Points-based system for workers in the UK: an introduction

In March of this year the Government introduced the first part of their new Points-Based System (PBS) to replace the old UK Work permit scheme. The idea of a points-based system is part of the 5-year strategy for asylum and immigration published in February 2005 (Controlling Our Borders – Making Migration Work for Britain, Five Year Strategy for Asylum and Immigration).

With the introduction of the points-based system the expected benefits are said to include:

• Better identifying and attracting of migrants who have most to contribute to the UK.
• A more efficient, transparent and objective application process.
• Improved compliance and reduced scope for abuse.

Generally speaking, the Borders and Immigration Agency, the arm of the Home Office that deals with immigration issues, states that the new points-based system is designed to attract the most talented workers with the skills the UK needs to remain a global leader in the fields of finance, business, and technological innovation.

The points-based system is also said to be a more straightforward procedure for applicants and employers to understand and for entry clearance officers and caseworkers to administer when assessing and deciding on the applications.

Having regard to the expanding European Union, businesses can take advantage of the now easily accessible and mobile workforce.  The ever-changing Shortage Occupation List reflects areas in business where there are gaps in resources from resident workers, but businesses themselves might identify opportunities to expand and tap into resources from workers with experience of different cultures and backgrounds which are not readily accessible or available from resident workers.

The points-based system has a five tier framework as follows:

Tier 1: Highly skilled individuals to contribute to growth and productivity and who are already in the UK;

• Those looking for highly skilled employment or are self-employed or setting up in business
• Those looking to make significant investment in the UK
• Entrepreneurs
• Post-study applicants

Tier 2: Skilled workers with a job offer to fill gaps in UK labour force. This replaces a number of existing immigration categories;

• Work permit employment, including business and commercial and sports and entertainments
• Airport-based operational ground staff
• Ministers of religion
• Training and Work Experience Scheme

Tier 3: Limited numbers of low skilled workers needed to fill temporary labour shortages;

Tier 4: Students;

Tier 5: Youth mobility and temporary workers, people allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives

• Will replace the au pair and working holiday maker schemes.

Each tier of the new points-based system have different conditions attached to them, both in terms of the requirements for granting permission to work and also in terms of dependant and settlement rights for the applicants.

Tiers 1 and 2 of the points-based system have already been launched, Tier 3 is currently suspended and Tiers 4 and 5 are due to be launched later this year.

The points-based system will come into effect in stages over the next year or so. As part of the new system, employers will need to obtain licenses which will be issued, on application and after approval, in order to apply for non-EU migrants to work in the UK.

If you are affected by any of the issues regarding the new points-based system or for further information on Immigration Law please contact Lorna Valcin on 020 8296 6846 or email Lorna.Valcin@colemans-ctts.co.uk

Colemans-ctts solicitors have offices in Manchester, Kingston and Walsall and can offer legal guidance in a wide range of areas. Email enquiries@colemans-ctts.co.uk to find out how we can help.