Docstoc

Tier 1 _General_ of the Points Based System – Policy Guidance

Document Sample
Tier 1 _General_ of the Points Based System – Policy Guidance Powered By Docstoc
					                              Tier 1 (General) of the Points Based System/PBS

                                              Guidance

Last updated 09 April 2008

            Contents

            Section                                                   Paragraph

            Introduction                                                  A1

            GENERAL GUIDANCE FOR PBS APPLICANTS                           B
            Self-Assessment                                               B1
            Documentary evidence in support of applications for PBS       B2
            Verification Checks                                           B3
            Administrative Review                                         B4


            TIER 1 (GENERAL) OVERVIEW OF TERMS AND                        C
            CONDITIONS
            Overview of Terms and Conditions                              C1

            TIER 1 (GENERAL) – POINTS SCORING
            Points Scoring Requirements                                  C2.1

            Transitional Arrangements for Applicants making an           C2.4
            Initial Application

            ATTRIBUTES                                                    C3
            Date of Application                                          C3.1
            Age                                                          C3.2
            Qualifications                                               C3.8
            Previous Earnings                                            C3.20
            UK Experience                                                C3.66

            ENGLISH LANGUAGE REQUIREMENT                                  C4
            English Language Assessment                                  C4.1

            MAINTENANCE                                                   C5
            Maintenance Requirement                                      C5.1

            ANNEXES
            Previous Earnings Uplift Conversion Rates                  Annex A
            Acceptable English Language Tests                          Annex B




                                                  1
A.    INTRODUCTION

A1.   This document provides policy guidance on Tier 1 (General) of the Points
      Based System (PBS). Please note that it reflects current policy, which may be
      subject to change. It should be read in conjunction with paragraphs 245A to
      245G of the Tier 1 (General) Immigration Rules

A2.   Applicants in India who wish to apply under Tier 1 (General) should use the
      VAF9A Self-Assessment form and VAF9B Generic application form

      Guidance on completing the VAF forms is available.

      Applicants already in the UK should use the Tier 1 (General) application form
      available on the United Kingdom Border Agency (UKBA) website

      Dependants should use VAF10. Guidance on completing the Dependants
      form are also available.

A3.    Please note that the term “the Agency” used throughout this guidance refers
      to United Kingdom Border Agency. “Assessing Officer” refers to either a
      caseworker in the UK or an Entry Clearance Officer outside the UK.




                                          2
B.      GENERAL GUIDANCE FOR PBS APPLICANTS

B1.     Self-Assessment

B1.1 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.

B1.2 The Self-Assessment Tool is available on the Agency website.

B1.3 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 level of funds available to maintain themselves in
     the UK.

B1.4 The Self-Assessment Tool will provide a summary of the information
     applicants enter, the points awarded for each section and the overall score.

B1.5. This must include: Under Tier 1 (General) applicants 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 want to
     apply, and do not guarantee a successful application. The Agency makes a
     decision following receipt of your full application and supporting evidence.




                                          3
B2.    Documentary evidence in support of applications for the Points Based
       System (PBS)

B2.1 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 will be considered acceptable.

B2.2 If the specified documents are not provided, the Assessing Officer will not
     contact the applicant to request them. Therefore, failure to submit the
     specified documents may lead to refusal of the application.

B2.3   Any documentary evidence that the applicant provides should be original
       (unless otherwise stipulated).

B2.4 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.




                                          4
B3.    Verification

Documentary evidence

B3.1 What are the Immigration Rules on documents to be provided for Tier 1
     (General) applicants?

       Paragraph 245G(a) of the Immigration Rules requires an applicant to provide
       certain specified documents (see paragraphs on Attributes) prove that the
       applicant is entitled to points claimed under Tier 1 (General). If the applicant
       does not provide the specified document then the applicant will not meet the
       requirement in the Immigration Rules for which the specified document is
       required as evidence and any points claimed will not be awarded.

B3.2 What if the document provided is false?

       If a false document is provided, the application will be refused under
       paragraph 320(7A) of the Immigration Rules. The applicant does not have to
       know that a document is false for their application to be refused.

