Points-based immigration system (United Kingdom)
Encyclopedia
The points-based immigration system is the means of regulating immigration
to the United Kingdom
from outside the European Economic Area
(EEA). The scheme was phased in between 2008 and 2010. It is composed of five "tiers" which replaced all the previous work permit
s and entry schemes, including Scotland's Fresh Talent Initiative
. The system is administered by the UK Border Agency
.
The Entrepreneur subcategory is for those wishing to setup or take over a business (or businesses) in the UK that they will be actively involved in running. It grants three years leave and those applying must have over £200,000 of funds.
. Holders of postgraduate certificates and postgraduate diplomas were originally eligible to apply, but these qualifications were removed from the eligibility in April 2009.
The Post Study Work scheme combines the previous one-year International Graduates Scheme
(IGS) and two-year Fresh Talent - Working in Scotland Scheme
(FTWiSS) into a single UK-wide two-year work scheme. Those already working under the IGS can switch into the new scheme for a maximum total leave of 24 months.
The UK Border Agency
described Tier 1 (Post Study Work) as "a bridge to highly skilled or skilled work. People with Post Study Work leave are expected to
switch into another part of the points system as soon as they are able to do so".
Tier 1 (Post Study Work) was not affected by the cap on number of skilled migrants coming to the UK which was introduced on 19 July 2010,
On 26 November 2010, the Home Secretary
announced that she was consulting on closing Tier 1 (Post Study Work). This will happen in April 2012.
, humanities
, engineering and the arts
.This visa is issued for an initial maximum period of three years and four months.
This new visa sub-category was launched on July 20, 2011 and goes into practice from August 9, 2011.
employment, ministers of religion; airport-based operational ground staff, overseas qualified nurse or midwife, student union sabbatical posts, seafarers, named researchers, Jewish agency employees, and overseas representatives (news media).
There are several categories under Tier 2, these are:-
-General (Subject to annual limit of 21,700);
-Minister of Religion;
-Sports and Creative workers;
-Intra Company Transfer (ICT);
There are three sub-categories in the ICT category, these are:-
-Established staff. This route is for established, skilled employees to be transferred to the UK branch of their organisation to fill a post that cannot be filled by a settled worker.
-Graduate trainee. This route allows the transfer of recent graduate recruits to a UK branch of the organisation, for training purposes.
-Skills transfer. This route allows the transfer of new recruits to a UK branch of the organisation to acquire the skills and knowledge that they will need overseas, or to impart their specialist skills or knowledge to the UK workforce.
However, before you can apply under this category you need a valid certificate of sponsor, which can only be issued by a sponsor who is registered with the UK Border Agency.
Points Scoring
Points are awarded under the points based system for the following:
-Qualifications (this ranges from GCSE A-Level equivalents to PHD's);
-Future Expected Earnings (the salary that is received by the applicant);
-Sponsorship (the type of sponsorship you are applying under);
-English language skills;
-Available maintenance (funds used to support yourself).
All student visas are classed under Tier 4 of the points-based system. To qualify, visa applicants must have already been offered a position at an educational institution. The duration of Tier 4 visas varies, taking into account the time needed to conclude studies and attend graduation.
Tier 4 started to operate in 2009, and the final changes to this tier were implemented in February 2010.
Tier 5 began in November 2008 and covers temporary workers and youth mobility. It replaced the previous schemes of Working Holidaymaker
, au pairs, BUNAC, the Gap Year entrants concession, the Japan: Youth Exchange Scheme and the concession for research assistants to MPs.
This category comprises five sub-categories and the Youth Mobility scheme. The sub-categories are: Temporary workers - International Agreement; Temporary Workers - Charity Workers; Temporary Workers - Creative and Sporting; Temporary Workers - Religious Workers; and Temporary Workers - Government Authorised Exchange. Of the general requirements for all of these sub-categories, a major requirement is that individuals are able to come to the UK for a maximum of 12 months (except for the Youth Mobility and International Agreement Schemes where successful applicants will get 24 months) in order to seek temporary and short-term work, after which they will be expected to leave. Applicants under all Tier 5 sub-categories need to score 30 points for a valid certificate of sponsorship from a licensed UK employer (except the Youth Mobility Scheme), and 10 points for maintenance (having enough funds to support themselves in the UK) – currently this is £800.
