01 April 2011

Tier 1 (General) settlement earnings criteria

Those in the UK as highly skilled migrants should be aware that the criteria for settlement for Tier 1 (General) migrants have changed recently.

Migrants approaching five years in the UK under Tier 1 (General), its predecessor the HSMP or as a sponsored skilled worker, will be considering applying for indefinite leave to remain (ILR or settlement). They will need to look carefully at the level of their earnings though, as new guidance means they need to score the same points under Tier 1 (General) when they apply for ILR as they did when they obtained their last extension under that category.

Highly skilled migrants and employers should check the Tier 1 (General) ILR guidance in advance of a settlement application being anticipated so that earnings can be restructured if necessary to score sufficient points.

For more information please contact Nicolas Rollason.

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