       From 1 April 2008, a person who has knowingly used a false document in a
       previous application for entry clearance will have future applications refused
       for a specified period of time.

Verification checks

B3.3   What is verification?

       Where the Entry Clearance Officer (ECO) has reasonable doubt about the
       genuineness of a document a verification check may be carried out.

B3.4   What is reasonable doubt?

       This will depend on an individual application but the decision to verify must be
       based on fact.

B3.5 Outcomes of verification checks

        Document confirmed as genuine - application to be considered as normal.
        Document confirmed as being false - application refused under paragraph
         320(7A) of the Immigration Rules. In addition, where appropriate, the
         application may also be refused on the specific rule to which the false
         document relates e.g. an application where a false bank statement is given
         as evidence of funds will be refused for lack of funds and because a false
         document was used.
        Unable to verify that document is genuine - if the verification is inconclusive
         or unsuccessful, the document will be discounted and no points will be
         awarded for points claimed. This may lead to the application being
         unsuccessful.



                                            5
B4.    Administrative Review

B4.1   What is Administrative Review?

       Administrative Review is the mechanism for reviewing refusal decisions made
       under the Points Based System (PBS) where an applicant believes an error
       has been made in the decision. The Administrative Review is free of charge.

       The Independent monitor reviews all refusals, which includes PBS, which do
       not have a full right of appeal

       Administrative Review is an entitlement but the request must be made within
       28 days from the date the refusal notice is received by the applicant. For time
       limits for making a request, see further paragraphs B4.6 and B4.7 below.

       Administrative Review is a non-statutory scheme, i.e. there is no legislation
       setting out what it covers or who is eligible to apply. The policy is contained
       in this guidance.

B4.2   What if the Administrative Review request refers to matters outside the scope
       of the Administrative Review?

       Where this occurs the matters will be dealt with under the normal complaints
       procedure. In such cases the applicant will be advised in writing.

B4.3 Who conducts the Administrative Review?

       An independent Entry Clearance Manager (ECM) will conduct the
       Administrative Review. This may mean that in some cases, an ECM from
       another post will conduct the Administrative Review. The applicant may
       receive the result of the Administrative Review from an entry clearance post
       that is different to the one that considered the original entry clearance
       application.

B4.4   Who can request an Administrative Review?

       Anyone refused entry clearance under PBS, where they believe the ECO has
       made an incorrect decision.

B4.5 How does the applicant request an Administrative Review?

       The applicant will receive the Administrative Review Request Notice with the
       entry clearance refusal notice.

       Admin Review Guidance notes
       Administrative Review Request Notice New Delhi
       Administrative Review Request Notice Mumbai
       Administrative Review Request Notice Chennai




                                           6
       The applicant must complete the Request Notice in full and send it directly to
       the address stated on the Request Notice.

       Applicants MUST NOT send any additional documents such as passport or
       supporting documents with the Administrative Review request notice. If the
       refusal is subsequently overturned, the applicant will be asked to send in their
       passport.

B4.6   What is the deadline for applying for Administrative Review?

       The applicant has 28 days from the date of receipt of the refusal notice, to
       submit a request for Administrative Review.

B4.7   What if an application is submitted late?

       Where an Administrative Review request is received outside the 28-day
       period, the administrative reviewer will consider if there are exceptional
       circumstances to accept the application outside of the deadline.

       If the Administrative Review request is late and the administrative reviewer
       decides not to perform the Administrative Review, the request notice will be
       returned to the applicant with a letter explaining why it is not being accepted).

B4.8   How many times can an applicant request an Administrative Review?

       Applicants may request only one Administrative Review per refusal decision.
       Any further review requests received for the same refusal decision will not be
       accepted. They will be returned to the applicant.

       However, where the Administrative Review upholds a refusal but with
       different refusal grounds, the applicant may request an administrative review
       of these new refusal grounds.

       If the applicant has new or further information, documents or other paperwork
       that they failed to submit with their original application, they will need to make
       a new application and pay the appropriate fee.

B4.9 How long will the Administrative Review take?

       The administrative reviewer will complete their review and notify the applicant
       in writing of their decision within 28 days from the date of receipt of the
       Administrative Review request notice.

