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Points Based System Tier 2 (Skilled Worker) (INF 26)

Guidance - Points Based System Tier 2 (Skilled Worker) (INF 26)
Last updated 27 November 2008

This guidance is for applicants who are resident outside the United Kingdom.  It explains what you need to do if you are a highly skilled person wishing to come to the United Kingdom (UK) with a job offer under Tier 2 (Skilled Worker) of the Points Based System. You must have both a sponsor and a valid Certificate of Sponsorship before applying. It is only a guide but it aims to answer some common questions. There are also notes to help you to complete an application form. More comprehensive guidance is available on the UK Border Agency website, which is the definitive version, and in the event of any discrepancy overrules the information provided in this leaflet.  You should also consult this guidance if you are resident in the United Kingdom.

Important: Maintenance concession!
For four months after the date Tier 2 goes live we will accept that the maintenance requirement has been met, provided that you can show that you have the specified amount of funds available prior to the date of your application. You do not have to show that it has been in your bank account for a minimum period of three months. You must still submit supporting evidence using one of the forms specified. If you do not have sufficient funds, or do not provide the necessary evidence your application will be refused.

Guidance

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Further information

 

What is the Points Based System?

The Points Based System (PBS) is a new system for managing migration for those wishing to enter the UK for work or study.

 

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When did it start?

Tier 1 (General) Migrant of the Points Based System was launched for foreign nationals living in the UK on 29 February 2008 and replaced the Highly Skilled Migrant Programme (HSMP). On 30 June 2008 the programme was extended to include applicants resident overseas. Three further sub-tiers of Tier 1 were also rolled out for applicants either in the UK or overseas. These were Investor, Entrepreneur and Post-Study Work. Tier 2 for Skilled Workers and Tier 5 for Temporary Workers and the Youth Mobility Scheme were launched worldwide on 27 November 2008. See the companion leaflets in this series for Temporary Worker, the Youth Mobility Scheme and other PBS routes. Tier 4 (Student) is due to be phased in throughout 2009.

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What sort of employment is covered by Tier 2 (Skilled Worker)?

Tier 2 (Skilled Worker) has four categories:

  • General – for people coming to the United Kingdom with a job offer to fill a gap that cannot be filled from within the resident labour force. This category is also for applicants coming to fill shortage occupations.
  • Intra-company transfer - for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a United Kingdom based branch of the company.
  • Sportsperson - for elite sportspeople and coaches whose employment will make a significant contribution to the development of their sport at the highest level.
  • Minister of Religion – for those people coming to fill a vacancy as a Minister of Religion, Missionary, or Member of a Religious Order.

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Do I need a sponsor?

Yes. All applicants under Tier 2 (Skilled Worker) need a sponsor.  The sponsor is a UK based organisation who wishes to employ you in the United Kingdom.  In order to sponsor applicants, an employer will need to have registered as a licensed sponsor. The sponsor will need to meet the requirements for the particular category within Tier 2, and accept certain responsibilities to help with immigration control. More information is available on the UK Border Agency website. The sponsor will need to assign a Certificate of Sponsorship before you can apply for entry clearance (a visa) under Tier 2.  The Certificate of Sponsorship will act as an assurance that you are able to undertake a particular job and intend to do so.

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What is a Certificate of Sponsorship?

The Certificate of Sponsorship is not an actual certificate or paper document but is a virtual document similar to a database record.  Each Certificate of Sponsorship has a unique reference number and contains information about the job for which the Certificate of Sponsorship is being issued, as well as your personal details. Your sponsor may also need to provide you with some of the information declared when the Certificate of Sponsorship was assigned, for example, your wage.  You may need this information to accurately complete the points-based calculator and the application form.

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Where can I find out more about sponsorship?

The Tier 2 Guidance contains information about:

  • A ‘live’ Certificate of Sponsorship;
  • A ‘valid’ Certificate of Sponsorship;
  • Sponsorship duties;

and what to do if:

  • Your sponsor’s licence is suspended;
  • The UK Border Agency is taking action against your sponsor;
  • Your sponsor’s licence is withdrawn;
  • Your sponsor is taken over by another organisation and/or your employment is transferred;
  • Your Certificate of Sponsorship is withdrawn/cancelled;
  • Your sponsor does not renew his/her licence; or
  • Your employment ends before your leave to enter expires.

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Do I still need a visa if I have a Certificate of Sponsorship?

