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 – highly skilled individuals. This replaces the old Highly Skilled Migrant Programme (HSMP) now called Tier 1 (General). Unlike the old Work Permits scheme, you do not need a job offer to apply to come to the UK under the new Tier 1 (General) scheme.
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 – students
Tier 5 – temporary workers and youth mobility scheme. This replaces the old Working Holiday Makers scheme

Tier 1

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

Tier 1 (General)
Tier 1 (Entrepreneur)
Tier 1 (Investor)
Tier 1 (Post Study Work)

Tier 1 (General)
Anyone who wishes to apply for first time permission to come to the UK in the Tier 1 (General) category (which replaces the HSMP) will need to meet strict requirements. Applicants need to have a minimum of a Master’s degree and a minimum salary over the last 12 months of £20,000. When you apply you are awarded points based on your qualifications, previous earnings, UK experience, age, English language skills, and available maintenance (funds). Under the Tier 1 (General) points are awarded for what are called “Attributes”, for which you need to score 75 points. 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).

An in country applicant under the Tier 1 (General) scheme must have £800 in available funds, and an overseas applicant must have had £2,800. This amount must have been available to them every day for the last 3 months. There is an additional maintenance requirement for each dependant that the main Tier 1 (General) applicant wishes to add to their application.

As UK immigration solicitors we have invaluable and varied experience in this field. We specialised in the old HSMP scheme and how to get a UK Work Permit and our immigration lawyers are now assisting with the new Tier 1 (General) applications on a daily basis. 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. 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 (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 an Employers 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 as requiring skills at or above NVQ level 3.

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.