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POINTS BASED SYSTEM: FAQs

 

GENERAL QUERIES:

1. What are the five tiers?

2. When will I be able to apply?

3. How does the sponsorship system work?

4. What is a national of a majority English speaking country?

 

TIER 1 (General):

5. How can I apply for my dependants?

6. Can I apply if I have been on maternity / adoption leave during the last 12 months?

7. Which English Language qualifications are acceptable?

8. How much money do I need to have to satisfy the Maintenance requirement?

9. How long will I be granted entry clearance for?

10. When can I apply for indefinite leave to remain?

11. What conditions apply for Doctors in Training?

12. Can I apply if I have been in full time study during the last 12 months?

13. How many points are available for age in an extension application?

14. What transitional arrangements apply for candidates already in the UK under the HSMP?

15. What are the levels of uplift for previous earnings?

 

TIER 2 (Skilled Workers):

15. Which Immigration categories will this replace?
16. What is the Resident Labour Market Test?
17. What level of English will a candidate need to speak?
18. What is a shortage occupation?
19. How do I know if a job is at NVQ Level 3 or above?
20. Do I have to prove English Language Competence is I am coming on an Intra Company Transfer?
21. What arrangements are in place under the sub-category of Sports People?
22. What arrangements are in place for Ministers of Religion?
23. If I am granted entry under Tier 2 will I be able to undertake supplementary employment?
24. How long will I be granted leave for?

 

 

ANSWERS:

GENERAL:

1. Tier 1: For highly skilled migrants, entrepreneurs, investors, and graduate students. This is designed to replace the Highly Skilled Migrant Programme (HSMP), the Entrepreneur and Investor schemes, and the International Graduates Scheme.
   Tier 2: This is for skilled workers who have a job offer. This tier will encompass the current UK Work Permit rules.
   Tier 3: To allow limited numbers of low skilled workers to fill temporary shortages in the labour market.
   Tier 4: Students.
   Tier 5: For youth mobility and temporary workers, such as those who currently come under the Working Holidaymaker scheme.
2. Applicants wishing to switch into or extend under Tier 1 (General) can apply now.  The system will then be trialled for applicants from India from 1st April 2008.  Applicants from other countries are expected to be able to apply from Summer 2008.
   Tier 1 (Post study Work) will also be phased in during Summer 2008, replacing the current IGS (International Graduate Scheme).
   Tier 2 is expected to be open for applications from Autumn 2008.
   There are currently no plans to introduce Tier 3 at this time.
   Tier 4 will come into force around the beginning of 2009.
   Tier 5 should be introduced in the Autumn of 2009.
3. Employers will have to apply to become sponsors before Tier 2 is in place and those applying for Tiers 2-5 will require a sponsor.  The sponsors will be rated A or B depending on the information they provide.  Many B rated sponsors will be expected to upgrade themselves to A status within a specified time period.  All employers wishing to employ someone under the new rules will have to be registered regardless of whether they wish to employ 1 non-EU worker or 100.

TIER 1 (GENERAL):

4. Those currently in the UK wishing to switch to Tier 1 may also switch their dependants’ status by applying for them at the same time on the Tier 1 (dependants) form.  There is no Home Office fee for this if they apply for a spouse / unmarried partner or any children under the age of 18.  However, if you have any dependant children over the age of 18 the fee will be £395.
5. Yes.  Whilst there was no provision for this under the HSMP it has been recognised that this is a necessary provision for many highly skilled parents wishing to migrate to the UK.  If you have sufficient proof of your workplace absence, e.g. birth / adoption certificate and letter / payslips from employer detailing the terms of your leave and any payments made to you, such as Statutory Maternity Pay you may be able to claim for your earnings in the 12 months prior to this absence.
6. 
   

