency website.

In all the above categories, you will only be granted a limited stay to begin with, but after five years you should be able to apply for indefinite leave to stay in the UK if you still fulfil the appropriate criteria of the immigration category.

There may be other ways in which you can come to the United Kingdom on the basis of a business or self-employment and you should always seek legal advice about your particular situation.

Tier 1 (Enterpreneur) and Tier 1 (Investor)

These separate categories have been set up in the points-based system to replace the former provisions in the immigration rules relating to individuals who want to come to the United Kingdom either to set themselves up in business or to invest a substantial sum of money. Those wishing to set up in business need a minimum of £200,000 available for the establishment of that business and those who wish to come as investors need a minimum of £1,000,000 available for such investment. Various other requirements apply to each of these categories. On the UK Border Agency website you can read more about the Tier 1 (Enterpreneur) category and about the Tier 1 (Investor) category.

Tier 2 – formerly the Work Permit Scheme

Tier 2 allows a UK-based employer to employ an overseas national in a particular job so long as certain conditions are met. Only employers who have obtained a sponsorship license from the UK Border Agency to employ Tier 2 workers are eligible to take advantage of this system. You can read more about the sponsorship licensing procedure on the UK Border Agency website. An employer who has obtained such a sponsorship license may then hire overseas nationals but must usually demonstrate that they have attempted unsuccessfully to hire someone from the resident labour market. An employer must further demonstrate that there is a genuine vacancy for an employee and that the designated candidate has suitable experience and/or qualificactions. Employers employing Tier 2 workers also have a continuing responsibility to report to the UK Border Agency any relevant changes in the circumstances of such workers. If an employer issues a ‘Certificate of Sponsorship’, the employee will still need to obtain either a visa or permission from the Home Office to reside in the UK to use it.

Tier 5 – Temporary workers

This category brings together varying groups of workers seeking to come to the United Kingdom for limited periods of time. These include those working in the creative and sporting fields, religious and charity workers and those coming on various short term schemes authorised by the British government or international agreement, including youth mobility schemes (which have replaced the former Commonwealth working holidaymaker scheme). The
UK Border Agency website describes these various categories.

Business and special visitors

The UK Border Agency has also sought to designate more specifically those individuals who may use visitor's status to come to the United Kingdom on a short term basis to carry out work-related activities. For more information about these categories and the activities which they may undertake as visitors in the United Kingdom see the UK Border Agency website.

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