Yes.  All applicants wanting to travel to the United Kingdom under Tier 2 (Skilled Worker) will need prior entry clearance.  You will then be able to enter the United Kingdom up to 14 days before the start date for the job shown on your Certificate of Sponsorship.

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How do I apply for a visa?

First access the Self Assessment Points Calculator in order to see whether you have enough points to make a successful application. The tool will enable you to understand how you can score points and what documentary evidence you require.  If you decide to make an application, you should complete application form VAF9 with your personal details.  Depending on which country you are making your application from, you may be able to complete this on-line.  You will also need to complete Appendix 5 using the points scoring information obtained from the Self-Assessment Points Calculator. This is only available as a PDF document and must be completed manually and sent in with your supporting documents. Check our visa application centres overseas page to see if you need to apply through a visa application centre (VAC) or the British mission in your country. 

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What do I need to make my application?

  • Your passport or travel document;
  • The application forms VAF9 and Appendix 5 with all mandatory sections completed;
  • The fee as published on this website. This cannot be refunded and you must pay it in local currency;
  • Your biometric details (see below);
  • A recent passport sized photograph. (If the application is successful, the photographs provided will be reproduced on the visa vignette). Please note - photographs should measure 45mm x 35mm and be:
  • in colour taken against a white background;
  • clear and of good quality and not framed or backed;
  • printed on normal photographic paper;
  • full face and without sunglasses, hat or head covering (unless it is worn for cultural or religious reasons but the face must not be covered).
  • All documents as specified in the Tier 2 (Skilled Worker) Guidance as stated in the Immigration Rules.  If you do not submit relevant documents, your application is likely to be refused as we will be unable to award the relevant points.

Important!
You must be able to demonstrate that you have funds to support yourself and any dependants.  For the main applicant this is £800 and you will need a further £533 for each dependant accompanying you. These can either be your own funds, or your A-rated sponsor can certify that he/she will be responsible for your maintenance and also for your dependants. If you are using your own funds the money must be held in your personal bank account for a minimum period of 3 months for which you must show bank statements/other evidence immediately preceding and dated no more than 1 month prior to the date you submit your application. The balance should not fall below the required minimum at any time during the 3 month period.  If your sponsor is certifying your maintenance, you must provide written evidence of this for both yourself and your dependants.

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What are my biometric details?

Biometric details are scans of all 10 fingers and a full-face digital photograph. You will need to provide your biometric details in person. The whole procedure should take no more than 5 minutes to complete. Your visa application will not be processed until you have met this requirement. More information about biometrics is available on the Biometric data collection for visa applicants page on this website.


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What are Visa Application Centres (VACs)?

In some countries we are working with commercial companies to run Visa Application Centres. The VACs are in largely populated areas making it easier and more convenient for people to apply for a UK visa. Trained staff at each VAC deals with all visa enquiries and applications. They collect your biometric information along with the relevant fees and provide unbiased advice on the application process, including whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your application and decide whether to issue or refuse your visa. VAC staff will have no say in this decision.


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How are the points calculated?

Points are awarded for what are called 'Attributes', for which you need to score a minimum of 50 points (Appendix A of the Immigration Rules) These are acquired under the headings below, though there are different requirements for the separate sub-tiers.  See below for the specific requirements of each sub-tier.

  • Certificate of Sponsorship;
  • Prospective earnings; and
  • Qualifications

Separate points are awarded for what are known as 'Controls', given for English language ability and the availability of funds for maintenance.   As well as reaching the pass mark for the 'Attributes' you must, therefore, demonstrate that you have the level of English prescribed in Appendix B of the Immigration Rules and produce evidence of the required funds (Appendix C of the Immigration Rules).  Entry Clearance Officers will only award points for the sections for which you have indicated that you wish to claim, and for which you have supplied the required supporting evidence.  

Points scoring

Attributes 

Tier 2 (General)

  • Certificate of Sponsorship: Job in shortage occupation (50 points)

The Migration Advisory Committee will recommend a list of labour market shortages which can sensibly filled by migration.  The list of approved shortage occupations can be found on our website at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/migrantworkers.   You will only be able to claim points for a shortage occupation if your prospective job was on the shortage occupation list at the time your Certificate of Sponsorship was assigned.  You should confirm with your sponsor that your Certificate of Sponsorship will show that your job is a shortage occupation. You must work a minimum of 30 hours per week.

If you are applying in this category you will receive sufficient points to pass the ‘Attributes’ test without having to earn points for prospective earnings or qualifications.

