Tiers under the points-based system
Although Tiers 2 and 5 will usually be of most relevance to potential employers of migrant workers, employers should also be aware that ‘high value’ migrants can obtain permission to work in the UK under Tier 1, which is aimed at individuals who will contribute to the UK’s productivity and growth.
Tier 4 is mainly concerned with migrant students seeking leave to enter the UK to undertake educational courses.
Tier 1:
Tier 1 migrants comprise:
- Investors;
- Entrepreneurs;
- Graduate entrepreneurs; and
- Exceptionally talented migrants
Under Tier 1, you apply for a visa in your own right, rather than through a sponsor.
You can apply for either a Tier 1 (graduate entrepreneur) visa or a Tier 1 (entrepreneur) visa. You can also first apply for a Tier 1 (graduate entrepreneur) visa and later apply for a Tier 1 (entrepreneur) visa. See Tier 1 for details of how to apply for a Tier 1 (graduate entrepreneur) visa or a Tier 1 (entrepreneur) visa.
Tier 2:
This Tier is for skilled migrant workers with job offers who are coming to the UK to fill a gap in the UK labour market. This category replaced the old work-permit system. The major categories within Tier 2 are: Tier 2 General and Tier 2 Intra Company Transfers. Each of these categories has sub-categories applying to different types of workers.
Broadly, Tier 2 General is for migrant workers who are filling jobs which are deemed (by UKVI’s ‘Standard Occupational Classification’ codes) to be a skilled occupation at or above National Framework Qualifications (NFQ) level 6, which is degree graduate level. See Assigning a CoS under Tier 2 (General) for an example of how to issue a CoS to employ a migrant worker.
Intra Company Transfers (ICT) are for migrants who have been working for multinational organisations and who are being transferred by an overseas employer to a related UK employer. See Intra Company Transfers for more information about ICTs.
Tier 4:
There are two student categories under Tier 4 of the Points Based System:
- Tier 4 (General) student – This category is for students coming to the UK for post-16 education. A Tier 4 (General) student must be at least 16 years old.
- Tier 4 (Child) student – This category is for children between 4 and 17 years old coming to the UK for their education. Tier 4 (Child) students can only study at independent schools.
If you are currently following a course leading to the award of a PhD with a Tier 4 UK sponsor, you can apply for the Doctorate Extension Scheme to stay in the UK for 12 months after your course has ended. For an example of what is required to apply for an extension, see Tier 4 (General) Doctorate Extension Scheme application.
Tier 5:
Temporary workers under Tier 5 such as:
- Creative and sporting migrants;
- Charity and religious workers; and
- Migrants under government authorised exchange, international agreement and the youth mobility scheme.