However, before you can apply under this category you need a valid certificate of sponsor, which can only be issued by a sponsor who is registered with the UK Border Agency.
As of 23 December 2010, Tier 1 (General) was closed for overseas applications. Tier 1 (General) closed for applications in the UK (i.e. completely) on 6 April 2011. There were transitional arrangements for applications undecided by the 6 April 2011.
Tier 1 (General) applied to highly skilled potential migrants looking for a job or wishing to become self-employed
in the UK, and replaced the Highly Skilled Migrant Programme
(HSMP). Applicants to Tier 1 (General) are awarded points for attributes including age, previous or prospective salary
and qualifications. Applicants must have scored at least 80 points for primary attributes and 10 points each for English language
and had the necessary funds to ensure maintenance in the UK. Applicants did not need to have a formal job offer made by a licensed UK employer in order to apply under this category.
Tier 3 was originally designed for low-skilled workers filling specific temporary labour shortages, however it is currently suspended by the UK Government. A strong supply of labour from the European Economic Area (EEA), members of which do not require visas to work in the UK, has meant it has never been required since the points-based system was implemented in 2008.
Under the points-based system, if you are an employer or education provider who wants to act as a sponsor, you will need a licence. When you get a licence, you are added to the register of sponsors.
The register of sponsors lists the name, location and sponsor rating of every registered organisation.
Only certain organisations/employers can be eligible for licences. Licences can only be applied for if:
-The potential sponsor is a legitimate organisation working within the law in the UK;
-There are no reasons to believe that the potential sponsor is a threat to immigration control; and
-the organisation will meet its sponsorship duties.
These criteria are to ensure that those working or studying in the UK do so legally. If the potential sponsor is awarded a sponsor licence, they will be given a sponsor rating - this will be an 'A rating' or a 'B rating', and will be listed on the register. Instead of an A or B rating, Tier 4 (General) sponsors can apply for a Highly Trusted sponsor licence.
because it lacks an overall cap on the number of people who can qualify under the points criteria. There have also been concerns that, in failing to provide for the possibility of low-skilled migration from outside of the EEA, the system might cause skills shortages in sectors such as the construction industry in the run-up to the 2012 Summer Olympics
in London
.
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
from outside the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
(EEA). The scheme was phased in between 2008 and 2010. It is composed of five "tiers" which replaced all the previous work permit
Work permit (United Kingdom)
The UK Work Permit scheme was an immigration category used to encourage skilled workers to enter the United Kingdom up till November 2008, when it was replaced by the points-based immigration system...
s and entry schemes, including Scotland's Fresh Talent Initiative
Fresh Talent Initiative
The Fresh Talent Initiative is a Scottish Government policy framework to encourage people to settle in Scotland. The initiative was launched in February 2004 by then First Minister, Jack McConnell as a way of countering the 'biggest challenge facing Scotland' of its falling population.Since...
. The system is administered by the UK Border Agency
UK Border Agency
The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
.
Tier 1 (Entrepreneur)
(Open)The Entrepreneur subcategory is for those wishing to setup or take over a business (or businesses) in the UK that they will be actively involved in running. It grants three years leave and those applying must have over £200,000 of funds.
Tier 1 (Investor)
The Investor subcategory is for those who wish to invest £1,000,000 in the United Kingdom. Like the Entrepreneur type, it offers three years grant of leave.Tier 1 (Post Study Work)
Under Tier 1 (Post-study work), students who have successfully completed a degree at a UK institution can apply for permission to work in the UK for two years without needing a work permitWork permit (United Kingdom)
The UK Work Permit scheme was an immigration category used to encourage skilled workers to enter the United Kingdom up till November 2008, when it was replaced by the points-based immigration system...
. Holders of postgraduate certificates and postgraduate diplomas were originally eligible to apply, but these qualifications were removed from the eligibility in April 2009.
The Post Study Work scheme combines the previous one-year International Graduates Scheme
International Graduates Scheme
The International Graduates Scheme was a UK immigration scheme which was launched on 1 May 2007 and ended on 30 June 2008, when it was replaced by Tier 1 . It allowed non-EEA nationals who successfully complete a relevant UK degree or postgraduate qualification to work or set up a business in the...