OR

  • Certificate of Sponsorship: Resident Labour Market Test (30 points)

The Resident Labour Market Test protects the domestic labour market.  You can only come to work in the United Kingdom where there is no suitable worker from within the resident labour force to fill the job.  You should confirm with your sponsor that your Certificate of Sponsorship will show that a Resident Labour Market Test has been completed. 

and at least 20 points from Qualifications and/or Prospective earnings.

  • Qualifications (5-15 points)

You can only score points for one qualification.  To score, the qualification must meet, or exceed, the recognised standard of appropriate sub-degree level qualification (see Tier 2 guidance), Bachelors, Masters or PhD, as verified by the National Academic Recognition Information Centre for the United Kingdom (UK NARIC).  You can score the following points for your qualification:

 PhD*  15 points
 Master or Bachelors*  10 points
 Appropriate sub-degree level qualification*  5 points
Qualification below appropriate sub-degree level qualification or no qualification      0 points


* or equivalent vocational or professional qualifications

Points can be awarded for a vocational and professional qualification where it is at least the same as one of the levels above, as long as it can be verified by UK NARIC or by the appropriate United Kingdom professional body.  Points can only be awarded if we receive the specified documentary evidence of your qualification. 

See the Tier 2 Guidance for information on how qualifications are assessed and how to check qualifications, using the points-based calculator.  For professional/vocational qualifications, where you are unable to find details in the points-based calculator, you should obtain written confirmation from the UK professional body of the qualification’s equivalence to UK academic levels.

  • Prospective earnings (5-20 points)

You can claim points according to the amount of the prospective earnings offered by your sponsor.  You can score the following points for your prospective earnings:

 £24,000 or more  20 points
 £22,000 - £23,999  15 points
 £20,000 - £21,999  10 points

£17,000 - £19,999

 5 points
 Below £17,000  0 points


The salary bands above are before tax (gross) and yearly.  The salary bands also include allowances if they are part of your guaranteed salary package.  The salary must be paid in the United Kingdom. Salary comprises basic pay plus any allowances, such as London weighting, which would also be paid to a worker from within the resident labour force in similar circumstances.  It does not include other benefits, such as overtime, bonus or incentive pay, travel and subsistence (including travel to and from the source country.  If you will be working in the United Kingdom for less than 12 months you should claim the appropriate points for your projected annual earnings.  If you will be working part time you will not be able to project your earnings to full time hours and will only be able to claim points for your actual earnings. 

We will only award points for contractual hours up to a maximum 48 hour working week, even if you will be working more than 48 hours per week.  You should ask your sponsor to confirm that the salary details are entered on your Certificate of Sponsorship.

You must report any discrepancy between your actual wage and the wage stated on your application form to the UK Border Agency Intelligence Unit on workabuse@homeoffice.gsi.gov.uk or Sponsor Licensing Unit on sponsorlicensing@ind.homeoffice.gsi.gov.uk.  Other ways of contacting these units can be found in the Tier 2 Guidance. You only need to inform the Agency of any discrepancy at the end of each year, or at the end of your contract, whichever comes first.  If you fail to notify us of any discrepancy and one is discovered, you may be held jointly liable with your sponsor, and have action taken against you.

Tier 2 (Intra-Company Transfer)

  • Certificate of Sponsorship (30 points)

This category is to allow applicants to transfer from their overseas organisation to a skilled post in a United Kingdom-based branch of the same company.  To claim points as an Intra-Company Transferee, you must have worked for the overseas branch of the organisation for at least six months. You should confirm with your sponsor that your Certificate of Sponsorship will show that you are an Intra-Company Transferee.

and at least 20 points from Qualifications and/or Prospective earnings – Please see above under Tier 2 (General). 

EXCEPT

  • Under Prospective earnings

Salary may be paid in the United Kingdom or overseas.  We will take account of:

  1. basic pay (i.e. excluding overtime); and
  2. allowances (i.e. including daily payments to cover additional cost of living whilst in the UK but not including expenses to cover travel between the source country and the UK).  However, in the case of allowances made available solely for the purpose of accommodation, and whether such allowances are made available in cash or in kind, this element of the salary package does not account for more than 30% of the total gross salary package.

