Introduction
The points-based system (PBS) was introduced to streamline the immigration system and replaces over 80 existing routes to work and study in the United Kingdom with five tiers. The system allows British businesses to recruit the skills they need from abroad while providing assurances to the British public that only those migrants we need will be able to come to the United Kingdom.
Tier 2 of the PBS was implemented on 27 November 2008 to replace the work permit scheme. Tier 2 is an employer-led process for medium and high skilled migrants, with the sponsoring company issuing the overseas national with the appropriate Certificate of Sponsorship.
In addition to the job offer, applicants will be assessed against a points test; which includes attributes, English language skills and maintenance; and will need to be in an occupation which has been identified as shortage by the Skills Advisory Body. Alternatively the UK company would be required to demonstrate that the overseas national will not be displacing a worker from the resident labour force and provide evidence of an appropriate recruitment campaign.
Eligibility
To be eligible to apply to come to the United Kingdom under Tier 2 - skilled worker applicants must have:
• a job offer;
• certificate of sponsorship from a licensed sponsors; and
• scored sufficient points to apply.
Points assessment
Applicants will need to score a pass mark of 70 points from the three sets of criteria. These
are:
• attributes; and
• English language skills; and
• maintenance.
Attributes
Applicants must score at least 50 points under three criteria in this category:
• sponsorship;
• qualifications; and
• prospective earnings.
Resident labour market test (click here for more information)
If the position is not listed on the shortage occupation list, the job offer will need to pass the resident labour market test. This test ensures that resident workers have had the opportunity to apply for the job before it is filled under Tier 2.
Sponsorship
To apply under Tier 2 - skilled worker applicants will require a valid certificate of sponsorship issued by a licensed sponsor. Up to 50 points are awarded for a certificate of sponsorship.
UK sponsors will only issue a certificate of sponsorship if the overseas national:
• is filling a vacancy that requires a worker with skills at NVQ level 3 or above;
• will comply with the conditions of their permission to stay and leave the United Kingdom when their leave expires.
Certificates of sponsorship for jobs listed on the shortage occupation list will be awarded 50 points.
Certificates of sponsorship for jobs not listed on the shortage occupation list will only be awarded 30 points, and the job must have passed the resident labour market test.
Qualifications
A maximum of 15 points may be scored for the highest qualification held:
| Qualifications | Points awarded
|
| No qualifications | 0
|
| NVQ level 3 | 5 |
| Bachelors or masters | 10
|
| PhD | 15 |
Prospective earnings
Applicants can score up to 20 points for their prospective earnings:
| Prospective earning (£) | Points awarded
|
| 17,000 - 19,999 | 5 |
| 20,000 - 21,999 | 10 |
| 22,000 - 23,999 | 15 |
| 24,000 + | 20 |
Maintenance
Applicants must score 10 points in this category by showing that they are able to support themselves while in the United Kingdom. To score these points applicants will need to show that they have £800 in savings at all times over the three month period preceding the date of application. Applicants intending to bring dependants to the UK will need to demonstrate a further £533 in savings, over the same three month period for each dependant.
English language skills
Applicants must score 10 points in this category by showing that they are able to speak English to a basic standard. Competency in the English language must be proven by:
• passing a test in English equivalent to the appropriate level;
• coming from a majority English speaking country; or
• having taken a degree taught in English (verified using national academic recognition information centre data).
Intra-company transfers
Applicants already working for a company in another country and transferring to a post in the United Kingdom should qualify under the intra-company transfer category. They will need to have worked overseas for the sponsoring organisation for at least six months and when they are in the UK they must receive a salary (including specific permitted allowances) appropriate for that job in the UK. The job must be at national vocation qualification level 3 (NVQ3) or above.
For full details of the documentary requirements and a breakdown of the whole application process specific to your case contact us by email: info@definitive-is.com or call one of our experienced UK Immigration Consultants on 0870 240 7825.
Alternatively forward an online enquiry.
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