(IGS) and two-year Fresh Talent - Working in Scotland Scheme
Fresh Talent - Working in Scotland Scheme
The Fresh Talent – Working in Scotland Scheme was a UK immigration scheme which was launched to deal with problems of population decline and skill shortages in Scotland. It ended on 29 June 2008, when it was replaced by Tier 1...
(FTWiSS) into a single UK-wide two-year work scheme. Those already working under the IGS can switch into the new scheme for a maximum total leave of 24 months.
The UK Border Agency
UK Border Agency
The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
described Tier 1 (Post Study Work) as "a bridge to highly skilled or skilled work. People with Post Study Work leave are expected to
switch into another part of the points system as soon as they are able to do so".
Tier 1 (Post Study Work) was not affected by the cap on number of skilled migrants coming to the UK which was introduced on 19 July 2010,
On 26 November 2010, the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
announced that she was consulting on closing Tier 1 (Post Study Work). This will happen in April 2012.
Tier 1 (Exceptional Talent)
The Exceptional Talent sub-category is for those who are recognised or have potential to be recognized as exceptionally talented leaders in the fields of scienceScience
Science is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...
, humanities
Humanities
The humanities are academic disciplines that study the human condition, using methods that are primarily analytical, critical, or speculative, as distinguished from the mainly empirical approaches of the natural sciences....
, engineering and the arts
ARts
aRts, which stands for analog Real time synthesizer, is an audio framework that is no longer under development. It is best known for previously being used in KDE to simulate an analog synthesizer....
.This visa is issued for an initial maximum period of three years and four months.
This new visa sub-category was launched on July 20, 2011 and goes into practice from August 9, 2011.
Tier 2
Tier 2 covers skilled workers with a job offer from a UK-based employer and was introduced in November 2008. It replaced the provisions for work permitWork permit (United Kingdom)
The UK Work Permit scheme was an immigration category used to encourage skilled workers to enter the United Kingdom up till November 2008, when it was replaced by the points-based immigration system...
employment, ministers of religion; airport-based operational ground staff, overseas qualified nurse or midwife, student union sabbatical posts, seafarers, named researchers, Jewish agency employees, and overseas representatives (news media).
There are several categories under Tier 2, these are:-
-General (Subject to annual limit of 21,700);
-Minister of Religion;
-Sports and Creative workers;
-Intra Company Transfer (ICT);
There are three sub-categories in the ICT category, these are:-
-Established staff. This route is for established, skilled employees to be transferred to the UK branch of their organisation to fill a post that cannot be filled by a settled worker.
-Graduate trainee. This route allows the transfer of recent graduate recruits to a UK branch of the organisation, for training purposes.
-Skills transfer. This route allows the transfer of new recruits to a UK branch of the organisation to acquire the skills and knowledge that they will need overseas, or to impart their specialist skills or knowledge to the UK workforce.
However, before you can apply under this category you need a valid certificate of sponsor, which can only be issued by a sponsor who is registered with the UK Border Agency.
Points Scoring
Points are awarded under the points based system for the following:
-Qualifications (this ranges from GCSE A-Level equivalents to PHD's);
-Future Expected Earnings (the salary that is received by the applicant);
-Sponsorship (the type of sponsorship you are applying under);
-English language skills;
-Available maintenance (funds used to support yourself).
Tier 4
(New upcoming restrictions to be implemented from April 2012) http://ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/march/54-student-visasAll student visas are classed under Tier 4 of the points-based system. To qualify, visa applicants must have already been offered a position at an educational institution. The duration of Tier 4 visas varies, taking into account the time needed to conclude studies and attend graduation.
Tier 4 started to operate in 2009, and the final changes to this tier were implemented in February 2010.
Tier 5
(Open)Tier 5 began in November 2008 and covers temporary workers and youth mobility. It replaced the previous schemes of Working Holidaymaker
Working holiday visa
A working holiday visa is a travel permit which allows travellers to undertake employment in the country issuing the visa for the purpose of supplementing their travel funds....
, au pairs, BUNAC, the Gap Year entrants concession, the Japan: Youth Exchange Scheme and the concession for research assistants to MPs.