Tier 2 (Sportsperson)

  • Certificate of Sponsorship (50 points)

This category is for elite sportspeople and coaches who are internationally established at the highest level.  In order to claim points you must have a valid Certificate of Sponsorship issued by your sponsor.  Before issuing the certificate your sponsor will need an endorsement for you from the appropriate governing body for your sport.  The endorsement will confirm that:

  1. you are internationally established at the highest level; and
  2. will make a significant contribution to the development of your sport at the highest level in the United Kingdom; and
  3. the post could not be filled by a suitable European Economic Area national.

The endorsement will be obtained from the governing body by your sponsor.

Tier 2 (Minister of Religion)

  • Certificate of Sponsorship (50 points)

This category is for an applicant coming to fill a vacancy as a religious worker with a religious organisation, either as a Minister of Religion, missionary or a member of a religious order.  In order to claim points you must have a valid Certificate of Sponsorship issued by your sponsor.  The category includes anyone who acts as a minister, whether regularly or on a one-off occasion, and/or performs pastoral duties.  Other religious workers may be joining a monastic community of monks or nuns or a similar religious community involving a permanent commitment.  For examples of the duties we expect those coming in under this category to perform, please see Points Based System: guidance for employers and sponsors for guidance for sponsor application Tier 2, Tier 4 and Tier 5.

Controls:  English language

The ability to meet the required English standard is a mandatory requirement.  If you cannot do so, your 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.

If you are applying to enter the United Kingdom under Tier 2 (Intra-Company Transfer) you will NOT be required to demonstrate any English language ability.  You will only be required to do so if you apply to extend your leave to remain beyond three years. 

If you are applying to enter the United Kingdom under Tier 2 (General) or Tier 2 (Sportsperson) you are required to speak English to a certain level.  This includes being able to understand and use familiar everyday expressions and very basic phrases, to introduce yourself to others and to answer questions about very basic personal details.  This is closest to level A1 of the Council of Europe’s Common European Framework of Reference.

If you are applying to enter the United Kingdom under Tier 2 (Minister of Religion) you are required to communicate with worshippers and must have a higher level of English language than other categories in Tier 2.  This is equivalent to level B2 of the Council of Europe’s Common European Framework of Reference.

There are three ways in which you can meet the English language requirement.  You can:

  1. 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
  2. Pass an English language test that has been assessed as meeting our requirements.  These can be found on our website at: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/approvedenglishtestst2.pdf.  You must provide evidence of passing the test at the level appropriate to the category under which you are applying.  If you have any disabilities (for example, hearing difficulties) you are not exempt from the English language requirement.  You should contact a test provider for details of support that can be provided whilst sitting the test; or
  3. Hold a degree that was taught in English and is equivalent to United Kingdom Bachelors level or above.   The qualification must be recognised by the National Academic Recognition Information Centre for the United Kingdom (UK NARIC) as equivalent to the level described above.

    Where the degree was taken in a majority English speaking country (one of those in the list above, excepting Canada, but including the UK and Ireland) the Agency will assume it to have been taught in English.   Where the degree was taken in another country we will always assess it using the points-based calculator on our website. The calculator contains information from UK NARIC on whether overseas qualifications are equivalent to United Kingdom Bachelors level or higher.

You can claim points when the points based calculator confirms that the degree:

  1. meets or exceeds the equivalent level to United Kingdom Bachelors level; and
  2. was taught to a competent standard of English equivalent to the appropriate level for the category on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment (CEFR); or
  3. you include a letter with your application from your university confirming that the degree was taught in English. (This is not applicable under Tier 2 (Minister of Religion)).

You should consult the Tier 2 Guidance for information on how to check your qualification and what substitute evidence would be acceptable.

Controls:  Maintenance (Funds)

ALL applicants to Tier 2 must be able to meet the Maintenance (Funds) requirement.  

One of the requirements of this tier is that an applicant coming to the United Kingdom must be able to support himself/herself and any dependants for the entire duration of their stay in the United Kingdom without the use of public funds (that is, benefits provided by the state). An applicant who is unable to do so could face financial hardship because they will not have access to most state benefits. Even if you have attained the pass mark of 50 in the Attributes section and have the required standard of English, your application will be refused if you do not pass this requirement.  10 points are available.

For the main applicant the sum required is £800 and you will need a further £533 for each dependant accompanying you. These can either be your own funds or your sponsor can certify that he/she will be responsible for your maintenance and also for your dependants. 

