Briefings & Newsletters
Update on the Points Based System - Statements of Intent for Tier 2 and Tier 5
Date: 20th May 2008
Categories: Immigration
On 6 May 2008 the UK government published two Statements of Intent about the new Points Based System (PBS) outlining the plans for Tier 2: Skilled workers and Tier 5: Temporary workers and Youth Mobility Schemes. Below is a summary of the key changes. Please click here for a fuller explanation of the Statements.
Tier 2: Skilled Workers
Tier 2 will replace the existing work permit scheme. The main changes are:
- the discretion caseworkers currently exercise will be replaced by objective criteria;
- employers must register to sponsor foreign nationals;
- the minimum skill level drops to national vocational qualification level 3;
- testing of the resident labour market for suitable candidates changes;
- introduction of an English Language test;
- introduction of a maintenance test;
- permission will be granted for three years renewable for a further two years – it will be essential to apply to extend permission to work;
- all nationals will need to obtain visas to enter the UK under the PBS Tier 2
- Employers will be reviewed for compliance with their general duties as well as for the appropriate issue of Certificates of Sponsorship.
The employer's (sponsor's) responsibilities
These include:
- determining that:
- the job on offer is at least at NVQ level 3;
- the salary paid for the job is at the "appropriate" rate;
- the job has been advertised (unless the vacancy is for a job which is a shortage occupation vacancy, an Intra-Company Transfer (ITC) or for a Post Study Worker);
- the salary paid for the job is not less than the advertised rate;
- the prospective employee will meet the points required for approval (see below)
The employee's visa application
The employee must gain 70 points to obtain their visa. Click here to see how points will be awarded.
Competence in English language
Migrants will need to prove they:
- have passed a test at the appropriate level; or
- come from a majority English speaking country; or
- have taken a degree taught in English (verified on National Academic Recognition)
ICTs will only be required to demonstrate the required English ability if they wish to stay beyond the initial three years.
Tier 5: Temporary Workers and Youth Mobility Schemes
Categories Tier 5 will replace include:
- Working holiday maker scheme
- Au pair rules
- British Universities North America Club (BUNAC)
- International Association for the Exchange of Students for Technical Experience (IAESTE)
- China: Graduate Work Experience programme
- Japan: Youth Exchange Scheme concession
- Training and Work Experience scheme
There will be a maximum period of entry of 24 months for most under the Temporary Worker scheme and for the Youth Mobility Scheme.
Temporary Workers
There will be five sub-categories. One will be the Government Authorised Exchange. The sponsor will be an overarching body (e.g. IAESTE) who will need to obtain the Certificates of Sponsorship for their temporary workers. This will require an approved exchange scheme.
Youth Mobility
Here the sponsor is the worker's national government. Each year the UKBA will publish a list of countries which can participate. According to the way the criteria are currently set South African Indian and Turkish nationals will not be eligible.