       If, in exceptional circumstances, the administrative reviewer is unable to
       complete the Administrative Review within the 28 days, they will notify the
       applicant in writing as to when to expect a decision.

B4.10 What will the administrative reviewer look at?




                                             7
      The administrative reviewer will examine the evidence submitted with the
      original application, copies of which will be kept at the refusal post. The
      administrative reviewer may request or require new evidence either from the
      applicant or from a third party, relating to any part of the original entry
      clearance application.

      The applicant is not allowed to provide new evidence. Any new evidence will
      be disregarded unless the applicant was refused under paragraph 320 (7A) or
      320 (7B) of the Immigration Rules on General Grounds for Refusal (see
      paragraph B4.12).

      Any new evidence submitted by the applicant will be returned to the applicant
      together with the outcome of the Administrative Review.

B4.11 How are Administrative Review decisions made?

      The administrative reviewer must review all aspects of the refusal not just the
      part of the refusal, which the applicant has asked to be reviewed. They will
      check that:

            points have been correctly awarded;
            documents have been correctly assessed; and
            verification checks have been properly carried out.

      The administrative reviewer may recommend that the reason for refusal
      should be overturned, if they find that the ECO:

            failed to properly consider evidence submitted with the original
             application;
            failed to apply the Immigration Rules correctly;
            made a mistake in processing the application;
            failed to give adequate reasons for refusing entry clearance. In this
             case, the administrative reviewer will recommend the ECO serve a
             new refusal notice giving a full explanation for the refusal.

      Where the administrative reviewer recommends in line with the above, that
      the reasons for refusal should be withdrawn, the applicant may still be
      refused but with new grounds for refusal.

      The administrative reviewer will not recommend that the original decision is
      overturned simply because the applicant claims there is a fault with United
      Kingdom Border Agency's (UKBA) underlying processes or policies.

B4.12 Does Administrative Review cover General Grounds for Refusal ?

      Yes. Administrative Review will also look at refusals on the basis of “General
      Grounds for Refusal."

      Reviews of refusals made under paragraph 320 (7A) and 320 (7B) of the
      Immigration Rules


                                           8
      The applicant may submit further information with the Administrative Review
      request if the refusal is based on paragraph 320 (7A) and 320 (7B) of the
      Immigration Rules on General Grounds of Refusal.
      If an application has been refused because a false document was used or a
      false representation was made, the applicant may claim that they were
      unaware of the false documents or false representations. The refusal will still
      stand but the applicant would have to prove that they did not know that false
      documents or false representations were used, if they are not to have any
      future applications automatically refused for 10 years under paragraph 320
      (7B). Where the documents related directly to the applicant (e.g. employment
      references, qualifications or financial details), such a claim would be likely to
      fail unless the applicant has clear evidence that an error has been made (e.g.
      written confirmation from an employer, financial institution or educational
      establishment that they had supplied us with incorrect information at the time
      we verified the original documentation).

      If the administrative reviewer does accept that the applicant did not knowingly
      use false documents or false representations, the refusal will still stand but
      the applicant will not automatically have any future applications refused under
      the rule (paragraph 320(7B) where false documents or false representations
      were used.

      The applicant may submit further information with the Administrative Review
      request, if the refusal is based on paragraph 320 (7A) and 320 (7B) of the
      Immigration Rules on General Grounds for Refusal.

B4.13 Does Administrative Review cover verification?

      Yes. As part of the administrative review process the administrative reviewer
      will ensure that the ECO has followed the correct verification procedures.

B4.14 What are the possible outcomes of Administrative Review?

      There are three possible outcomes of Administrative Review:

      (1) Overturn decision and issue entry clearance;
      (2) Uphold decision, reasons for refusal remain the same;
      (3) Uphold decision, with revised reasons for refusal.
          This might occur where the administrative reviewer finds that the ECO
          made an error but with that mistake corrected or even without that
          mistake the decision to refuse was correct.

B4.15 How is the applicant informed of the result of the Administrative Review?

      Decision overturned and entry clearance to issue:
       the administrative reviewer will notify the applicant by letter and request the
      applicant's passport.

