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Points-based immigration system (United Kingdom)

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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 permits and entry schemes, including Scotland's Fresh Talent Initiative. The system was administered by the UK Border Agency the predecessor of UK Visas and Immigration.

New UK Points Based System (Requirements)

Under the new UK points based system, which will replace the old or existing Points Based Immigration System, there will be a single immigration policy applied to all Non-EEA and EEA nationals i.e. anyone who wishes to live and work in the UK, and this is due to commence on 1 January 2021.[1]

Proposed UK Points Based System (Skilled Worker Route) (Requirements)
Requirement Tradable with other requirements Points
Offer of employment by an approved sponsor No 20
Employment at the appropriate skill level No 20
Speaks English at a sufficient level No 10
Salary between £20,480 and £23,039 Yes 0
Salary between £23,040 and £25,599 Yes 10
Salary that is £25,600 or above Yes 20
Employment in an occupation that has a shortage as designated by the Migration Advisory Committee Yes 20
Education qualification: PhD in a subject relevant to the employment Yes 10
Education qualification: PhD in a STEM subject relevant to the employment Yes 20

Applicants will require 70 points, which are made up of 50 Mandatory Points and 20 Tradeable Points, to work in the UK.[2]

UK Visa Tiers

Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur)

(Open) This category is intended for entrepreneurs who want to set up or take over an existing business (or businesses) in the UK. This route requires entrepreneurs to be actively involved in running of their businesses either as company directors or as self-employed. Entrepreneurs are allowed to be employed and work only in the businesses they are involved with.

Successful applicants are granted with three years of initial leave to remain and those applying must have access to at least £200,000. Under certain circumstances, the applicants can apply if they have access to only £50,000. The funds can be shared by up to two people where they can apply as an entrepreneurial team. The initial leave will be further extended by two years if the applicants demonstrate that they have invested the funds in their business (or businesses) and created at least two full-time positions that existed for at least 12 months during the three-year initial period.[3]

To prevent abuse of the route, all the applicants are subject to a Genuine Entrepreneur Test in which they must demonstrate the credibility and genuineness of their business (or businesses). In some cases, the applicants could be interviewed or asked to submit extra evidence.

After 5 years of leave on Tier 1 Entrepreneur, the applicants could potentially apply for Indefinite Leave to Remain (ILR) in the UK. The route allows the most successful entrepreneurs to apply for settlement within the first three-year under the Accelerated Route if they demonstrate that their business generated a turnover of at least £5m or created 10 full-time jobs for 10 people lasting 12 months or more.[4]

International students are no longer able to apply for Tier 1 (Entrepreneur) route within the UK. Instead a separate route under Tier 1 (Graduate Entrepreneur) exists in which international graduates who have been officially endorsed by either the Department for International Trade (DIT) or a UK higher education institution (HEI) can apply to remain in the UK to pursue their business ventures.[5]

On 7 March 2019, the government published immigration rule changes to close the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) routes to initial applications on 6 April 2019 and 6 July 2019 respectively. These two routes will be replaced by two new visa categories namely 'Start-up' and 'Innovator' visas. [6]

Tier 1 (Investor)

The Investor[7] subcategory is for those who wish to invest capital in the United Kingdom. In November 2014 the investment thresholds were increased to; £2,000,000, £5,000,000 or £10,000,000. The difference between the thresholds is the amount of time it takes a migrant to be eligible for Indefinite Leave to Remain. With the £2,000,000 threshold it is 5 years, with the £5,000,000 threshold it is 3 years and with the £10,000,000 threshold it is 2 years.[8] The funds must be invested in either share capital in UK companies or in UK Bonds.[8]

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 science, the humanities, engineering, medicine, digital technology or the arts. This visa is issued for an initial maximum period of five years and four months.[9]

Tier 2 will be replaced by Skilled Worker Visa Route from 01 January 2021

Skilled Worker Route under New Points Based Immigration system for the UK will replace Tier 2. The important changes are as under:

- Removal of Annual Cap

- Lowering education qualification levels to RQF 3

- Lowering of salary thresholds for New Entrants to UK Labour Market and those who will be employed in Jobs listed on Shortage Occupation List.

- Permitting switching from Tier 2 Intra Company Transfer to Skilled Worker Visa,

Tier 2[10] covers skilled workers with a job offer from a UK-based employer and was introduced in November 2008. It replaced the provisions for work permit 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).[11]

There are several categories under Tier 2, these are:-

-General (Subject to annual limit of 20,700, not including those switching to Tier 2 from within the UK);

-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.