   Test	Awarded By	Level/Grade Required
   A+ Education English Test	A+ Education	Level 3
   Points Based System English Test (PBSET)	Academy of Oriental Cuisine	65% Pass
   Test in English for International Students	Britain’s Education Services	80
   CSPS English Language Course (Advanced)	Central School of Professional Studies	40%
   International ESOL Diploma	City and Guilds	Expert
   CSCT Standard Test for English (CSCT STEL)	City School of Commerce and Technology	Certifi cate in Advanced English (CAE) Level
   English for Business Level 4	Education Development International	50% Pass
   EDI Level 2 Certifi cate in ESOL International JETSET Level 6 (C1)	Education Development International	50% Pass
   Test of English as a Foreign Language (TOEFL)	Educational Testing Service	110-120 of the Internet Based Test
   Test of English for International Comparison (TOEIC)	Educational Testing Service	Listening 490 Reading 455 Speaking 200 Writing 200
   EIKEN Test in Practical English Profi ciency	The Society for Testing English Profi ciency (STEP) Inc	Grade 1
   International English Language Testing System (IELTS) – General Training or Academic Module	University of Cambridge ESOL Examinations	6.5
   International Legal English Certifi cate (ILEC)	University of Cambridge ESOL Examinations	C1 Pass
   International Certificate in Financial English (ICFE)	University of Cambridge ESOL Examinations	C1 Pass
   ESOL Skills for Life (Level 2)	University of Cambridge ESOL Examinations	Pass
   Certifi cate of Proficiency in English (CPE)	University of Cambridge ESOL Examinations	Grade C
   Certifi cate in Advanced English (CAE)	University of Cambridge ESOL Examinations	Grade C
   Foundation English Language Test	University of Hull	65%
   Summer Study English Language Test	University of Hull	65%

7. If you are in the UK applying you need to be able to show a balance of at least £800 in your bank account for at least 3 months prior to the application.
   For those wishing to include dependants there are additional requirements:
   If the main applicant has been in the UK for less than 12 months at the time of application they must show an additional £1600 in the bank to support each dependant. E.g. If they have a wife and 2 children they will need a total of £5600. (£800 for main applicant plus £1600 x3)
   If the main applicant has been in the UK for more than 12 months at the time of application they must show an additional £533 per dependant.
   For those applying from outside the UK the maintenance requirements are: £2800 for the main applicant, plus £1600 for the first dependant, then £800 for every subsequent dependant.
   Whilst these figures may seem high to nationals of some countries they have been calculated in line with the average costs of relocating and living in the UK.
8. Initial applications for entry clearance or leave to remain where the previous grant of leave was NOT as a Tier 1 (General) participant will be granted for a period of 3 years with extensions then granted for a further 2 years.
9. You will be able to apply for ILR (Indefinite Leave to Remain) in the UK after 5 years of leave under the Tier 1 (General) system.  If your previous leave has been as a work permit or HSMP holder you may be able to include this towards your 5 years, provided that the leave directly preceded the current period of leave under Tier 1 (General).
10. Leave to Remain as a Doctor in Training will NOT be granted unless the applicant:
    Has, or has last been granted, entry clearance, leave to enter or remain as a Highly Skilled Migrant or as a Postgraduate Doctor or Dentist
    Has, or has last been granted, entry clearance, leave to enter or remain as a Tier 1 (General) Migrant and that grant was not subject to a condition prohibiting Employment as a Doctor in Training.
    Has submitted with their application a valid Highly Skilled Migrant Programme Approval Letter, where the application for that approval letter was made on or before 6th February 2008.
11. Yes – the rules here remain similar to those in place under the HSMP.
12. Available points for age differ on whether the individual’s previous grant of leave was under Tier 1 (General) or the HSMP.
    Those who had leave under Tier 1 (General) gain the following points:
    Under 31 – 20 points
    31 or 32 – 10 points
    33 or 34 – 5 points
    Those who had leave under the HSMP gain the following points:
    Under 30 – 20 points
    30 or 31 – 10 points
    32 or 33 – 5 points
13. Those that are already in the UK under the HSMP and do not qualify to extend under the Tier 1 (General) rules may be able to take advantage of the transitional arrangements.  Those that are employed and have been in their current position for 12 months (where the initial period of leave was for more than 12 months) or 8 months (where the initial period of leave was for less than 12 months) may be able to get leave to remain as a work permit holder instead.  Their employer will need to apply on their behalf, but the resident labour test will be waived.  All other requirements must still be met.   Please see the information on work permits for the qualifying criteria.  There are also transitional arrangements for those that are self-employed.  Please contact ETCi for further details.
14. You will be deemed to automatically meet the English Language Requirement if you are a national of one of the following countries:
    Antigua and Barbuda
    Australia
    The Bahamas
    Barbados
    Belize
    Canada
    Dominica
    Grenada
    Guyana
    Jamaica
    New Zealand
    St Kitts and Nevis
    St Lucia
    St Vincent and the Grenadines
    Trinidad and Tobago
    The United States of America
15. Previous Earnings Uplift Ratios are set at the following levels:
    Conversion Rate 1.0 – countries including: Australia, Canada, Hong Kong, Japan, UAE, USA.
    Conversion Rate 2.3 – countries including: Argentina, Bahrain, Israel, Korea (South), New Zealand, Saudi Arabia, Trinidad and Tobago.
    Conversion Rate 3.2 – countries including: Belarus, Brazil, China (Peoples Republic of), Egypt, Jamaica, Philippines, Russian Federation, South Africa, Thailand, Turkey.
    Conversion Rate 5.3 – countries including: Bangladesh, India, Kenya, Pakistan, Ukraine.
    Conversion Rate 11.4 – countries including: Ethiopia, Ghana, Korea (North), Nigeria.