      Decision upheld and the reasons for refusal remain the same:


                                           9
         the administrative reviewer will notify the applicant by letter. The applicant
          will not be entitled to a further Administrative Review as the grounds for
          refusal has not changed.

      Decision upheld but with new reasons for refusal:
       a new refusal notice (GV51) will be served along with the Administrative
        Review letter from the administrative reviewer stating why the refusal has
        still been upheld. If there are fresh reasons for refusal which were not
        notified originally, the applicant will be able to submit a further
        Administrative Review request limited to those fresh reasons.

B4.16 Limited Right of Appeal

      The applicant can only appeal on any or all of the grounds referred to in
      section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002.
      These are that the decision is unlawful by virtue of section 19B of the Race
      Relations Act 1976 (discrimination by public authorities), and/or that the
      decision is unlawful under section 6 of the Human Rights Act 1998 (public
      authority not to act contrary to Human Rights Convention) as being
      incompatible with the appellant‟s Convention rights.

      All entry clearance applicants under the Points Based System who are
      refused will be limited to residual grounds of appeal stated above.

      The process for limited rights of appeal remains unchanged.




                                           10
          C.     TIER 1 (GENERAL) OVERVIEW OF TERMS AND CONDITIONS

          C 1.   Overview of Terms and Conditions

          C1.1 The following table explains some of the key features of the Tier 1 (General)
               route. Please refer to paragraph 245C of the Immigration Rules


                  Periods of grant:

                  Entry Clearance and Leave to For a period of 3 years
                  Remain where previous grant of
                  leave was not as a Tier 1
                  (General) participant (switching)

                                                   For a period of 2 years
                  Leave to Remain (Extension)
                  where previous grant of leave
                  was as a Tier 1 (General)
                  Migrant

                  Indefinite Leave to Remain       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 into the Tier 1 (General) route          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


                                                   11
                                            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.




                                  12
C2.   TIER 1 (GENERAL) – POINTS SCORING

Points Scoring Requirements

C2.1 Under Tier 1 (General), applicants 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).
C2.2 The points available are:

      Attributes: pass mark = 75                                         Points
                                                                         available
      For each of the following:
         Age:                                                             5-20
         Qualifications:                                                  30-50
         Previous Earnings;                                               5-45
         UK Experience;                                                     5
      Please see relevant sections below for further details.

      English Language: pass mark = 10
      Evidence to prove that the migrant speaks English to the              10
      required standard and meets the requirements of this
      guidance. Please see relevant section below for further details.
      [link to paragraph 130 below]
      Maintenance: pass mark = 10
      £2800 for applicants outside the UK and £800 for applicants           10
      already in the UK. Please see relevant section below for
      further details.

C2.3 All the requirements of the Immigration Rules have to be met.

Transitional Arrangements for Applicants making an Initial Application

C2.4 Please refer to paragraphs 245F of the Immigration Rules.

C2.5 On 29 February 2008, Tier 1 (General) of the PBS was introduced in the UK
     and the Immigration Rules for Leave to Remain as a Highly Skilled Migrant
     were 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
     28th February 2008 will be processed. Any in-country applications for HSMP
     approval letters made on or after 29th February 2008 will be returned. Current
     holders of HSMP leave who wish to apply for an extension on or after 29
     February, will need to apply under Tier 1 (General) of the PBS. We will still
     process applications for HSMP approval letters from outside the UK
     (excluding applicants from within India) until Tier 1 (General) replaces HSMP
     in all overseas countries.


                                           13
C2.6 On 1 April 2008 Tier 1 (General) of the PBS was introduced for applications
     made in India. It will be introduced for the rest of the world at a later date.
     This means that:
      Applications for HSMP approval letters sent on or before 31 March 2008
        from India will be processed;
      Applications for HSMP approval letters sent on or after 1 April from Indian
        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.

C2.7 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. 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.

C2.8 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

C2.9 Please note that HSMP Approval Letters are valid for a period of six months
     from the date of issue.




                                           14
C3.   ATTRIBUTES

Date of Application

C3.1 For applications made outside the UK, the date of application will be
     considered to be the date the fee is paid and the applicant‟s biometrics taken.
      For applications made in the UK, the date of application will, in all cases, be
      considered to be the date of postage or the date of receipt if couriered.
Age

C3.2 Please refer to Table 4 of Appendix A of the Immigration Rules);

      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

C3.3 Applicants can claim points if they are under 32 years of age at the date of
     their application.

