The UK’s ‘Points Based’ 5 tier visa system is the primary Immigration path for non-EEA nationals to enter the UK to work, study, invest and invest.
The UK’s ‘Points Based’ 5 tier visa system is the primary Immigration path for non-EEA nationals to enter the UK to work, study, invest and invest. The Points Based System was adopted completely in 2010.
The Points Based System is divided into five separate tiers, and in order to be eligible for a visa under any of the tiers, an applicant must score the necessary points-based threshold. In working visa applications, points are typically awarded in relation to the applicant’s skillset and ability, their experience and their age.
The minimum points required for your application will depend on the Tier you are applying under.
The 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 (of which tier 3 is not in force.
The Five Tiers:
- Tier 1: Tier 1 applies to ‘high-value migrants’ from outside the EEA who are investors, entrepreneur and ‘exceptional talent.’
- Tier 2: Tier 2 visas are for ‘skilled workers’ who are non-EEA nationals who have a job offer in the UK. This category includes skilled workers who are transferring into the UK via intra-company transfer, professional sportspeople, ministers of religion and skilled workers where there is a shortage in the UK.
- Tier 3: Tier 3 was designed for low-skilled workers to enter the UK and fill specific temporary labor shortages. Please note that the Tier 3 Visa is not in force.
- Tier 4: This is a two-tiered category, for General Students, who are over 16, and Child Students. Applicants must hold an offer from a UK educational establishment which meets the sponsorship requirements.
- Tier 5: Tier 5 is a temporary working visa, and is divided into 6 sub-tiers: Creative and Sporting, Charity workers, Religious workers, Government Authorised Exchange workers and the Youth Mobility Scheme.
If you are the family member of a Points Based System migrant in Tier 1, 2, 4 or 5, you may be eligible for leave to remain.
The eligible family members are:
- Civil partners
- Unmarried partners
- Same sex partners
- A child under the age of 18
How can we assist you?
Danielle Cohen is a top immigration lawyer in Camden, London, and can help you with your application under the points based system or your appeal.
The current government makes the UK less attractive to migrants in its measures to reduce net migration. At this time, it is important to obtain expert advice on the measures that impact those who wish to work, study and invest in the UK. Call us and we will be able to assist you in clarifying the complex and frequent changes which affect Immigration law and policy.
History of PBS
The Points Based System was introduced in Australia in 1979 and was first suggested in the UK by UKIP and was also endorsed by Boris Johnson. It is designed to allow the Home Office to prioritise migrants with skills that are needed in the UK. It was also claimed that PBS would reduce racial discrimination.
The Points Based System has been criticised for indirectly discriminating against migrants from developing countries, who may find it harder to fulfil the requirements of PBS than migrants from other developed nations. A 2012 study led by economist Tito Boeri found that the origin of migrants accepted in the ‘highly skilled’ Tier in developed countries with a PBS was heavily skewed towards other highly developed countries.
The Points Based System only applies to migrants outside the EU. When the UK leaves the EU, it may adopt a Points Based System for EU migrants. Read more about Brexit here.
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We appreciate that Immigration Law can seem complex and confusing – if you would like us to help you with an application or an appeal, or you would like some general advice, call us on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you. Please call 020 7267 4133 to discuss your queries or to schedule an appointment.