 

European countries are also included for those that have been working abroad.  Contact us for a full list.

 

 

 

ANSWERS:

TIER 2 (Skilled Workers):

15. Tier 2 (Skilled Workers) will replace the following immigration categories:

• Work Permit Employment (excl. temp. assignments of sportspersons and entertainers)
• Ministers of Religion
• Airport-based Operational Ground Staff
• Overseas Qualified Nurse or Midwife
• Sabbatical Posts
• Seafarers
• Named researchers
• Training and Work Experience Scheme
• Jewish Agency Employees
• Overseas Representatives (news media)

 

These routes will also be covered by 2 sub categories, Sports People and Ministers of Religion. 

16. The Resident Labour Market Test will be similar to the current test under the work permit system.  The employer will have to have advertised the job for a minimum of 2 weeks in JobCentre Plus or as agreed in a sector specific Code of Practice.  If the salary for the position is in excess of £40,000 the vacancy will only have to be advertised for 1 week.

The only exception to these rules will be where a candidate currently holds leave to remain under Tier 1: Post Study Work of the PBS and has been in their job for at least 6 months.  In this case the RLMT will be waived.

17. Candidates will be required to speak English to basic user level.  This means that they will need to be able to use basic everyday phrases, introduce themselves and answer basic personal questions.

This is closest to A1 of the Council of Europe Scale.

18. A shortage occupation is one that is identified by MAC (Migration Advisory Committee) as being extremely difficult to fill with UK or EEA workers in all circumstances.  It has recently released a report setting out how it will approach these decisions.  This can be accessed at www.ukba.homeoffice.gov.uk/aboutus/workingwithus/indbodies/mac/

19. The UK Border Agency will publish a list of occupations that are at or above NVQ Level 3 and those that fall below the standard.  They will also provide guidance for employers so that they can assess an individual job within these occupations.

20. Only if you wish to extend your leave past the initial grant of 3 years.  You will not have to prove English Language competency on your initial application.

21. This sub category is in place for sportspeople and coaches that are internationally established at the highest level.  Their employment will need to make a significant contribution to the development of their sport at the highest level in the UK. 

Migrants under this category will need to be sponsored by a club or equivalent that is licensed as a sponsor by the UKBA.  When this type of organisation applies to become a sponsor they must also include approval from the Governing Body for the sport.

22. This sub category exists for those coming to fill posts as religious workers with recognised religions.  This includes anyone that preaches to their community or performs a pastoral role.

Tier 5 will cover other temporary and non-pastoral roles.

Religious institutions hoping to become a sponsor under this category will need to provide evidence that they are a bona fide religious institution or that they are a registered, excepted or exempted charity in the UK.  They will also be required to provide background information about the organisation and the faith, and accompany their application with a letter from the head of that organisation where there is a set hierarchy within the faith.

The level of English Language competency required for this category will be equivalent to the Council of Europe Level B2, because of the need to communicate effectively with worshippers.  This is approximately the same level of English required under the current rules.

23. Yes, provided that it is in the same profession and at the same professional level as the main employment and that the employment is limited to 20 hours per week, outside of the person’s normal working hours.  In addition to which, the person my not be employed by an employment agency or similar that provides personnel to a client.

24. An initial grant of 3 years will be given, with the opportunity to extend for a further 2 years.  After 5 years leave in this category an individual may then apply for settlement.

 

Tier 1

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