C3.4 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

C3.5 The points can be claimed provided the applicant falls within the particular age
     band indicated above, on the date of their application.

C3.6 Points can only be awarded where the specified documentary evidence of the
     applicant‟s age has been supplied.

Documentary Requirements

C3.7 For the purposes of paragraph 245G of the Immigration Rules,
     the documents specified are as follows:

      Current valid original passport/travel document

Qualifications

C3.8 Applicants can claim points according to the level of the qualification they
     have achieved. Please refer to Table 1 of Appendix A of the Immigration
     Rules;



                                           15
Claiming Points

C3.9 Applicants can score the following points for their qualification:

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

      (*or equivalent vocational or professional qualification)

C3.10 Applicants may only score points for one qualification.

C3.11Qualifications 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.

C3.12 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.

How Qualifications are assessed

C3.13 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.

C3.14 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

C3.15 Applicants should check the level of their qualification by referring to the Self-
      Assessment Tool which can be found on the Agency website.

C3.16 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 www.naric.org.uk


                                            16
Please note that there may be a charge for this service.

C3.17 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.

C3.18 Documentary Requirements

      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.

C3.19 For the purposes of paragraph 245G 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 applicant's name; 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;


                                           17
       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 Table 2 of Appendix A of the Immigration Rules);

Earnings Period Assessed

C3.20 Applicants can claim points for previous earnings obtained from their work.

C3.21 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;

      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.

C3.22 All periods specified should be considered to refer to calendar months (i.e. 1
      January – 31 January).

C3.23 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.


                                            18
C3.24 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.

C3.25 Applicants are not required to be in continuous employment during the 12
      month period being assessed.

C3.26 Applicants may claim for a period of earnings of less than 12 months.

C3.27 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

C3.28 The full-time study provision 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.

C3.29 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.

C3.30 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.

C3.31 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.

C3.32 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

C3.33 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
      245G 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.



                                            19
      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

C3.34 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.

C3.35 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.

C3.36 A maximum period of 12 months maternity or adoption related absence can
      be discounted under these provisions.

C3.37 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.

C3.38 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.


                                          20
Documentary Requirements for Maternity/Adoption Leave

C3.39 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 245G 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



                                            21
      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

C3.40 An assessment will be made of an applicant‟s earnings.

C3.41 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.

C3.42 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.

C3.43 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

C3.44 Previous earnings derived from:

         Salaried employment; or
         Self-employed activities.


                                            22
C3.45 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.

C3.46 Earnings do not have to have been with a single employer.

C3.47 Earnings can be considered from full-time, part-time, temporary and short-
      term work.

C3.48 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.

C3.49 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

C3.50 Allowances (such as accommodation allowances, schooling allowances paid
      in respect of an applicant‟ children) will only be included in the assessment of


                                           23
      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.

C3.51 Allowances will only be accepted as earnings where they have been declared
      in the applicant‟s payslips.

Points Available for Earnings Claimed

C3.52 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 (£)

C3.53 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. This is an external website for which the Home
      Office/UKvisas is not responsible.

C3.54 Applicants should use the closing spot exchange rate which appears on
      Oanda for the last day of the period for which they have claimed earnings in
      that currency.

C3.55 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.

Adjusting Overseas Earnings

C3.56 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. Please see Table 2A of Appendix A (Attributes) to the Immigration
      Rules for a list of countries and the appropriate conversion rate.



                                           24
C3.57 The country in which the applicant has been working, rather than their
      nationality, determines the income bands against which the earnings will be
      assessed.

Documentary Requirements for Earnings Claimed

C3.58 Points for previous earnings can only be awarded where the applicant
      submits specified supporting documentary evidence with their application.

C3.59 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.

C3.60 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).

C3.61 For the purposes of paragraph 245G of the Immigration Rules, the
      documents specified are as follows:

      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.


                                          25
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 fixed 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 satisfied 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.