  • If these are your own funds the money must be held in your personal bank account for a minimum period of 3 months for which you must show bank statements/other evidence immediately preceding and dated no more than 1 month prior to the date you submit your application.  The balance should not fall below the required minimum at any time during the 3 month period. 
  • If your sponsor is certifying that he/she will be responsible for your maintenance, they need to be A-rated and you must provide written evidence of this for both yourself and your dependants.  Please also refer to the dependants guidance which can be found on our website at: http://www.ukba.homeoffice.gov.uk/workingintheuk/.

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What supporting documents should I include with my application?

You should include originals of all documents specified and also a copy of each document. Where a document is not in English or Welsh, the original must be accompanied by a fully certified translation by a professional translator.  This translation must include details of the translator’s credentials and confirmation that it is an accurate translation of the original document.  It must also be dated and include the original signature of the translator.  If you do not provide the specified documents, we will not contact you to ask for them.  Therefore, if you fail to send the correct documents we may refuse the application.

You should provide full contact details for each document supplied.  You should also provide any information or explanation of the documentation submitted, that may assist us in our consideration.

Attributes: Certificate of Sponsorship (ALL applicants)
You will need to enter your Certificate of Sponsorship reference number on Appendix 5, the self-assessment points scoring part of the application form.

Attributes: Qualifications (Tier 2, General and Tier 2, Intra-Company Transfer only)
The Immigration Rules state that we will only award points when an applicant provides the specified evidence for the category under which he/she is applying.

Documentary evidence for those with an academic or professional/vocational qualification
Original academic certificate showing:

  1. your name;
  2. title of the award;
  3. date of the award;
  4. name of the awarding institute;

We will not accept original provisional certificates.

You will also need to verify your qualification on the UK NARIC database, or otherwise provide written confirmation from UK NARIC of your qualification’s equivalence to UK academic levels.

Where the above is not available, you should obtain written confirmation from the appropriate UK professional body of the qualification’s equivalence to UK academic levels.

Documentary evidence for those who have just graduated or when a certificate is no longer available
An original academic reference from the institute awarding the degree showing:

  1. your name;
  2. title of the award;
  3. date of award confirming that it has been/will be awarded; and
  4. date certificate will be issued (if you have not yet graduated) or confirmation that the institute is unable to reissue the original certificate or award

and
An academic transcript on the institute’s official paper showing:

  1. your name;
  2. name of the academic institute;
  3. course title;
  4. confirmation of award.

If you are unable to provide your original certificate, for one of the reasons given above, and are claiming points for a qualification with a significant research bias, and are unable to provide an academic transcript, we will accept an academic reference alone.  This must include all the information detailed above.

You should consult the Tier 2 Guidance for further information and what to do if your qualifications cannot be found on the points-based calculator on http://www.ukba.homeoffice.gov.uk/workingintheuk/pointsbasedsystem/applying. 

Your qualifications will be assessed against the data held on the UK NARIC database.  You should therefore check UK NARIC and confirm that you successfully did so.  If you are unable to find details of your qualification on UK NARIC you should contact them for an assessment of the level of your qualification.  If this is confirmed to be of the required level, please request a confirmation certificate and enclose this with your application.

Professional/Vocational qualifications
If you are unable to find details of your professional/vocational qualification on the points-based calculator, in addition to the documents listed above, you should submit an original letter from the appropriate UK professional body confirming the equivalence to UK academic level of your qualification.  This must show:

  1. the name of the qualification, including the country and awarding body; and
  2. confirmation of which UK academic level the qualification is equivalent to.

Attributes: Prospective earnings (Tier 2, General and Tier 2, Intra-Company Transfer only)
You should ask your sponsor to confirm the salary details are entered on the Certificate of Sponsorship.

Additional Requirement: Tier 2, Intra-Company Transfer only
You will need to provide evidence that you have worked overseas for the sponsoring organisation for at least six months prior to your application.  Only the following specified documents will be accepted as evidence of this requirement:

A.  Payslips
These should be either formal pay slips or on company headed paper.  On-line pay slips or those on unheaded paper will need your employer’s signature and stamp to authenticate the evidence.  The payslips must cover the whole period claimed.

OR

B.  Personal bank or building society statements covering the previous six month period immediately before the application
 The personal bank or building society statements should clearly show:

  1. your name;
  2. the account number;
  3. the date of the statement;
  4. the financial institution’s name and logo; and
  5. transactions by your sponsor covering the six month period.

The most recent statement must be dated within 1 month of the application.

