What Are The Changes Made To The Tier 1 Category?

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At present if the UK Border Agency do not have all the stipulated documents to support an individual’s further leave to remain applications application under any of the Tier 1 categories, then according to their internal guidance notes,  ‘they may contact the individual to request the further documents in order to determine their case. If the individual fails to send the further documents requested, by the UK Border Agency then the individual’s application maybe refused’.

As from 13^th February 2012 the guidance notes are more resolute in relation to the above. Now if an individual does not provide the requisite documents the UK Border Agency will contact the individual/or their representative to request the further documents that are needed, in order to determine the application. This does not mean if the individual has not provided any supporting documentation to support their Tier 1 application, the UK Border Agency will provide the individual with a list of what is required. The amendments in the guidance notes, in reality are only for those individuals who have made an error in sending the documents in the incorrect format and therefore giving the individual an opportunity to correct their error.

This may seem a positive move by the UK Border Agency, however at present the UK Border Agency state on their website (13th February 2012) where the individual attended a biometric appointment on or before 12 January for applications made inside the UK under Tier 1 of the points-based system, the standard processing time is that 75 per cent of applications are determined within 4 weeks.

As the UK Border Agency are giving the opportunity for further documents to be submitted on their request, it is my opinion the percentage of applications being determined in 4 weeks will be reduced, as the UK Border Agency will have to, in essence consider the individuals application twice.

Surely it is better that all the correct information/documents are submitted in the first instance rather than waiting for the UK Border Agency to request further information/documents.

The additional amendment to the Tier 1 category is that members of the Institute of Financial Accountants are also able to provide evidence of previous earnings made whilst the individual is in the UK, this was not permitted previously.