                                     26
      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

C3.62 Applicants should provide full contact details for each source of income
      supplied, that will allow all supporting documents to be verified if necessary.

C3.63 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 third party. In such cases, the
      name on the payment advice may differ 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 profits generated over the earnings period. Applicants should
      provide a letter from their accountant, confirming the percentage share of the
      net profit before tax of the business to which they are entitled.

Examples of Document Combinations to Provide

C3.64 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.

C3.65 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:


                                           27
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 :




                                     28
       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

C3.66 Please refer to Table 3 of Appendix A of the Immigration Rules;


C3.67 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.

C3.68 An applicant may only claim points under one or other of the above
      requirements.

C3.69 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.

C3.70 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.

Previous UK Experience (Earnings)

C3.71 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


                                           29
        The earnings, for which points were awarded under the preceding area,
         were earned in the UK.

C3.72 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.

C3.73 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)

C3.74 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.

C3.75 The qualification being relied upon may be an academic, vocational or
      qualification. It must be of a level that meets, or exceeds, the recognised
      standard of UK Bachelors degree.

C3.76 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.

C3.77 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.

C3.78 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.

C3.79 Applicants should check the level of their qualification by referring to the Self-
      Assessment Tool.

C3.80 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


                                            30
      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 UK NARIC website. Please note that there
      may be a charge for this service.

C3.81 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.

C3.82 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

C3.83 For the purposes of paragraph 245G of the Immigration Rules (UK Study),
      the documents specified are as follows:

      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.

C4. ENGLISH LANGUAGE REQUIREMENT

English Language Assessment

C4.1 Please refer to Appendix B of the Immigration Rules);




                                           31
C4.2 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.

C4.3 As such, in order to qualify an applicant must have a good knowledge of
     English and provide the specified documents to show this.

C4.4 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

C4.5 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.

C4.6 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.

C4.7 Please note that applicants who are applying for entry 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.

C4.8 Applicants who are unable to obtain 10 points in the English Language
     requirements section will not be successful in their application.

C4.9 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

C4.10 Nationals of the majority English-speaking countries (listed below) will be
      deemed to automatically meet the English Language requirement:

         Antigua and Barbuda;


                                           32
         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.

Documentary Requirements

C4.11 For the purposes of paragraph 245G of the Immigration Rules, the
      documents specified are as follows:

      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 245G 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.


                                               33
English Language Test

C4.12 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.

C4.13 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 Agency
      website in the document “PBS: Procedure to be added to the approved list of
      English Language test providers”.

C4.14 English Language tests that have been assessed as meeting the Agency‟s
      requirements are detailed in Annex B.

C4.15 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.

Documentary Requirements

C4.16 For the purposes of paragraph 245G of the Immigration Rules, the
      documents specified are as follows:

      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

C4.17 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.

C4.18 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).

C4.19 Where the degree was taken in a majority English speaking country, listed
      below, the Agency will assume it to have been taught in English:



                                             34
       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.

C4.20 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.

C4.21 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); and,

Checking qualifications

C4.22 Applicants should check their qualification by referring to the Self-Assessment
      Tool.

C4.23 Where the Self-Assessment Tool is unable to confirm these details, points will
      not be awarded for the qualification in question.

C4.24 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. Contact details for UK NARIC
      can be found on their website.
      Please note that there may be a charge for this service.

Documentary Requirements

C4.25 For the purposes of paragraph 245G of the Immigration Rules, the
      documents specified are as follows:

      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.


                                            35
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 applicant's name ;
    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.




                                     36
C5. MAINTENANCE

Maintenance Requirement

C5.1 Please refer to Appendix C of the Immigration Rules.
C5.2 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.(Potential applicants are strongly advised to research
     living costs in the UK before making an application, and to consider how long
     it might take before they are earning/receiving a regular income).

C5.3 In order to qualify for leave to remain under Tier 1 (General), applicants
     outside the UK must demonstrate that they have a minimum of £2800 in
     personal savings. In-country applicants, who will already be established in the
     UK, need a minimum of £800. Extra funds are required if an applicant wishes
     to be accompanied/joined by family members (see Dependant Policy
     Guidance for detail).

