UK IMMIGRATION UPDATE MARCH 2010 POINTS BASED SYSTEM CHANGES
- by
Judith Hinds
The UK Government has published changes to Tier 1 and Tier 2 of the Points Based System ("PBS"). The changes will come into effect on
6th April 2010.
The method in which points shall be awarded under Tier 1 (General) will now be more flexible. An applicant shall be eligible to enter the United Kingdom as Tier 1 Migrant if they have a Bachelor's degree and previous earnings of at least £75,000; or if they have no formal qualifications but previous earnings of £150,000 or above they are also eligible to apply.
The major changes to Tier 2 are that the Intra Company Transfer ("ICT") route will only be available in the majority of case to applicants who have 12 months experience with the overseas company (as you are aware this was previously 6 months) and this route will no longer lead to settlement (otherwise known as indefinite leave to remain in the United Kingdom). There will be more flexibility to engage non-European trainees. The key changes to Tier 1 and Tier 2 are set out in more detail below.
CHANGES TO TIER 1 (GENERAL)
As you are aware, the Tier 1 (General) route enables highly skilled migrants to obtain entry to the United Kingdom based on their attributes, e.g., their age, previous earnings, qualifications and UK earnings/qualifications.
KEY CHANGES
- Points will be awarded for a Bachelor's degree (as well as a Master's degree or PhD).
- The minimum previous earning for which points will be awarded will increase from £20,000.00 to £25,000.00.
- It shall now be possible to qualify under Tier 1 with previous earnings of £150,000 without other attributes being required.
- New applicants aged up to 39 years will be awarded points for their age (points are currently awarded for applicants up to 31 years only).
- For extension applications, points will be awarded for applicants aged up to 41.
- Applicants shall initially be granted permission to enter the United Kingdom for 2 years (rather than the current period of three years). This is to ensure that Tier 1 Migrants engage in highly skilled work during the two years they are granted before an application to extend is approved.
- As a transitional measure, Migrants who are currently in the United Kingdom, with permission to stay before 6th April 2010 on a Tier 1 (General) status or the Highly Skilled Migrant Programme and certain other categories will not be subject to these new points when they apply to extend their leave. Instead, the current requirements for extensions will continue to apply (with points awarded for a Bachelor's degree/Master's degree/PhD, previous earnings of £16,000.00 and above and ages of up to 34 years).
The UK Government has made no change to recognise additional professional qualifications. Applicants can however claim points for professional qualifications not listed on the UK Border Agency's ("UKBA") points based calculator by submitting a letter from the UK professional body confirming the qualification.
The English language and maintenance requirements introduced under the PBS remain unchanged.
CHANGES TO TIER 2
As you are aware, the Tier 2 route enables Migrants to obtain entry to the United Kingdom to work for a specific company registered with the UKBA as a licensed Sponsor. Migrants need to satisfy the points criteria for their qualifications and/or their prospective earnings with the Sponsor, and they also need to have a registered Sponsor in order to qualify to enter the United Kingdom as a Tier 2 Migrant. Under the Tier 2 (General) route, the resident labour market test (RLMT) must be met, usually through advertising the role. The ICT route is for Migrants who have worked for an overseas group entity and does not require the RLMT to be satisfied.
KEY CHANGES TO TIER 2 (GENERAL) AND (ICT)
- The minimum prospective earnings for which points will be awarded will increase for £17,000.00 o £20,000.00.
- The points awarded for Migrants being sponsored under an ICT will decrease from 30 to 25 points. This will be less than those awarded for Tier 2 (General) (which will remain at 30 to reflect the fact that the RLMT is carried out for Tier 2 (General) and not for an ICT).
- Extension applications will not require demonstration of qualifications and prospective earnings, provided the applicant is sponsored to continue in the same job for the same employer and at the same/higher salary.
- A new application will no longer be required for a change of job which is with the same sponsor and within the same occupational classification code (such codes are set out in the UKBA guidance) unless:
- the salary reduces below the level stated on the certificate of sponsorship; or
- the change is from a job on the shortage occupation list to one which is not on the shortage occupation list. If a new application is required, this will be treated as an initial application, and the new points allocations (as above) will apply.
- Treatment of professional qualifications is unchanged and the same considerations apply as per Tier 1 above.
SPECIFIC TIER 2 (ICT) CHANGES
The ICT category is to be reorganised into three sub-categories
- Established Staff;
- Graduate Trainees; and
- Skills Transfers
Established Staff - this sub-category is for established employees to transfer to the UK branch of their employer where company specific knowledge is required.
(i) Established staff must have worked for the overseas company for 12 months (rather than the current period of 6 months).
(ii) Established staff will be granted permission to enter the United Kingdom for a maximum period of 3 years with a possible extension of up to a further 2 years.
(iii) Time in the United Kingdom in the Established Staff sub-category will not lead to settlement (otherwise known as indefinite leave to remain) as of 6th April 2010. However, Migrants already in the United Kingdom before 6th April 2010 with a Tier 2 (ICT) visa or ICT Work Permits will still be able to apply to extend in the Established Staff sub-category and ultimately to apply for settlement.
(iv) Established Staff will not be able to switch into Tier 2 (General), unless they go to work for a different Licensed Sponsor.
Graduate Trainees - this sub-category is for new graduates coming to the United Kingdom as part of a structured graduate training programme.
(i) Graduate Trainees must have been employed by the company overseas for at least 3 months before coming to the United Kingdom.
(ii) Graduate Trainees may only come to the United Kingdom for up to 12 months. They cannot extend beyond this or switch into a different category in the United Kingdom.
(iii) They must be working in a graduate occupation specified by the UKBA.
(iv) Each Sponsor will have a maximum of five places per year for Graduate Trainees.
Skills Transfer - this sub-category is for new recruits of multi-national companies to transfer temporarily to the United Kingdom to obtain skills and knowledge relevant to their new role overseas.
(i) No previous company experience is required before coming to the United Kingdom.
(ii) The appointment must be additional to the United Kingdom's company's staffing requirements, i.e. the Migrant is not filing a vacancy and there would be no role for them if they were not obtaining experience/transferring skills.
(iii) The maximum length of time in the United Kingdom as a Skills Transfer Migrant is 6 months. No extension or switching into another category is allowed.
(iv) The Migrant must be working in a graduate occupation specified by the UKBA.
Please feel free to contact us should you have any queries concerning the above changes to the PBS.
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Judith C Hinds is a Director at Active Immigration Solutions Limited. http://www.entryin.com.
Active Immigration Solutions Limited was established to provide value for money, world class professional services in the area of UK Immigration and Nationality advice to corporate clients and private individuals.
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