UK IMMIGRATION SYSTEM

Feod Group is able to offer consultations on all aspects of UK immigration issues and has developed strong links and partnerships with British firms of solicitors, accredited by OISC and the Law Society (U.K.) Since 2005 Feod Group has taken aboard an in house British solicitor affording advise on British immigration for Ukrainians in the territory of Ukraine. Feod Group also cooperates with an American Immigration consultant who was a former Executive Associate Commissioner of U.S. Department of Justice and Immigration & Naturalization Service

Immigration

On Friday 29 February 2008, a new immigration system was launched to ensure that only those with the right skills or the right contribution will be able to come to the United Kingdom to work and study. it combines more than 80 pre-existing work and study routes in to the United Kingdom into five tiers, however, only Tier 1 has come into force and applications from India will be considered from 1st April 2008. On 30th June 2008 Point Based System (Tier 1) commenced in Ukraine

Below are the new U.K. immigration Tiers structure.

TIER 1: This route is for highly skilled individuals who wish to work or become self-employed in the U.K.
TIER 2: Skilled workers with a job offer to fill gaps in the U.K. labour force.
TIER 3: Low skilled workers to fill specific temporary labour shortages.
TIER 4: Students.
TIER 5: Youth mobility and temporary workers: people coming to the U.K. to fulfill primarily non-economic objectives.
EXCEPTIONS: The new system will not apply to temporary immigration solutions such as a UK visit visa, often known as a travel visa or tourist visa. UK visitor visas for tourists, due to their short term nature and the restrictions they place upon employment will continue to operate separately from the new tier immigration system and holders will not be able to switch into any of the five new tiers.
In addition, spouse immigration and dependent immigration will remain largely distinct from tier visas. The first two tiers of the system, along with the fourth tier in some circumstances, permit family immigration for an applicant’s husband, wife, civil partner, unmarried partner and/or dependent children, in a manner similar to the current dependency visa. However, the existing categories of the marriage visa, unmarried partner visa or De Facto Visa and fiance visa will continue to be available outside the new framework.

Points-based system: Tier 1 (General) highly skilled workers

This section explains how you can come to the United Kingdom or remain here under. Tier 1 (General) - highly skilled individual of points-based system to work, train or study in the United Kingdom.
Tier 1 (General) - highly skilled individual is designed to allow highly skilled people to come to the United Kingdom to look for work or self-employment opportunities.
Unlike work permits or business people schemes, you do not need a job offer or detailed business plan to apply for Tier 1 (General) - highly skilled individual. When you apply you are awarded points based on your qualifications, previous earnings, United Kingdom experience, age, English language, and available maintenance (funds).
You can only apply for Tier 1 (General) - highly skilled individuals now if you are:

• outside the United Kingdom and want to make an initial application for the Tier 1 (General) - highly skilled individual category;
• already in the United Kingdom under Tier 1 (General) - former highly skilled individuals

 

Attributes: pass mark = 95	Points available
Initial application. For each of the following: Age Qualifications	5-20 30-45
Previous Earnings;	0-75
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 required standard and meets the requirements of this guidance.	10
Maintenance: pass mark = 10
A certain amount of funds to support the migrant in the UK.	10

 

Exiting TIER1 (General) Criteria for Ukrainians Outside U.K. (Initial Application)

• Educational qualification:
PHD: 50 points
Masters Degree: 35 points
Bachelors Degree: 30 points
• Past earnings:
There are similar past earnings bands as were available in the previous HSMP but figures and the corresponding points have been changed considerably. One can claim from 0 to maximum 75 points in past earnings. The important thing is that the applicants can now use earnings from the 12 out of the last 15 months from the date of their application for HSMP while under the previous program the applicant could only make us of his earnings earned in the last 12 months.
• UK experience:
Maximum 5 points can be claimed if an applicant has claimed points under the past earnings category on the basis of the earnings earned in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK or at a UK-based overseas educational institution, for at least one full academic year.
• Age:
The maximum one can get is 20 points for being under 29 years of age while the minimum is 0 for being 40 or over. The applicants of age 30-34 can get 10 points while applicants of age 35-39 can only get 5 points.
• MBA Provision:
The applicant can still score the minimum qualifying points i.e. 75 points for completing MBA from one of the Universities enlisted in the list provided by the Home office.
• English Language:

The ability to meet the required English standard is a mandatory requirement.  If the applicant cannot meet this level, an application will be refused regardless of any points you may have scored in the Attributes section. 10 points are awarded in this section if you meet the required standard and 0 if you do not.

There are three ways in which the applicant can meet this requirement:

• be a national of a majority English speaking country on the following list - Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Christopher (Kitts) and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the United States of America or
• hold an English language qualification equivalent to the Council of Europe's Common European Framework for Language Learning level C1 (IELTS level 6.5, GCSE Grade C) or
• hold a degree that was taught in English as confirmed by the UK NARIC database as equivalent to a UK Bachelors degree.

Maintenance (Funds)

Even if the applicant has attained the pass mark of 75 in the Attributes section and has the required standard of English, an application will be refused if the Maintenance (Funds) requirement is not passed.

You must be able to support yourself for the entire duration of your stay in the UK without needing any help from public funds. In order to qualify under Tier 1 (General) Migrant you must be able to demonstrate that you have Ј2,800 for yourself and (where applicable) Ј1,600 for each dependant accompanying you and that you have held these amounts for a minimum period of 3 months immediately preceding the date you submit your application.  The balance should not fall below the required minimum at any time during the 3 month period.

Only One Review

The Home office has also reduced the number of reviews that an applicant can lodge on the refusal of his TIER 1 (General) application from two to only one.