Immigration Points System

The points-based system is the biggest shake-up of the immigration system for 45 years. The system will replace over 80 existing routes to work and study in the United Kingdom with five tiers. The system allows British businesses to recruit the skills they need from abroad while providing assurances to the British public that only those migrants we need will be able to come to the United Kingdom.

Who does the system apply to?
The points-based system only covers migrants from outside the European Economic Area (EEA) and Switzerland. If you want to employ or teach an EEA or Swiss national, you should be able to do this without needing our permission. There are some restrictions on nationals of countries that have recently joined the EEA. The section for European citizens provides more information on the rights of all EEA and Swiss nationals.

How the system will work?

Under the new system, migrants will need to pass a points-based assessment before they are given permission to enter or remain in the United Kingdom.  The system consists of five tiers.  Each tier has different point's requirements.

The number of points the migrant needs and the way the points are awarded will depend on the tier they are applying under. Points will be awarded to reflect the migrant's ability, experience and age, and when appropriate the level of need within the sector the migrant will be working.

The role of the sponsor
Migrants applying under any tier except tier 1 will need to be sponsored in order for their application to be successful. If a United Kingdom organisation wishes to recruit a migrant under tiers 2, 4 or tier 5: Temporary Workers they will have to apply to us for a sponsor licence.

Under tiers 2 and 5: Temporary Workers, the sponsor will need to be a United Kingdom based employer. Under tier 4, the sponsor will need to be a United Kingdom based educational institution.

Migrants wishing to come to the United Kingdom under Tier 5: Youth Mobility does not require a United Kingdom based employer.

You can find full details of the sponsorship duties and how you can apply to become a licensed sponsor on the sponsoring workers and sponsoring students pages.

What are the tiers?
The points-based system consists of five tiers. These are:

tier 1 - highly skilled workers, for example scientists and entrepreneurs;
tier 2 - skilled workers with a job offer, for example teachers and nurses;
tier 3 - low skilled workers filling specific temporary labour shortages, for example construction workers for a particular project;
tier 4 - students;
tier 5 - youth mobility and temporary workers for example musicians coming to play in a concert.

When will the system be introduced?
Tiers 1, 2 and 5 are now open.
Tier 3 is currently suspended.

If you would like a copy of our Immigration Points System guide please email marketing@depoel.co.uk

Top 10 things you should know about the Points Based System

The Points Based System (PBS) for economic migration to the UK is now fully operational and replaces more than 80 routes to work and study in the UK, condensing them to just 5 tiers.

With an estimated 20,000 companies in the UK employing non-EU migrant workers, it has been a race against time for employers to get up-to-speed with the new system and make all the necessary changes to comply. Failure to do so can impede employers' ability to hire non-EU migrants and put non-EU employees already on the books at risk. The UK Borders Agency, have prosecuted 1,176 companies with fines exceeding £1 million. The Government has recently listed all offending companies on their website.

Top 10 things you need to know about the Points Based System.

• 1. Tier 1 of the PBS replaces the Highly Skilled Migrant Programme (HSMP) and is designed to allow highly-skilled people to come to the UK to look for work and self-employment opportunities. Like most of the tiers, Tier 1 has several sub-categories. As of 31st March 2009, migrants are now required to hold a Master's Degree and have earned a minimum of 20,000 in the 12 months prior to starting the application process. The criteria had previously been a Bachelor Degree and a salary of 17,000. This was changed by the UK Border Agency in an attempt to combat rising unemployment.
• 2. Tier 2 of the PBS is for migrants coming into the UK with an offer for a skilled job to fill a gap in the workforce that cannot be filled by a settled worker. Under Tier 2, an employer must obtain a sponsor license to employ non-EU migrants. This will place the responsibilities of ensuring employees comply with immigration laws on the employer. This includes making necessary checks to determine migrants' entitlement to work. Failure to make these checks could result in fines of up to 10,000 per illegal worker. To mitigate liability, employers' HR procedures should follow the three-step rule to check entitlement to work:

Step 1
Original documents that demonstrate entitlement to work must be seen BEFORE the person starts employment.  This is either a single document or a combination of two documents depending on the immigration status of the employee.

Step 2
Reasonable checks must be made to ensure documents are not fraudulent.  For example: Is the person you interview the person in the passport/visa photograph; is the name and date of birth correct; is the document obviously fraudulent; can you see it has been tampered with?

Step 3

Copies of these documents must be kept in format that cannot be altered such as, paper or electronic. All employees with an expiry date on their visa need to be re-checked on an annual basis to ensure visas remain compliant.

If the document is a passport or an alternative travel document, copies of the following must be retained:

* Front cover
* Any pages containing holder's personal details including nationality
* Any pages containing holder's photograph
* Any pages containing holder's signature
* Any pages containing the date of expiry
* Any pages containing information indicating the holder's entitlement to enter and remain in the UK and undertake the work in question.

The government also requires employers to report when a migrant is not keeping to the rules of their stay in the UK.  This includes reporting small details such as a change of address. When recruiting under Tier 2, employers are required to prove there is no UK or EU national available to fill the position.  This is known as the Labour Residency Test (LRT).  Due to rising unemployment in the UK, this now includes a mandatory advert on Job Centre Plus.  Professionals listed on the Shortage Occupations List are not subject to the LRT, if you would like a copy of the list please email cdoherty@depoel.co.uk

• 1. Tier 3 was developed for the low-skilled workers filling specific temporary labour shortages such as, agricultural and seasonal work. Tier 3 is currently not being developed therefore non-EU nationals cannot be employed in any low skilled vacancy.
• 2. Under Tier 4, all colleges and universities recruiting non-EU students must apply for a sponsorship license. The college/university then issues its own student visas in the form of a certificate of acceptance.
• 3. Those in the UK on a student visa are entitled to work 20 hours per week during term time and unrestrictedly during holiday periods. On completion of a UK Bachelor Degree, the migrant can apply under Tier 1 (Post Study Worker) and work unrestrictedly for 2 years.
• 4. Tier 5 Youth Mobility Scheme has replaced the Two Year Working Holiday Schemes. Under Tier 5 migrants can work in the UK unrestrictedly for up to 2 years. Countries participating are Japan, Canada, Australia and New Zealand.
• 5. The new PBS does not in any way influence family and settlement migrants like spousal visa holders, EEA family visa holders or ancestral visa holders.
• 6. Government departments now share information regarding migrants. A Home Office official can check the National Insurance contribution records of a migrant to check if they are working according to the rules of their visa. Entry Clearance Officers can issue bans on applicants who they suspect have previously overstayed or overworked their visas.
• 7. The final and most important thing for employers to know about the PBS is that it is manageable. Non-EU migrant workers provide a rich source of scarce skills. As long as employers ensure they comply with the rules, there is no reason to not benefit from this resource.