Documentary Requirements

C5.4 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 245G of the Immigration Rules,
     the documents specified are as follows:

      1. Personal bank or equivalent statements covering the 3 month period
      immediately preceding the application.
      The personal bank or equivalent 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 £2800/£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.



                                           37
2. Savings Account pass book:
The savings account 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 £2800/£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 equivalent 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 £2800/£800 have been in the bank for at least 3 months
   and the balance must always have been at least £2800/£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.




                                    38
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.

Conversion Rate – 2.3
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.

Conversion Rate – 3.2
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.

Conversion Rate – 5.3
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.

Conversion Rate – 11.4
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.




                                   39
Annex B - Acceptable English Language Tests

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

                                                Level/Grade
 Test                  Awarded By                             Contact Details
                                                Required
 A+ Education          A+ Education             Level 3       A+ Education
 English Test                                                 20 Fitzroy Street
                                                              Newmarket
                                                              Suffolk
                                                              CB8 0JW

                                                              Tel: 07910 217284
                                                              Fax: 01638 601552
                                                              Email: info@apluseducation.co.uk
                                                              Website: www.apluseducation.co.uk
 Points Based          Academy of               65% Pass      Academy of Oriental Cuisine Ltd
 System English        Oriental Cuisine                       The Academy Building
 Test (PBSET)                                                 First Floor
                                                              Gower Street
                                                              Leeds
                                                              LS2 7PX

                                                              Tel: 0113 242 6174
                                                              Fax: 0113 244 4833
                                                              Email: courses_academy@yahoo.co.uk
                                                              Website:
                                                              www.academyoforientalcuisine.co.uk
 Test in English for   Britain‟s Education      80            Britain‟s Education Services
 International         Services                               31 Westdown Road
 Students                                                     Leyton
                                                              London
                                                              E15 2BZ

                                                              Tel: 0870 8965 249
                                                              Fax: 0870 803 4832
                                                              Email: exam@teis.org.uk
                                                              Website: www.teis.org.uk
 CSPS English          Central School of        40%           Central School of Professional Studies
 Language Course       Professional                           119 Neasden Lane
 (Advanced)            Studies                                Dephna House
                                                              London
                                                              NW10 1PH

                                                              Tel: 02084537178
                                                              Fax: 02084537179
                                                              Email: info@cspsuk.com
                                                              Website: www.cspsuk.com




                                           41
                                          Level/Grade
Test               Awarded By                              Contact Details
                                          Required
International      City and Guilds        Expert           Customer Relations
ESOL Diploma                                               City & Guilds
                                                           1 Giltspur Street
                                                           London
                                                           EC1A 9DD

                                                           Tel: 0207 294 2885
                                                           Fax: 0207 294 2405
                                                           Email: intcg@cityandguilds.com
                                                           Email: intops@cityandguilds.com
                                                           Website: www.cityandguilds.com
                                                           Website: www.cityandguilds.com/ieq
CSCT Standard      City School of         Certificate in   City School of Commerce and Technology
Test for English   Commerce and           Advanced         (CSCT)
(CSCT STEL)        Technology             English          412-416 Montrose House
                                          (CAE) Level      Eastern Avenue
                                                           Gants Hill
                                                           Essex
                                                           IG2 6NQ

                                                           Tel: 0208 554 3033
                                                           Fax: 0560 115 1112
                                                           Email: info@csct.org.uk
                                                           Website: www.csct.org.uk
English for        Education              50% Pass         Education Development International
Business Level 4   Development                             International House
                   International                           Siskin Parkway East
                                                           Middlemarch Business Park
                                                           Coventry
                                                           CV3 4PE

                                                           Tel: 08707 202 909
                                                           Fax: 02476 516505
                                                           Email: enquiries@ediplc.com
                                                           Website: www.ediplc.com
EDI Level 2        Education              50%
Certificate in     Development
ESOL               International
International
JETSET Level 6
(C1)




                                     42
                                            Level/Grade
Test                  Awarded By                            Contact Details
                                            Required
Test of English as    Educational Testing   110-120 of      UK Office
a Foreign             Service               the Internet    TOEFL Services
Language                                    Based Test      Educational Testing Service
(TOEFL)                                                     707 High Road
                                                            London
                                                            N12 0BT