This category comprises five sub-categories and the Youth Mobility scheme. The sub-categories are: Temporary workers - International Agreement; Temporary Workers - Charity Workers; Temporary Workers - Creative and Sporting; Temporary Workers - Religious Workers; and Temporary Workers - Government Authorised Exchange. Of the general requirements for all of these sub-categories, a major requirement is that individuals are able to come to the UK for a maximum of 12 months (except for the Youth Mobility and International Agreement Schemes where successful applicants will get 24 months) in order to seek temporary and short-term work, after which they will be expected to leave. Applicants under all Tier 5 sub-categories need to score 30 points for a valid certificate of sponsorship from a licensed UK employer (except the Youth Mobility Scheme), and 10 points for maintenance (having enough funds to support themselves in the UK) – currently this is £800.
However, before you can apply under this category you need a valid certificate of sponsor, which can only be issued by a sponsor who is registered with the UK Border Agency.
Tier 1 (General)
The Home Secretary announced on 23 November 2010 that the Tier 1 General route will be closed.As of 23 December 2010, Tier 1 (General) was closed for overseas applications. Tier 1 (General) closed for applications in the UK (i.e. completely) on 6 April 2011. There were transitional arrangements for applications undecided by the 6 April 2011.
Tier 1 (General) applied to highly skilled potential migrants looking for a job or wishing to become self-employed
Self-employment
Self-employment is working for one's self.Self-employed people can also be referred to as a person who works for himself/herself instead of an employer, but drawing income from a trade or business that they operate personally....
in the UK, and replaced the Highly Skilled Migrant Programme
Highly Skilled Migrant Programme
The Highly Skilled Migrant Programme was a scheme, which has now been phased out, that was designed to allow highly skilled people to immigrate into the United Kingdom to look for work or self-employment opportunities. It was different from the standard UK work permit scheme in that applicants did...
(HSMP). Applicants to Tier 1 (General) are awarded points for attributes including age, previous or prospective salary
Salary
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis....
and qualifications. Applicants must have scored at least 80 points for primary attributes and 10 points each for English language
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and had the necessary funds to ensure maintenance in the UK. Applicants did not need to have a formal job offer made by a licensed UK employer in order to apply under this category.
Tier 3
(Never used)Tier 3 was originally designed for low-skilled workers filling specific temporary labour shortages, however it is currently suspended by the UK Government. A strong supply of labour from the European Economic Area (EEA), members of which do not require visas to work in the UK, has meant it has never been required since the points-based system was implemented in 2008.
Sponsors
In order to be eligible to apply under certain categories of the Points Based System, the applicant must have a sponsor which is on the UKBA register of sponsors. The register of sponsors lists all organisations that the UK Border Agency has licensed to employ migrant workers or sponsor migrant students. On 31 March 2009, the register of sponsors replaced the register of education and training providers published by the Department for Innovation, Universities & Skills (and previously by the Department for Education and Skills).Under the points-based system, if you are an employer or education provider who wants to act as a sponsor, you will need a licence. When you get a licence, you are added to the register of sponsors.
The register of sponsors lists the name, location and sponsor rating of every registered organisation.
Only certain organisations/employers can be eligible for licences. Licences can only be applied for if:
-The potential sponsor is a legitimate organisation working within the law in the UK;
-There are no reasons to believe that the potential sponsor is a threat to immigration control; and
-the organisation will meet its sponsorship duties.
These criteria are to ensure that those working or studying in the UK do so legally. If the potential sponsor is awarded a sponsor licence, they will be given a sponsor rating - this will be an 'A rating' or a 'B rating', and will be listed on the register. Instead of an A or B rating, Tier 4 (General) sponsors can apply for a Highly Trusted sponsor licence.
Public reception
One of the justifications for the move to a new immigration system was the perceived need to restore public trust in immigration law and controls. During its introduction, The system was criticised by the then opposition Conservative PartyConservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
because it lacks an overall cap on the number of people who can qualify under the points criteria. There have also been concerns that, in failing to provide for the possibility of low-skilled migration from outside of the EEA, the system might cause skills shortages in sectors such as the construction industry in the run-up to the 2012 Summer Olympics
2012 Summer Olympics
The 2012 Summer Olympic Games, officially known as the "London 2012 Olympic Games", are scheduled to take place in London, England, United Kingdom from 27 July to 12 August 2012...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.