Tier 1 and HSMP cases

Although one would think that the UKBA would make it as easy as possible for Highly Skilled, and those qualifying to come to the UK under the Tier 1 points based system, such as investors, experience has taught us that it is a tightrope.

Historically, the UK has had a great deal of discretion in the way applications were handled, and although this created some uncertainties, it tended to limit the number of outragous miscarriages of justice which occurred.

However, we now have a rigid points system, where "compliance with the guidance" can in some circumstances be more important than the actual nature of the situation, or what is at stake.

The requirements for Points Based System applications, including Tier 1 (Highly skilled) Tier 2 (Sponsored Employees) and Tier 4 (Students) and Tier 5 (Young people) are subject to change, and have a certain amount of interpretation in them.

Furthermore, due to the Court cases taken by the HSMP Forum, some of those on the old Highly Skilled Migrant Programme have different rights, procedures and deadlines to those under the new schemes.