Migrants Rights Network: Working for the rights of all migrants

| Home page | About us | Contact us | What's new | Jobs | Events | Links | Newsletter | What's new |
 
 
 
   
 
 
Publication: Migrant Voices, Migrants Rights
Economic Migration  

The Points-Based System  

The government is set to introduce a new system for managing the flow of migrants coming to the UK from outside the EU and EEA for the purpose of work, study or training. There are currently over 80 different types of work permits and entry schemes.  Replacing these with a streamlined five tier system is intended to create a simpler, more efficient, transparent and objective regime.  As such the system is to benefit not only the administration of immigration controls, but should also promote better understanding of these controls among both applicants and the wider public. The overall aim is to allow entry only to those whose skills will benefit the UK and to facilitate the entry of prospective international students.
 
The points-based system will be introduced tier by tier. The proposals underpinning each tier are to be tested before any firm implementation dates are announced.
  • The 5 Tiers:

    • Tier 1: Highly Skilled Migrants
    • Tier 2: Skilled Workers with Job Offer
    • Tier 3: Low Skilled Migration
    • Tier 4: Students
    • Tier 5: Youth Mobility and Temporary Workers  

Tier 1: Highly Skilled Migrants  

This tier is designed for migrants with the highest skill levels and replaces the Highly Skilled Migrant Programme (HSMP) which already incorporates a points-based approach.

Applicants  will qualify without a job offer, have unrestricted access to the labour market and will be allowed to set up businesses.  Sponsors are not required at this tier and these migrants will have the greatest opportunities to qualify for settlement as they are seen as bringing the highest levels of human capital. They will also be able to bring in dependants. How this approach will affect migrants currently under HSMP points system has not yet been resolved.
 
The threshold for this tier is 75 points. Points can be scored for different combinations of attributes including qualifications, previous earnings (£16,000-40,000+) and age (with those under 27 preferred). This could provide substantial flexibility as regards applicants self-assessing their applications.  After an initial grant of leave for 2 years applicants points are reassessed and a person will have to demonstrate high earnings or a significantly skilled job in order to have their leave extended and some could be eligible for settlement at this point.
 
 
Tier 2: Skilled Workers with Job Offer  

This tier is for medium to high skilled workers who have received a job offer from a UK employer. Workers will be given points based on their skills and will qualify if they have a job offer in a ‘shortage area’ Current shortage areas are teaching and nursing. This tier is employer-led and applicants without job offers cannot enter through this tier.  Workers in this category will be able to change employers within the country but will be reassessed against the points test and will have to be sponsored by the new employer.  Workers can bring dependants and may qualify for settlement after 5 years residence.
 
The threshold is 50 points. Points can be scored for qualifications, prospective Earnings (£15 000 - £21000+) and other considerations ranging from job offer in a shortage occupation, job offer passing resident labour market test and intra-Corporate Transfers.
 
 
Tier 3: Low skilled migration  

Tier 3 is intended to replace seasonal and sector based temporary migration schemes.  The points system will introduce a system for sponsors for migrants recruited under this tier.  Quota-based schemes run by operators will be set up to fill temporary labour market gaps.  The schemes will only be set up with countries that have effective returns arrangements, entry would be restricted to a maximum of 12 months without options for settlement or extension. Workers would have no rights to bring dependants. 
 
Government policy is to try to fill temporary labour market shortages through migration from the new EU member states and with tier 3 schemes only being set up when this is insufficient.
 
 
Tier 4: Students  
 
Students will be able to self-assess against a set of published criteria to determine their points before being tested.  Applicants will also require a certificate of sponsorship from an educational institution. Successful applicants will be granted leave to remain tied to the sponsoring institution for the duration of a specified course plus a reasonable period to wind up affairs and attend graduation ceremonies. If a student wishes to change institute a fresh in-country application will have to be made to extend their leave to remain with the new institute as sponsor.
 
Only educational institutions on the list of approved sponsors will be entitled to issue certificates of sponsorship. Institutions will have to demonstrate that they are bona fide learning providers accredited by a recognised body or by the Department for Education and Skills. They will also be required to report non-enrolment or discontinuation of studies by any sponsored student.
 
Most students will be entitled to bring their dependants and work part-time.  Some may be able to switch tier into tiers one and two at the close of their studies
 
Tier 5 – Youth Mobility and Temporary Workers  

People under this tier are principally here to satisfy non-economic objectives including cultural, religious, voluntary and charitable activities. The youth mobility aspect is intended to cover cultural exchanges or working holidays by young people. The temporary worker aspect covers those workers who do not qualify under tier 2 but whom the UK wants to give leave for non-economic reasons.
 
Within this tier applicants can be given up to 24 months leave and can work for a restricted amount of time.  The tier will only be open to nationals of countries with effective returns arrangements.  Dependants are allowed but will only be allowed to work if the principal applicant has more than 12 months leave.  Entrants under this tier will not be able to switch to other tiers while in the UK.


For further information on the points based system see:
 
Home Office (2005) Selective admission: Making migration work for Britain. London: TSO.
 
Home Office (2005 ) Controlling our borders: Making migration work for Britain. A five year strategy for asylum and immigration. London: TSO. (PDF)
 
Home Office (2006) A points-based system: Making migration work for Britain. London: TSO.


| Back to Index Page of Migrants Opportunities Map |


Migrants.Rights.News
Monthly.Newsletter

|.Archive.|.Privacy.Policy.|
 
Feedback
Submit  
  Details of Events; your Organisation; useful Websites; News; Jobs or Publications.  
Evaluate or Comment
  Upon our Website or
Migrants Rights News
 
Your can also send us feedback via email: info@migrantsrights.org.uk
 




 
© Migrants Rights Network 2007 | Disclaimer, Privacy Policy and Terms of use