The New Points Based System

At Danielle Cohen Immigration Solicitors we have a team of immigration lawyers who can assist you in all aspects of immigration law. Danielle Cohen is an experienced immigration lawyer who is up to date on all aspects of the new Points Based System.

The new Points Based System sets out the requirements for migrants to come to the UK to work, to study or for some other economic activity. It is divided into 5 tiers:

Tier 1 – This was originally introduced to replace the old Highly Skilled Migrants Programme(HSMP) with the introduction of Tier 1 (General). This category has now been closed but migrants already in the UK with leave to remain in this category may be able to extend their stay or apply for indefinite leave to remain on this basis.
Tier 2 – Skilled Workers. This replaces the old Work Permits system which enabled you to get a UK work permit.
Tier 3 – Low Skilled Workers. There are no current plans to introduce this tier
Tier 4 – This encompasses both child and Adult Students
Tier 5 – Temporary Workers and Youth Mobility Scheme. This replaces the old Working Holiday Makers scheme and allows organisations such as charities to sponsor short term trips by volunteers.

Tier 1
This tier is broken down into four separate sub-categories as follows:

Tier 1 (Exceptional Talent)

Tier 1 (General) – Now closed as a category from abroad and for new applicants
Tier 1 (Entrepreneur)
Tier 1 (Investor)
Tier 1 (Post Study Work)

Tier 1 (Exceptional Talent)

This category is not yet open but will provide a route to come to the UK for migrants with highly sought after skills and ability in sciences and the arts. It will be restricted to 1000 migrants per year. It will be highly specialised and is to accommodate migrants who are internationally recognised as world leaders in these fields.

Tier 1 (General)

As UK immigration solicitors we have invaluable and varied experience in this field. We specialised in the old HSMP scheme although Tier 1 (General) is now closed to new applicants we assist individuals extend their leave on this basis or apply for settlement.

Our immigration lawyers can help with all aspects of making the application. A key feature of the Points Based System is that the type of evidence needed to support an application to come to the UK is tightly regulated. This is particularly important now Section 19 of the United Kingdom Borders Act 2007 has been brought into force. This means that migrants applying under the Points Based System have to make perfect applications as they will not be permitted to adduce new evidence on appeal, even if the evidence shows they met the requirements of the rules at the date of application. Our immigration solicitors ensure that all applications under the Tier 1 (General) system, previously known as HSMP submitted by us meet all regulations set by the Home Office.

Tier 1 (Entrepreneur)

This category is designed to attract migrants to the UK who wish to invest in the a business in the UK. Again an eligible migrant must obtain 75 points for attributes. These are divided as follows:-

25 points are awarded for having access to the appropriate level of funds. 25 points are automatically awarded for showing access to £200,000. Alternatively, a migrant can obtain these 25 points by showing access to £50,000 if the funds come from:-

• - 1 or more registered venture capital firms regulated by the Financial Services Authority;
• - 1 or more UK entrepreneurial seed funding competitions listed as endorsed on the UK Trade and Investment website, or
• - 1 or more UK government departments, which have made the funds available for the specific purpose of establishing or expanding a UK business.

A further 25 points are awarded for the funds being held in one or more regulated financial institutions and a further 25 points are awarded for showing the funds are disposable freely in the UK.

As with the Tier 1 (General), a migrant wishing to come under this category would need to show they could maintain themselves and that satisfied the English language requirement.

In order to extend under this category, a migrant would need to show they had invested the money in the UK business, you have registered either as self employed or as the director of the UK business, you are engaged in business activity in the UK and that you have created at least two new jobs. Again the maintenance requirement will need to be met for any new application.

Tier 1 (Investor)

This category is designed for migrants with either £1,000,000 freely available to invest in the UK or £2,000,000 in personal assets and £1,000,000 in a loan from an authorised financial institution freely disposable in the UK.

To extend under this category, a migrant will have to show they still hold the money in a regulated financial institution and that it is freely disposable in the UK. They will have to show they have invested not less than £750,000 of their capital in the UK by way of UK government bonds, share capital or loan capital in active and trading UK registered companies, other than those principally engaged in property investment, and they have invested the remaining balance of £1,000,000 in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution.

The money ought to have been invested within 3 months of either date of entry to the UK, date issued entry clearance or the date leave as a Tier 1 Investor was given.

Tier 1 (Post Study Work)
Points are awarded for what are called “Attributes”, for which you need to score 75 points. The attributes are as follows:

• - If you have been awarded a UK recognised bachelor degree, postgraduate degree or a post graduate certificate of education;
• - You studied for the award at a UK recognised or listed body;
• - Your period of study and/or research were while you were in the United Kingdom and was with entry clearance, leave to enter or leave to remain as a student, and
• - Your application for entry clearance or leave to remain under Tier 1 (Post-Study Work) is made within 12 months of obtaining the eligible award.

Separate points are given for English language ability (10 points automatically awarded if you scored 75 points for the attributes above) and the availability of funds for maintenance (10 points). You must produce evidence of the required funds in addition to reaching the pass mark for the Attributes.

With the help of our immigration solicitors you can apply to work in the UK for a limited period.

For further information with regard to this tier and its various sub-categories, please contact one of our immigration lawyers.

Tier 2
Tier 2 replaces the previous route for applying for a UK Work Permit.

Any employer wishing to recruit and employ a foreign non EEA national in the UK must firstly obtain a Sponsorship Licence from the government. This licence will give the employer the power, with strict conditions, to apply for a number of Sponsorship Certificates each year. Once a Sponsorship Certificate Number has been obtained, the foreign national that the UK employer wishes to employ can then apply for a Tier 2 permit from a British Consulate or Embassy overseas, or if appropriate switch to that status from within the UK.

To come to the UK under this category, an applicant must be coming to work in an occupation recognised by the UK Border Agency at a certain skill level and with a particular salary.

Migrants with an annual salary of less than £150,000 will be limited under Tier 2 (General) to 20,700 per year.

If you are an employer, or have a job offer in the UK, seeking legal advice from immigration solicitors is advisable.

Tier 4
Tier 4 is divided into 2 categories – General Students and Child Students.

General Students – students will only be able to come to the UK under this category if they are coming to study on a full time course. The restrictions regarding appeals for refusals of application under Tier 1 also apply here and we therefore have extensive experience in helping Tier 4 Students make perfect applications first time around.

Tier 5
The Youth Mobility Scheme under Tier 5 is designed to allow individuals from specific countries to experience life in the UK. This includes:- Australia, Canada, Japan, New Zealand, Monoco.

Under Tier 5 certain organisations such as Charities, Religious Organisations, and organisations in the creative and sporting sectors to sponsor short term migrants to come to the UK for the benefit of their organisation.