Jump to content

Latest news and updates

Changes to Tiers 1, 2 and 5 guidance notes and application forms


02 October 2009

On 1 October 2009 new versions of the guidance notes for Tier 1, Tier 2 and Tier 5 (Youth Mobility) and Tier 5 (Temporary Worker) applications were published.

A summary of the main changes made to the guidance notes can be found in the table below.

Guidance notes Summary of main changes
Tier 1 (General)
  • The condition which prohibits Tier 1 Migrants from taking employment as a 'Doctor in training' has been amended. Those migrants currently in the United Kingdom working as a 'Doctor in Training' with leave which is not subject to any restriction on their employment can apply to be exempted from the restriction. In order to do this they must provide the documents specified in annex D of the Guidance notes.
  • In line with the Immigration Rules change the guidance has been amended to remove the provision for migrants in full time education to claim points for earnings obtained outside of the 15 months immediately prior to their application.
Tier 1 (Entrepreneur)
  • In line with the Immigration Rules change the guidance has been amended to remove the English language requirement for those switching in country from leave as a Business person (under Paragraphs 200-210 of the Immigration Rules)
Tier 1 (Post-study Work)
  • The guidance has been amended to clarify that PGDEs are considered to be eligible for an award of points.
  • In line with the Immigration Rules change the guidance has been amended to reflect that in order to score points for 'Immigration Status' the applicant must have had valid leave, which did not prohibit them from pursuing a course of study/research, for the duration of their studies.
Tier 1 (Investor)
  • Minor changes only, in line with other Tier 1 guidance.
  • Changes to the 'Doctor in training restriction in line with the Tier 1 (General) guidance.
Tier 2
  • This guidance has been rewritten and is now presented in a new format.
  • Provision has been made for applicants applying under Tier 2 (Intra- Company Transfer) where they have been on maternity leave prior to making an application under Tier 2.
  • Provision has been made for applicants switching from Tier 1 (Post Study Work) where they have been on maternity leave prior to making an application under Tier 2.
  • The maximum 10% limit on share ownership no longer applies to Tier 2 (Intra-company transfer) applications.
  • Inclusion of 'Representatives of overseas Businesses' in the list of immigration routes from which it is possible to switch into Tier 2.
  • There are a number of minor changes to bring the migrant guidance in line with the latest version of the sponsor guidance.
Tier 5 (Temporary Worker)
  • Further guidance for applicants who are granted entry for a short period and then travel outside of the common travel area.
Tier 5 (Youth Mobility)
  • Clarification on the types of funds which can be used to demonstrate maintenance.


In addition to the changes to the guidance notes, new versions of the following application forms are also being specified for use from 1 October 2009.

Form

Previous version New version
Tier 1 (General) 04/09

10/09
Tier 1 (Entrepreneur) 04/09

10/09
Tier 1 (Investor) 04/09

10/09
Tier 1 (Post-Study Work) 04/09

10/09
Tier 2 04/09

10/09
Tier 5 (Temporary Worker) 04/09

10/09


In line with paragraph 34I of the Immigration Rules, the previous versions of each of these forms will continue to be valid for applications made up to 21 days after 1 October 2009. However applicants should be aware that any application submitted during this period will be considered under the revised Immigration Rules regardless of what version of the application form they submit.

Please note that the previous versions of the Tier 2 application forms have been consolidated into a single Tier 2 form.