Points Based System

The points-based system consists of five tiers.

Tier 1 - highly skilled workers, investors and entrepreneurs, as well as some potentially high earning graduates.   The Tier has four subcategories which reflect the kinds of people who may qualify for entry to or for leave to remain in the UK  under Tier 1.

The first is Tier 1 (General), which is for highly skilled workers and replaces the Highly Skilled Migrant Programme (HSMP). People in the UK who are in the UK  as a Highly Skilled Migrant can apply to the UKBA to “switch” to leave to remain as a Tier 1 (General) Migrant.  For full details of who may switch into Tier 1 (General) please see the page on this site for Switching to Tier 1 (General)

The second subcategory - Tier 1 (Entrepreneur) – replaces the Businesspersons route for entry and leave to remain. Similarly the third subcategory: Tier 1 (Investor) – replaces the old immigration route for Investors. The fourth subcategory: Tier 1 (Post Study Work) enables international graduates who have studied in the UK to stay on and do skilled or highly skilled work.

Legislation

 

Tier 1 has been in force since the implementation of its first subcategory by a statement of changes in the immigration rules in February of 2008.     By the end of June 2008 immigration rules covering each of the subcategories came into force.  The applicable rules are at part 6A of the immigration rules.   Tiers 2 and 5 came into force on 27 November 2008. 

Points

 

To succeed in any application for entry clearance or leave to remain under Tier 1 applicants must score a requisite number of points for respectively “Attributes”, command of the English language, and (except for those applying in the Tier 1 (Investor) category) their proven ability to maintain themselves.  How these points are made up is made clear in Appendices A, B and C of the immigration rules.

The vast bulk of the necessary points for a successful application must be scored against the Attributes criteria listed in Appendix A.

There are respective areas within Appendix A for which applicants can score points depending upon the particular subcategory of Tier 1 for which they are applying.  

Tier 1 (General) applicants score most of their points for their qualifications.  There is an ascending level of points awarded - 30 for an applicant’s Batchelor level degree qualification, 35 for a Master’s degree and 50 for a PhD.  

Thereafter up to 45 points are available for an applicant’s previous earnings (based on a 12 month period falling within the 15 months immediately preceding the application).  A further 5 points are available for UK experience (based upon earnings obtained in the UK).  Finally there is a descending scale of points awarded in respect of the applicant’s age – applicants under 28 years obtain 20 points while those aged 30 or above obtain only 5.  

Tier 1 (Entrepreneur) applicants for entry clearance score points against the money they have available to invest (a minimum of £200,000) whether it is held in a regulated financial institution, and whether it is disposable in the UK.  

Tier 1 (Entrepreneur) applicants from within the UK score points by showing that they have invested the necessary sum of money into a business or businesses in the UK, that they are registered with the UK Revenue and customs authorities, that they are engaged in business and that their investment has led to the creation of at least two new jobs or that by taking over or joining an existing UK business there has been a “net increase” in the employment provided by the business.  

Tier 1 (Investor) applicants have to show that they have at least £1 million which is disposable in the UK, or that their assets amount to at least £2 million and that they have been loaned at least £1 million which is disposable in the UK.

Tier 1 (Post-Study Work) applicants’ points for their attributes are scored against their UK obtained qualification.   

Only applicants for the investor category are exempt from the requirement to satisfy the language requirements of Appendix B and the maintenance requirements of Appendix C.  To succeed in his or her application an applicant must score 10 points against both these criteria.  Dependants

Tier 2  is for skilled workers with a job offer in the UK.   This Tier replaces the previous long standing work permits scheme, which was terminated on 26 November 2008 (except for workers from Bulgaria and Romania).  It also replaces  other immigration categories such as Ministers of Religion. It has four subcategories: General (for skilled workers), Intra Company Transfers (to enable a company which has a UK branch to transfer a worker from an overseas branch to its UK operations) Sportspeople and Ministers of Religion. All applicants have to be sponsored, which means that their employers must obtain a Sponsor Licence (please see above). 

Tier 5 is for temporary workers with a job offer from a licenced sponsor.  There are five categories of tier 5 temporary workers:creative and sporting workers; charity workers; religious workers; government authorised exchange workers; and international agreement workers.

 

 

The immigration rules provide for the family members of Tier 1 migrants to join them in the UK.  The requirements are set out in part 8 of the immigration rules at rules 319A to 319K.  

Tiers of the points based system not yet implemented

Tier 3 - low skilled workers filling specific temporary labour shortages, for example construction workers for a particular project. This Tier is currently suspended. The UKBA has not indicated when the Tier will be implemented (if ever). 

Tier 4 – students. This Tier will replace the current student route of entry to the UK. As with Tiers 2 and 5, students will have to be sponsored and so their colleges or other educational establishments have to apply for Sponsor Licences. Different visas will be issued to child and adult students. 

 

Timetable

The points-based system is being introduced in stages:

Workers

Tier 1 is now fully open. Immigration rules setting out the requirements of each of the subcategories, as well as transitional provisions for work permit holders and others, came into force over the first half of 2008, with the entire system being operational from 30 June.

Tiers 2 and 5 opened at the end of November 2008. Employers who want to be able to bring in migrant workers under  tiers 2 and 5 must apply for a sponsor licence

As indicated above Tier 3 is currently suspended.

Students

The UKBA has stated that more details about the opening date for applications under tier 4 will be announced in October 2008.  However the UKBA’s Sponsorship register is open now for applications from UK educational establishments which enrol students from beyond the European Economic Area (the “EEA”).

It should be noted that new announcements as to the areas covered in brief on this page are constantly being made by the UKBA on its website to which links are provided above.

Commentary on these developments is also provided in the articles on the Gherson site.

Gherson’s Services

Gherson offers a complete package of assistance, advice and training to UK businesses in relation to all aspects of illegal working compliance and sponsor licensing.

In relation to employees currently employed under a work permit who may have more than three months leave to remain left to run, please contact one of our team below for advice on early extension applications. 

Gherson has provided an end to end service to corporate clients and their employees for many years ensuring that work permit applications follow correct UKBA procedures and are converted into entry clearance and leave to remain endorsements which are fully compliant with all aspects of UK immigration legislation. The firm’s immigration team, which is ranked as a leader in the field by both ‘Chambers’ and ‘the Legal 500,’ has an excellent relationship with UKBA officials in the UK and entry clearance officials abroad. We will continue to provide a fully compliant service to our business clients when the new sponsorship system goes live.  

 

Information

For information as to Gherson’s services and fees please contact:-

Lisa Amos: [email protected]

or by telephone: 020 7724 4488