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Are you Up to Date with the Changes to the Points Based System?
23rd March 2009
In February 2008 a new Points Based System was introduced by the Government to aid employers seeking potential recruits from outside the European Economic Area (EEA). The system introduces tough measures aimed at preventing illegal working in the UK.
The introduction of the points based system has seen the biggest change to the immigration system for over 45 years.
What is the Points Based System?
The points based system is made up of a total of 5 visa category tiers:
Tier 1 Visa for highly skilled migrants
Tier 2 Foreign nationals with a job offer in the UK
Tier 3 For low skilled workers
Tier 4 For students
Tier 5 Temporary workers and working holidaymakers
Tiers 2 and 5 are the most recent levels to be implemented in November 2008, with Tier 4 being the last to be implemented in spring 2009.
Each tier consists of a number of categories and sub-categories. Points are awarded differently according to the individual category/sub-category within each tier.
What criteria will applicants have to satisfy to be successful?
Under the points-based system, applicants have to show that they have enough points to qualify to enter the UK, extend a stay in the UK (where permitted) or switch between tiers in the UK (again where permitted). Points can be scored in different ways, for example, for qualifications and earnings.
Under tiers 2, 4 and 5, migrants must be sponsored by an employer or college licensed by the UK Border Agency. Sponsorship is not required for tier 1 applications.
Becoming a Sponsor
UK employers seeking to recruit migrant workers under the new points based system are required to apply for a licence, and an on-line application form can be found on the Home Office website (www.ukba.homeoffice.gov.uk) for this purpose.
Before an employer is able to sponsor a migrant worker a licence must have been previously approved by the Border and Immigration Agency and specific sponsorship duties must be met to ensure immigration controls remain effective. It is important to note that the application process can take up to 7 weeks to complete.
A sponsorship and employers telephone helpline number is available on 0845 010 6677.
Further Information
The obligation to ensure full compliance to existing migrant employees and any potential recruits in the future now falls totally with the employer.
If you have any queries about the current immigration rules and the points based system, please contact your HR department for further information. If you are an existing NorthgateArinso HR Outsourcing Client please contact our HR Advice Line on 0845 299 0243 or e-mail hr.adviceline@northgatearinso.com if you have any specific queries.
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