To apply under this category a certificate of sponsorship is required.

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 Student Visa will be replaced by New Student Route under new PBI from 2021

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 which is licensed to sponsor migrants.[12] The duration of Tier 4 visas varies, taking into account the time needed to conclude studies (but not necessarily attend a graduation ceremony). Some additional time is provided after the course ends to enable the student to receive results and make a decision on whether to use those to make an additional application for further leave to remain, but the additional time may or may not be sufficient to cover graduation. New restrictions were implemented on 6 April 2012.[13] To get a full requirements and types of student visas see Border Agency website.

Tier 5

(Open) 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.[14][15]

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.

Tiers not in use

Tier 1 (General)

The Home Secretary announced on 23 November 2010 that the Tier 1 General route will be closed.[16][17] As of 23 December 2010, Tier 1 (General) was closed for overseas applications.[18] Tier 1 (General) closed for applications in the UK (i.e. completely) on 6 April 2011. There were transitional arrangements for applications undecided by 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).[19] Applicants to Tier 1 (General) are awarded points for attributes including age, previous or prospective salary and qualifications. Applicants must have scored at least 75 or 80 points (depending on the time of their initial application) for primary attributes and 10 points each for English language and had the necessary funds to ensure maintenance in the UK.[19] Applicants did not need to have a formal job offer made by a licensed UK employer in order to apply under this category.

This is an obsolete immigration route. Under the scheme, students who have successfully completed a degree at a UK institution could apply for permission to work in the UK for two years without needing a work permit. 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 combined 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 could have switched into the new scheme for a maximum total leave of 24 months.[20] 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".[21] The route was closed to all extension applicants on 6 April 2015 and subsequently fully closed to all applicants (including settlement) on 6 April 2018.[22]

Tier 1 (Post Study Work)

(Closed) The Post Study Work (PSW) visa was first introduced in 2004 especially to allow STEM graduates to remain in the UK for one year’s work experience. Over time the visa gradually became more open and more generous. The final version, called Tier 1 (Post Study Work) allowed all graduates of any discipline and any degree class to remain in the UK for up to two years in order to search for work with no restrictions on its skill level.[23]

In 2011 the Home Secretary Theresa May announced that, from April 2012, the Tier 1 (Post Study Work) visa was to be closed on the grounds that the arrangement was "far too generous" and that 39,000 students and their 8,000 dependants took up the visa "at a time when one in ten UK graduates were unemployed."[24] The route was eventually closed to all applicants on 6 April 2012.

In February 2016, the UK parliament’s Scottish affairs committee published an inquiry on the impacts of the closure of Tier 1 (Post Study Work) route on Scottish universities. The committee observed that the number of non-EU graduates moving on to work visas in Scotland after their studies has declined by 80% since 2012, and it argued that expanded post-study work rights for international students in Scotland should be reinstated. The British government formally replied on 19 October 2016 and rejected the committee’s proposals. The government argued that the existing visa options are sufficient for international students in Scotland, and noted that, "Applying different immigration rules to different parts of the UK would complicate the immigration system, harming its integrity, and cause difficulties for employers with a presence in more than one part of the UK."[25]

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). During 2018 many NHS trusts found that applications for certificates of sponsorship for doctors and nurses were refused, leaving them to rely on locum staff.[26]

Under the points-based system, an employer or education provider who wants to act as a sponsor needs a licence. When licensed, they are added to the register of sponsors. The register of sponsors lists the name, location and sponsor rating of every registered organisation.

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 could 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.[27] During its introduction, the system was criticised by the then opposition Conservative Party because it lacks an overall cap on the number of people who can qualify under the points criteria.[27] 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.[28]

The system has been criticised by the NHS Employers Organisation because NHS trusts faced a staffing crisis because plans to recruit more Filipino nurses were frustrated by the points-based immigration system. 85 applications by Newcastle upon Tyne Hospitals NHS Foundation Trust for tier 2 certificates of sponsorship were rejected between June and September 2015. The organisation wrote on behalf of the Trust, and nine others similarly placed, to the Home Secretary, Theresa May complaining that about 1000 applications had been rejected in six months, and anticipating that a further thousand would also be rejected. The Home Office responded by saying that over 1,400 tier 2 certificates of sponsorship had been issued to nurses since April 2015, but 600 had been 'returned unused.' Nurses were removed from the Shortage Occupation List on 6 April 2015, and the pay of most nurses is not sufficient to gain priority under the points based system.[29]