Electronic bank statements from an on-line account must contain all of the above details.  You will also need to provide a supporting letter from your bank on company headed paper, confirming the authenticity of the statements.

OR

C.  Building Society/Savings account pass book covering the previous six month period immediately before the application
 The pass book should clearly show:

  1. your name;
  2. the account number;
  3. the financial institution’s name and logo; and
  4. transactions by your sponsor covering the 6 month period.

Controls: English language (NOT Tier 2 (Intra-Company Transfer))

 Documentary evidence when applicant is a national of a majority English-speaking country
If you are a national of one of the countries listed below, your passport will normally be used to establish your nationality:

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.

 Documentary evidence for English language tests
Appendix B of the Immigration Rules states that only specified documents will be accepted as evidence of this requirement.  In order to meet the requirement you will need to produce an original test result certificate showing:

  1. your name;
  2. the qualification obtained;
  3. the date of the award.

You should access the link to see which tests are acceptable.  http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/approvedenglishtestst2.pdf. 

 Documentary evidence for a degree taught in English
For this section, the country in which you took your degree determines how you qualify. 

  1. If you took your degree in one of the countries listed below, we assume the degree has been taught in English. Therefore the documentary evidence you supplied for your qualification will satisfy the English language requirement.
    Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Christopher (Kitts) and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the United States of America. The list excludes Canada because degrees in that country will not necessarily be taught in English, but with a Canadian degree you may still qualify (see below).
  2. If you took your degree in another country, we will rely on an academic database known as UK NARIC (the National Academic Recognition Information Centre) to advise us on whether the degree was taught to the standard of English required. You must provide evidence that you hold a degree which is equivalent to UK Bachelors level or higher and which was taught in English as evidence of your English language ability.

Only the following specified documents will be accepted as evidence of this requirement:

A.  Original Certificate of Award:
This document must be original and must clearly show:

  1. your name;
  2. title of the award;
  3. date of the award; and
  4. name of the awarding institute.

Please note that original provisional certificates are not acceptable. 

In all cases this document must be provided unless you are awaiting graduation or have a qualification with a significant research bias, in which case the documents will be as specified below:

B.  Original Academic Transcript:
If you are awaiting graduation but have successfully completed your degree, we can consider an original academic transcript.

The academic transcript must be on the institute’s official paper and must show the following details:

  1. your name;
  2. the name of the academic institute;
  3. the course title; and
  4. confirmation of the award.

C.  University letter
If you are unable to find your qualification on the points-based calculator you should submit a letter from your university.  The letter must be original, issued by the awarding institute on their official headed paper and include the following details (this is not applicable to Tier 2 (Minister of Religion)):

  1. your name;
  2. the title of the award;
  3. the date of the award; and
  4. confirmation that the degree was taught in English.

You should ensure that the contact details for the awarding body are current because we may need to verify the details. 

Controls: Maintenance (Funds) (all applicants)
If you are relying on your own funds:
The evidence to support personal savings of £800 for at least three months must be original on the official letter-headed paper or stationery of the organisation and have the official stamp of that organisation.  It must have been issued by an authorised official of that organisation. Evidence must be in the form of cash funds. Other accounts or financial instruments such as shares, bonds, pension funds etc, regardless of notice period are not acceptable.  If you wish to rely on a joint account as evidence of available funds, you must be named on the account along with one or more other named individual.  All evidence must be dated no more than one month before the application is submitted. Appendix C of the Immigration Rules states that only specified documents will be accepted as evidence of this requirement.

You should provide one or more of the following:

  1. building society/savings account pass book/s covering a period of 3 months ending with a date no more than 1 month prior to the date you submit your application.  The balance should not fall below the required minimum at any time during the 3 month period;
  2. personal bank or building society statements covering a period of 3 months, dated no more than 1 month prior to the date you submit your application.  The balance should not fall below the required minimum at any time during the 3 month period;
  3. letter from your bank or building society confirming level of funds and that they have been held in the  account for at least 3 months ending with a date no more than 1month prior to the date you submit your application.  The balance should not fall below the required minimum at any time during the 3 month period. This must be an original document, on the official letter-headed paper or stationery of the organisation and bear the official stamp of that organisation;
  4. letter from a financial institution regulated by the home regulator (official regulatory body for the country in which the institution operates) confirming funds and covering a 3 month period.  The letter must be dated no more than 1 month prior to the date you submit your application.  This must be an original document, on the official letter-headed paper or stationery of the organisation and bear the official stamp of that organisation;

 Building Society/Savings Account pass books 
These should clearly show:

  1. your name;
  2. your account number;
  3. the financial institution’s name and logo;
  4. transactions covering a three month period ending with a date no more than 1 month prior to the date you submit your application;
  5. that there are enough funds present in the account (the balance must always be at least £800 –plus £533 for each accompanying dependant).  The funds should not fall below the required minimum at any time during the 3 month period.

