What is the new ‘Points Based System’ all about?
26th May 2009 by: Jenny Chan
Individuals familiar with the UK Immigration system will have noticed that there has been a significant change to Immigration Law within the last year. As well as the Home Office changing it’s name to the UK Border Agency (UKBA), a new ‘Points Based System’ has been implemented.
The UKBA’s aim in introducing the new System is to simplify Immigration Law and for applications to be decided objectively in accordance with points scored. There is also of course a political impetus in terms of reducing the element of discretion and thereby clamping down on Immigration.
There are essentially five categories:
Tier 1 – Highly Skilled Workers, Investors, Entrepreneurs and Post Study Workers;
Tier 2 – Sponsored Skilled Workers with a Job Offer;
Tier 3 – Low Skilled Workers (not yet a live category);
Tier 4 – Students;
Tier 5 – Temporary Workers and Youth Mobility Scheme
In general, applicants must score the required points in the category they are applying under for their application to be approved. For example, in order for an applicant to satisfy the Tier 1 Category, they must be able to score a mandatory 10 points for English Language, 10 points for Maintenance and Accommodation. A further 75 points must be obtained by a combination of points scored for an applicant’s age, qualifications, previous earnings, and UK experience. In total therefore an applicant must score 95 points in order to be approved under the Tier 1 Category.
Applicants should also be aware, that apart from Tier 1, there is currently a requirement under Tiers 2, 4 and 5 that the applicant must have a Sponsor before applying to enter the UK under those Tiers. This essentially means that the employer or institution of study must be holders of a ‘Sponsorship Licence’ which allows them to issue certificates of sponsorship to applicants before they apply under the relevant Tier.
We at Seddons understand that Immigration Law is frequently changing and as a result can cause uncertainty, so if you would like to talk through any points, please contact Marvin Simons or Jenny Chan.
The UKBA’s aim in introducing the new System is to simplify Immigration Law and for applications to be decided objectively in accordance with points scored. There is also of course a political impetus in terms of reducing the element of discretion and thereby clamping down on Immigration.
There are essentially five categories:
Tier 1 – Highly Skilled Workers, Investors, Entrepreneurs and Post Study Workers;
Tier 2 – Sponsored Skilled Workers with a Job Offer;
Tier 3 – Low Skilled Workers (not yet a live category);
Tier 4 – Students;
Tier 5 – Temporary Workers and Youth Mobility Scheme
In general, applicants must score the required points in the category they are applying under for their application to be approved. For example, in order for an applicant to satisfy the Tier 1 Category, they must be able to score a mandatory 10 points for English Language, 10 points for Maintenance and Accommodation. A further 75 points must be obtained by a combination of points scored for an applicant’s age, qualifications, previous earnings, and UK experience. In total therefore an applicant must score 95 points in order to be approved under the Tier 1 Category.
Applicants should also be aware, that apart from Tier 1, there is currently a requirement under Tiers 2, 4 and 5 that the applicant must have a Sponsor before applying to enter the UK under those Tiers. This essentially means that the employer or institution of study must be holders of a ‘Sponsorship Licence’ which allows them to issue certificates of sponsorship to applicants before they apply under the relevant Tier.
We at Seddons understand that Immigration Law is frequently changing and as a result can cause uncertainty, so if you would like to talk through any points, please contact Marvin Simons or Jenny Chan.
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