Initial permission to enter or remain in the United Kingdom is given for a three year period. Those making their application under this category outside the United Kingdom must obtain an entry clearance in their home country or country of lawful residence before travelling. Certain individuals are eligible to "switch" into this category whilst in the United Kingdom and we can provide advice with regard to eligibility in particular cases.

In order to be successful under Tier One (General), individuals are required to obtain 75 points for a number of attributes, and must also satisfy the English Language and Maintenance requirements. Points will be awarded as follows:

Education

The above points will only be awarded if the qualification is deemed by the National Recognition Information Centre for the United Kingdom (UK NARIC) to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK.

Points will also be awarded for vocational and professional qualifications that are deemed by UK NARIC or the appropriate UK professional body to be equivalent to a Bachelor's or Master's degree or a PhD in the UK

The MBA provision which existed under the previous HSMP has been removed, however transitional arrangements will continue for individuals who enrolled on an eligible MBA course prior to 30th June 2008 and who submit their applications within 12 months of completing the qualification. Individuals who qualify under these transitional arrangements and make an initial application under Tier One (General) will be awarded 75 points under the attributes section.

Previous Earnings

Up to 45 points can be obtained for previous earnings over any twelve month period in the last fifteen months. The points available rise in 5 point increments, from 5 to 45, depending on the level of earnings and the country in which they were earned (lower amounts in Sterling equivalent terms being required for applicants from countries where salaries are lower).

Individuals who are currently in full-time study or have finished a full-time course within the 12 months immediately before their application can base their claim for earnings on a period of 12 months during the 15 months immediately before the period of full-time study commenced.

Individuals who have been on maternity or adoption leave during the most recent 15 month period in which they have worked can discount the period of maternity or adoption-related absence as long as the maximum absence, up to a maximum absence of 12 months.

Age

Points are awarded for individuals under 32 years old on the date of the application, as follows:

Previous UK Experience

Five extra points can be claimed if points were awarded under the previous earnings category and those earnings were made in the United Kingdom or if an individual has been in full-time study in the United Kingdom for at least one full academic year, and has been awarded a qualification at bachelor's degree level or above. The qualification should have been awarded within the last five years.

English language requirement

An individual will satisfy this requirement if one of the following is met:

• Proof of having passed an English language test
• Proof of holding a degree that was taught in English
• He/she is a national of a majority English speaking country (per the UKBA list,which does not include Canada and South Africa)

The level required to pass the English Language test is marginally higher than the previous HSMP criteria. The new standard is Level C1 of the Common European Framework for English Language Learning.

Maintenance

This is a new requirement, which didn't apply to the previous HSMP scheme. The level of funds needed to satisfy the maintenance requirement is dependent on where the application is made and whether any dependent family members are included in the application.

For applications lodged outside the UK, the main applicant will need to demonstrate funds of £2,800, which have been held continuously over a three month period. The balance must not have fallen below this level at any point during that three month period. For each dependant, further funds of £1,600 must have been held continuously over the three month period. The funds must be in the form of cash - other types of account or financial instruments such as shares, bonds, pension funds etc. (regardless of notice period) are not acceptable.

Individuals applying in the UK are required to demonstrate funds of £800 over the three month period, plus a further £533 for each dependant over the same period.

Extensions: Subject to meeting the points test at the time of submitting the extension application, a further two year period will be granted.

Indefinite leave to remain: Individuals who have spent five continuous years in the United Kingdom under Tier One (General) will usually become eligible for indefinite leave to remain, subject to meeting all the relevant criteria at the time of application. Previous leave as a Work Permit Holder, Highly Skilled Migrant, Innovator, Self Employed Lawyer, Writer, Composer or Artist can be aggregated towards the five year period. Individuals must demonstrate that they are economically active in the United Kingdom, in employment or self-employment or both.

Accompanying family members: Family members will almost always require entry clearances before travelling to the United Kingdom and these will usually be applied for at the same time as the main applicant. They can also be included in applications for extensions or indefinite leave to remain.