 Personal bank or Building Society statements covering the 3 month period immediately before the  application 
These should clearly show:

  1. your name;
  2. your account number;
  3. the date of the statement (dated no more than one month prior to the date you submit your application);
  4. the financial institution’s name and logo;
  5. transactions covering a three month period;
  6. that there are sufficient funds present in the account  (the balance must always be at least £800 –plus £533 for each accompanying dependant).  The funds should not fall below the required minimum at any time during the 3 month period.

Ad hoc bank statements printed on the bank’s letterhead are admissible as evidence (this excludes mini-statements from cash points).

If you wish to submit electronic bank statements from an online account these must contain all of the details listed above. In addition, you will need to provide a supporting letter from your bank, on company headed paper, confirming the authenticity of the statements provided. Alternatively, an electronic bank statement bearing the official stamp of the bank in question will be accepted.  This stamp should appear on every page of the statement.

We will not accept statements which show the balance in the account on a particular day as these documents do not show that you hold enough funds for the full period needed .

 Letters from a bank or regulated financial institution
These should clearly show:

  1. your name;
  2. your account number;
  3. the date of the letter;
  4. the financial institution’s name and logo;
  5. the amount of funds held in your account.
    that the funds of £800 have been in the bank for at least three months – plus £533 for each accompanying dependant.  The funds should not fall below the required minimum at any time during the three month period.

We will not accept letters which show the balance in the account on a particular day as these documents do not show that you hold enough funds for the full period needed.

If your sponsor is certifying your maintenance
You must provide a letter from your A-rated sponsor.  This must be on official letter-headed paper or stationery of the organisation and have the official stamp of that organisation and must show:

  1. your name;
  2. details of your dependants, if they are included;
  3. your Certificate of Sponsorship reference number;
  4. the sponsor’s name and logo; and
  5. confirmation that the sponsor has certified the maintenance.    

We will also consider your application under the General Grounds for Refusal. We will refuse your application if we find any documents are false. 

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Are there any other entry restrictions?

Yes.  You must be at least 16 years old.  If you are applying under Tier 2 (General) or Tier 2 (Intra-Company Transfer), if your sponsor is a limited company, you must not own more than 10% of its shares.

 

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How long will I be able to stay in the UK?

The visa will be issued for a maximum period of three years and one month, or the period given in the Certificate of Sponsorship plus one month, whichever is the shorter.

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Can I appeal if my application is refused?

Outside the United Kingdom a refusal of entry clearance under PBS does not attract a full right of appeal.  You can appeal only on one or more of the following grounds referred to in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:

  • that the decision is unlawful by virtue of Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities), and/or
  • that the decision is unlawful under Section 6 of the Human rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights.

However, all applicants can apply for an Administrative Review, which is a mechanism for reviewing refusal decisions.

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What is Administrative Review?

If we refuse an application for entry clearance and you think that an error has been made, you can ask us to check our decision. This is known as an Administrative Review.

The Administrative Review is free of charge.  You must ask for an Administrative Review within 28 days from the date you receive the refusal notice (GV51).  You will receive an Administrative Review Request Notice with the Refusal Notice.  You must complete this in full and send it directly to the address stated on the Request Notice.

You MUST NOT send any additional documents such as passport or supporting documents with the Administrative Review Request Notice.  If the refusal is subsequently overturned, you will be asked to send in your passport. You may request only ONE Administrative Review per refusal decision.  Any further review requests for the same refusal decision will not be accepted and will be returned to you.  However, where the Administrative Reviewer upholds the refusal but with different refusal grounds, you may request a Review limited to these new refusal grounds.

If you are in the United Kingdom you cannot apply for an Administrative Review.  

The Administrative Review will be completed within 28 days and you will be notified of the result in writing.  The result of the Review may be sent from a different Post to where the original decision was made, to ensure that the Review is independent.

For more information about this you should refer to the Tier 2 Guidance.

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Can I do supplementary work whilst I am in the UK?