                                                            Tel: 0208 446 9944
                                                            Fax: 0870 094 0654
                                                            Email: admin@etseurope.uk.org

                                                            Head Office
                                                            TOEFL Services
                                                            Educational Testing Service
                                                            PO Box 6151
                                                            Princeton
                                                            NJ 08541-6151
                                                            USA

                                                            Tel: +1 609 771 7100
                                                            Fax: +1 610 290 8972
                                                            Email: toefl@ets.org
                                                            Website: www.ets.org/toefl
Test of English for   Educational Testing   Listening 455   TOEIC Services UK Office
International         Service               Reading 420     ETS Europe UK
Communication                               Speaking180     707 High Road
(TOEIC)                                     Writing 180     London
                                                            N12 0BT

                                                            Tel: 0208 446 9944
                                                            Fax: 0870 094 0654
                                                            Email: admin@etseurope.uk.org
                                                            Website: www.ets.org/toeic
                                                            Website: www.uk.toeic.eu

                                                            Test takers can find their local TOEIC
                                                            representative at www.ets.org/toeic
EIKEN Test in         The Society for       Grade 1         The Society for Testing English Proficiency
Practical English     Testing English                       (STEP) Inc
Proficiency           Proficiency (STEP)                    55 Yokodera-machi Shinjuku
                      Inc                                   Tokyo
                                                            Japan 162-8055

                                                            Tel: +813 3266 6090
                                                            Fax: +813 3266 6590
                                                            Email: m-fouts@eiken.or.jp
                                                            Website: www.stepeiken.org (English)
                                                            Website: www.stepeiken.or.jp (Japanese)




                                       43
                                                 Level/Grade
Test                   Awarded By                              Contact Details
                                                 Required
International          University of             6.5           General Enquiries
English Language       Cambridge ESOL                          British Council
Testing System         Examinations                            10 Spring Gardens
(IELTS) – General                                              London
Training or                                                    SW1A 2BN
Academic Module
                                                               Tel: 0161 957 7755
                                                               Fax: 0161 957 7762
                                                               Email: general.enquiries@britishcouncil.org
                                                               Website: www.ielts.org

                                                               General Enquiries
                                                               IDP Education Australia
                                                               GPO Box 2006
                                                               Canberra ACT 2601
                                                               Australia

                                                               Tel: +61 2 6285 8222
                                                               Fax: +61 2 6285 3036
                                                               Email: info@idp.com
                                                               Website: www.ielts.org
International          University of             C1 Pass       Helpdesk
Legal English          Cambridge ESOL                          University of Cambridge ESOL Examinations
Certificate (ILEC)     Examinations                            1 Hills Road
International          University of             C1 Pass       Cambridge
Certificate in         Cambridge ESOL                          CB1 2EU
Financial English      Examinations
(ICFE)                                                         Tel: 01223 553997
ESOL Skills for Life   University of             Pass          Fax: 01223 553621
(Level 2)              Cambridge ESOL
                       Examinations
                                                               Email: esolhelpdesk@cambridgeESOL.org
ESOL for Work          University of             C1/NQF 2      Website: www.cambridgeesol.org
                       Cambridge ESOL
                       Examinations
Certificate of         University of             Grade C
Proficiency in         Cambridge ESOL
English (CPE)          Examinations
Certificate in         University of             Grade C
Advanced English       Cambridge ESOL
(CAE)                  Examinations
Business English       University of             Grade C
Certificate (BEC)      Cambridge ESOL
Vantage                Examinations
Business English       University of             Grade C
Certificate (BEC)      Cambridge ESOL
Higher                 Examinations
Foundation             University of Hull        65%           Department of Modern Languages
English Language                                               Ferens Building
Test                                                           The University of Hull
                                                               Cottingham Road
                                                               Hull
                                                               HU6 7RX
Summer Study           University of Hull        65%
English Language
                                                               Tel: 01482 465900
Test
                                                               Fax: 01482 466180
                                                               Email: langc@hull.ac.uk
                                                               Website: www.hull.ac.uk/languages




                                            44

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:90
posted:3/5/2010
language:English
pages:44