See also

References

  1. ^ Chambers, Richmond (19 October 2018). "UK government proposes a single immigration system". Richard Chambers (Professional Immigration Lawyer).
  2. ^ McDonald, Karl (21 February 2020). "Would you pass the UK's points-based immigration test? Rules for getting a visa under the new system". I News.
  3. ^ "Tier 1 (Entrepreneur) visa: Overview - GOV.UK". Gov.uk. Retrieved 29 August 2017.
  4. ^ "Guidance on application for UK visa as Tier 1 (Entrepreneur) - GOV.UK". Gov.uk. Retrieved 29 August 2017.
  5. ^ "Tier 1 (Graduate Entrepreneur) visa - GOV.UK". Gov.uk. Retrieved 29 August 2017.
  6. ^ "EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 7 MARCH 2019 (HC 1919)" (PDF). Gov.uk. Retrieved 7 March 2019.
  7. ^ "Investors Archived July 30, 2008, at the Wayback Machine". UK Border Agency.
  8. ^ a b "Tier 1 Investor Debate" Archived 2 April 2015 at the Wayback Machine, "Immigration Media" 9 February 2015
  9. ^ "Tier 1 (Exceptional Talent) visa". Home Office. 2 July 2015. Retrieved 12 July 2015.
  10. ^ "Sponsored skilled workers". UK Border Agency.
  11. ^ "Skilled workers under the points based system - (Tier 2): Statement of intent Archived 23 October 2008 at the Wayback Machine". UK Border Agency.
  12. ^ "UK Student Visa (Tier 4) - Info - Apply - Visa First". Visafirst.com. Retrieved 29 August 2017.
  13. ^ "Announcements - GOV.UK". ukba.homeoffice.gov.uk. Retrieved 29 August 2017.
  14. ^ "Temporary workers". UK Border Agency.
  15. ^ "Temporary workers and youth mobility under the points based system - (Tier 5): Statement of intent Archived 2008-10-23 at the UK Government Web Archive". UK Border Agency.
  16. ^ "Home Secretary: Immigration limit oral statement" (PDF). Webarchive.nationalarchives.gov.uk. 23 November 2010. Archived from the original on 10 January 2014. Retrieved 29 August 2017.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  17. ^ "Annual limit for Tier 1 and Tier 2 visa applications". webarchive.nationalarchives.gov.uk. Archived from the original on 10 January 2014. Retrieved 29 August 2017.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  18. ^ "Tier 1 (General) visa - GOV.UK". ukba.homeoffice.gov.uk. Retrieved 29 August 2017.
  19. ^ a b "The points-based system: How it works". UK Border Agency. Archived from the original on 27 December 2007. Retrieved 6 July 2014.
  20. ^ "UK Border Agency- Tier 1 (Post Study) - Transitional arrangements". UK Border Agency. Retrieved 2 August 2008.
  21. ^ "Highly skilled migrants under the points based system: Statement of intent" (PDF). Border & Immigration Agency. Archived from the original (PDF) on 9 June 2008. Retrieved 27 April 2008.
  22. ^ "Tier 1 (General) visa". Gov.uk. March 2018. Retrieved 18 March 2018.
  23. ^ "Analysis of the Points Based System : Tier 1" (PDF). Gov.uk. December 2009. Retrieved 29 August 2017.
  24. ^ "Foreign student visas: Home Secretary's statement - GOV.UK". Gov.uk. Retrieved 29 August 2017.
  25. ^ "Scotland continues to press for post-study work rights". Monitor.icef.com. 7 November 2016. Retrieved 29 August 2017.
  26. ^ "'Absolute shock' at government refusing visas for hospital doctors". Health Service Journal. 25 April 2018. Retrieved 17 June 2018.
  27. ^ a b Patrick Wintour (6 December 2007). "Smith seeks to restore trust in immigration system". The Guardian. London. Retrieved 16 March 2008.
  28. ^ "Games 'may need non-EU workers'". BBC News. 22 January 2008. Retrieved 16 March 2008.
  29. ^ "Tier 2 visa problems making NHS staffing crisis worse". Workpermit.com. 17 September 2015. Retrieved 19 September 2015.
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