You should consult the Tier 2 Guidance for information about supplementary employment, secondary employment, change of employment whilst in the United Kingdom and information on multiple entry Certificates of Sponsorship.

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Can my dependants join me in the UK?

Your husband, wife, civil partner or eligible partner and children under 18 can join you as your dependants in the UK if:

  • they have a visa for this purpose and
  • you can support them without any help from public funds.  You need £533 for each dependant accompanying or joining you in the United Kingdom, and that money will need to be in your, or their personal  bank account for a minimum of three months before the date of their application.

Partners (married, unmarried, same sex) must intend to live together and the relationship must be subsisting.  They must be maintained and accommodated in accordance with the section on Maintenance (Funds) and your partner must not intend to stay beyond any period of leave granted to you.

If your dependent child is working full-time or earning enough money to support himself/herself, it is unlikely that he/she will qualify for entry to the UK as a dependant.  Dependent children must also be able to demonstrate that they have not formed their own independent family, are unmarried and not leading an independent life.  If a dependent child has previously been married or formed a civil partnership, or lived in a relationship that is similar to marriage or civil partnership, he/she will usually be considered to have formed an independent family and will not be eligible to enter the UK as the dependant of their parents. Although dependent children may seek employment whilst in the UK they must remain financially dependent on their parent to qualify as dependants.

 

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What do my dependants need to make an application?

Your dependants will need entry clearance but will not themselves be entering the UK under the Points Based System. They will need to satisfy similar conditions to those in Paragraphs 194-199 of the Immigration Rules which can be found on the UK Border Agency website. They will need to make their application using form VAF10 either online or on paper depending upon the facilities available in the country in which they are applying. They will also need the following:

  • their passport or travel document;
  • a recent passport sized photograph (if the application is successful, the photographs provided will be reproduced on the visa vignette)
    please note - photographs should measure 45mm x 35mm and be:
    • in colour taken against a white background;
    • clear and of good quality and not framed or backed;
    • printed on normal photographic paper;
    • full face and without sunglasses, hat or other head covering (unless it is worn for cultural or religious reasons but the face must not be covered)
  • the visa fee. This cannot be refunded and they must normally pay it in the local currency of the country where they are applying;
  • their biometric details;
  • supporting documents relevant to their application.

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What supporting documents should my dependants include with their application?

Your dependants should include all the documents necessary to show that they qualify for entry to the UK as your dependants.  If they do not, we may refuse their application.

As a guide your dependants should include:

  • evidence of their relationship to you;
  • evidence that you can support them and live without needing any help from public funds, and
  • a copy of the pages from your passport showing your permission to stay, if you are already in the UK.

We will also consider their application/s under the General Grounds for Refusal. We will refuse their application/s if we find any documents are false.

 

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What fee will my dependants pay?

They will pay the same fee as you.


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What are public funds?

Under the Immigration Rules, if you want to travel to the UK, you must be able to support yourself and any dependants without claiming certain benefits.

You can find more information about public funds in the Immigration Rules on the UK Border Agency website.

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Check your visa

Please check your visa when you get it. You should make sure that:

  • your personal details are correct
  • it correctly states the purpose for which you want to come to the UK, and
  • it is valid for the date on which you want to travel. (You can ask for it to be post-dated up to three months if you do not plan to travel immediately).

If you think there is anything wrong with your visa, contact the visa application centre or visa section immediately.

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More advice and information

Please read other guidance available on this website. The full list is accessible through links on the left hand side of this page.

Full information about the Points Based System is available on the UK Border Agency website.

If you are outside the UK please contact your nearest visa application centre (VAC) or where no VAC is in operation, your nearest British mission where there is a visa section.

Where can I get immigration advice?

If you need help with your application or advice about the UK’s immigration rules and requirements, you should seek advice from a qualified immigration adviser.  In the UK these are immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC – www.oisc.gov.uk) or legally qualified professionals regulated by designated professional bodies.  The Law Societies of England, Wales, Scotland and Northern Ireland and the Insititute of Legal Executives can provide a list of Law Firms who can advise on immigration matters.  Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

For more advice and information about extending your stay once you are in the UK:

The UK Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
Phone: (+44) (0)870 606 7766 (general enquiries)
Phone: (+44) (0)870 241 0645 (application forms)
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: www.ukba.homeoffice.gov.uk

For advice on bringing personal belongings and goods into the UK contact:

HM Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Phone: (+44) (0)845 010 9000
Website: www.hmrc.gov.uk

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

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The official British Government website for visa services

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