It is important to understand how the points based system works (“PBS”) and what it means for you as United Kingdom based employers employing migrant workers and educational institutions teaching migrants.
The points-based system only covers migrants from outside the European Economic Area (EEA) and Switzerland. Although there are some restrictions on nationals of countries that have recently joined the EEA.
The Points Based System (“PBS”)
Under the current system, migrants will need to pass a points-based assessment before they are given permission to enter or remain in the United Kingdom. The system consists of five tiers. Each tier has different points’ requirements.
The number of points the migrant needs and the way the points are awarded will depend on the tier they are applying under. Points will be awarded to reflect the migrant’s ability, experience, age and when appropriate the level of need within the sector the migrant will be working.
The Role Of The Sponsor
Migrants applying under any tier except tier 1 will need to be sponsored in order for their application to be successful. If a United Kingdom organisation wishes to recruit a migrant under tiers 2, 4 or tier 5: Temporary Workers they will have to apply to the Home Office for a sponsor licence.
Under tiers 2 and 5: Temporary Workers, the sponsor will need to be a United Kingdom based employer. Under tier 4, the sponsor will need to be a United Kingdom based educational institution.
Migrants wishing to come to the United Kingdom under Tier 5: Youth Mobility do not require a United Kingdom based employer.
The Five Tier System
The points-based system consists of five tiers. Please go to our section of the same heading for further information and guidance. In summary these tiers are:
- Tier 1 – highly skilled workers
- Tier 2 – skilled workers with a job offer
- Tier 3 – low skilled workers filling specific temporary labour shortages
- Tier 4 – students
- Tier 5 – youth mobility and temporary workers.
HR Systems & Compliance
It is important, before submitting an application that you have good human resource systems and compliance in place to allow you to monitor and keep records of the migrants you employ or teach. The Home Office will give your systems a ranking before they grant you a licence.
We can offer you an extra consultancy service to ensure your human resources systems are prepared for a UKBA compliance visit.
Sponsors are expected to take responsibility for making sure that migrants comply with their immigration conditions, by keeping records on each migrant, and reporting any changes to the Home Office, such as if they do not turn up for work besides others. A licence can be ‘downgraded’ if sponsors do not comply with their duties or even withdrawn.
Certificates Of Sponsorship
Sponsors are responsible for assigning certificates of sponsorship to migrants. As well as having a certificate of sponsorship, migrants must also pass a points-based assessment to come to or stay in the United Kingdom. These certificates will be restricted (for overseas applicants) or restricted (applicants from within the UK).
Leave To Remain / Entry Clearance For The Foreign National Worker.
Migrants will need permission to come to the United Kingdom or leave to remain from within the UK before being allowed to commence work for the sponsored employer. This is a separate application, in addition to securing the sponsor licence, issuing the Certificate of Sponsorship and then applying for leave to remain / enter. It is essential that leave to remain or entry clearance be secured.
Benefits Of Choosing Berkeleyme Lawyers
- Fixed fees so you stay in control
- We do all the work for you so you know exactly what you need to secure a licence and prepare for a UKBA compliance visit for you
- Direct access to qualified solicitors – with in-depth experience
- Specialist solicitors who can get the application right the first time
- Consultation with a specialist solicitor to assess your eligibility, avoid disappointment and wasted fees
- Excellent contacts so that should your business have any additional needs or require advice, we can help point you in the right direction without any obligation
- Wealth of experience and knowledge as to the best way forward for you and your family.
Our team is dedicated to your successful UK Visa application and we make this commitment to all our clients:
- Our initial free visa assessment means we select the right visa for you
- Out team will guide you through the evidence and paperwork needed for your application
- We will fully complete your application form and collate all necessary documentation
- We will submit your application, documentation and evidence on time and on your behalf
- We will liaise with the Home Office regularly to check that your application is progressing
- We make our team available to you 24 hours a day, 7 days a week