THE POINTS BASED SYSTEM

The new system will have 5 categories:

• Tier 1: Highly skilled individuals;
• Tier 2: Skilled workers with a job offer;
• Tier 3: Low skilled workers (to fill temporary labour shortages);
• Tier 4: Students;
• Tier 5: Youth mobility and temporary workers

For each Tier, applicants will have to score enough points to qualify. Points will be given for attributes such as qualifications, age, earnings, ..etc.

The system will be introduced gradually. Tier 1 was launched on 29 th February 2008.

TIER 1 – HIGHLY SKILLED MIGRANTS
This category is not job lead and as a result a sponsor is not required. The process will involve filing only one application whether the applicant is applying in or out of the UK. Applicants, except for post study, will be granted 3 years extendable for a further 2 years.

Tier 1 has 4 subcategories which are:

• General (Highly Skilled): this is very similar to the current HSMP scheme;
• Entrepreneurs: applicants will have to show that they have access to at least £200 000 – this subcategories will not be rolled out until 2008;
• Investors: applicants will have to show that they have a minimum of £1million in their possession – successful applicants will not be able to work whilst in the UK under this subcategory;
• Post-Study Work: this subcategory will replace the International Graduates Scheme (IGS) – successful applicants will be able to remain in the UK for 2 years – the time spent in the UK under this subcategory will not count towards ILR.

Applicants applying under Tier 1 will need to prove sufficient knowledge of the English language and they have enough funds to maintain themselves and their family in the UK without having recourse to public funds (these requirements do not apply to Investors).

TIER 2 SKILLED WORKERS WITH A JOB OFFER
To qualify applicants will be required to score 50 points. Points will be awarded based on a combination of the following attributes:

Tier 2 Required Attributes:

• qualifications,
• prospective earnings;
• and whether the role is on the shortage list or passed the resident labour market test or the applicant is an intra company transferee.

Tier 2 is a job led category which will replace the work permit scheme. To qualify the applicant will need to show that he has a job offer from a UK employer registered with the Home Office.

The role will need to be on the shortage list. If it is not, the employer will need to have advertised it and satisfied itself that there were no resident workers available to fill the position (this is often referred to as the resident labour market test). The applicant will need to be able to show that he has the relevant qualifications and experience to carry out the tasks required by the role. The salary will have to be in line with market rates. The applicant will also have to demonstrate that he has sufficient knowledge of the English Language.

The role will not need to be on the shortage list or to have been advertised when the applicant qualifies as an intra company transferee. To qualify the applicant will need to show that he has worked for the employer abroad for at least 6 months, the role requires someone with at least NVQ Level 3 qualification/or equivalent experience and that the salary offered is in line with UK market rates.

Applicants will be allowed to come to the UK for the duration of their contract up to a maximum of 3 years. This may be extendable to a further 2 years.

Tier 2 is expected to be rolled out in the fall of 2008.

TIER 3 – LOW SKILLED MIGRANT
This Tier is not expected to be introduced until the end of 2008. It is likely that there will be a quota in place and that it will be limited to certain countries with which the UK has arrangements with. It will only apply to temporary shortages.

TIER 4 – STUDENTS
Under this Tier the educational institutions will have to sponsor the students. Only institutions on the list of approved sponsors will be able to sponsor students.

TIER 5 – YOUTH MOBILITY AND TEMPORAY WORKERS
This Tier will replace the current schemes (Working Holidaymaker, BUNAC, au pairs..etc.). This route will allow applicants to come to the UK for a period of 2 years. Applicants will not be able to extend their leave in the UK or switch into a different category. It is not clear yet as to when we can expect this Tier to be rolled out.