Immigration - A Brief Guide to the Points-Based System

The Points-Based Immigration System (PBS) replaces the previous routes to work and study in the UK for migrants from outside the European Economic Area (EEA) and Switzerland.

In addition, the Borders, Citizenship and Immigration Bill, published on 15 January 2009, lays down a radical new approach to British citizenship that will require all migrants to speak English and obey the law if they want to gain citizenship and stay permanently in the UK.

The PBS aims to ensure that only those migrants who benefit the UK - for example the highly-skilled, such as surgeons or scientists, or those who are coming to fill gaps in the labour market that cannot be met from the domestic workforce, such as teachers and nurses - can come to work or study, while introducing new measures to ensure that migrants comply with their leave to remain and go home at the end of their stay.

The system divides applicants into five categories or '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.

Migrants need to pass a points-based assessment before they are given permission to enter or remain in the UK. Each Tier has a different points requirement. 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, age and, when appropriate, the level of need within the sector in which the migrant will be working.

The Home Secretary recently announced that from 31 March 2009, employers must advertise Tier 2 skilled jobs to resident workers, through JobCentre Plus, before they can bring in a worker from outside Europe. In addition, access to Tier 1 (General) of the PBS is limited to applicants with a Master's degree and a minimum salary of £20,000.

The PBS is intended to be flexible. The Migration Advisory Committee reviews the arrangements and recommends changes to the entry criteria, when necessary, in response to changing economic circumstances.

Tiers 1, 2 and 5 are now open. From the end of March 2009, migrants in Tier 4 who wish to study in the UK must also pass a points-based assessment. See http://www.ukba.homeoffice.gov.uk/studyingintheuk/ for further information. Tier 3 is currently suspended.

Migrants applying under any Tier except Tier 1 will need to be sponsored in order for their application to be successful. If a UK organisation wishes to recruit a migrant under Tier 2 or 4, or a temporary worker under Tier 5, they must apply to the UK Border Agency for a sponsor licence. For workers under Tier 2 and for temporary workers under Tier 5, the sponsor will need to be a UK based employer. Under Tier 4, the sponsor will need to be a UK based educational institution. Migrants wishing to come to the UK as youth mobility workers under Tier 5 do not require a UK based employer.

Details of the sponsorship duties and how to apply to become a licensed sponsor can be found at http://www.ukba.homeoffice.gov.uk/ for sponsoring workers and http://www.ukba.homeoffice.gov.uk/ for sponsoring students.

If you wish to employ or teach an EEA or Swiss national, you should be able to do this without needing the permission of the UK Border Agency. There are, however, some restrictions on nationals of countries that have recently joined the EEA. For more information on the rights of all EEA and Swiss nationals, see http://www.ukba.homeoffice.gov.uk/eucitizens/.

Advice for employers on how to comply with the laws preventing illegal working in the UK can be found at http://www.ukba.homeoffice.gov.uk/employers/.

If you would like advice on any immigration matter, please contact us:

Telephone: +44 (0) 1753 486 777 (Slough Office)
Telephone: +44 (0) 1189 596031 (Reading Office)