Latest News
23 June 2008
On Monday 30 June 2008, the Tier 1 of the UK government’s new points-based system will open globally. On that date they will complete the roll-out of Tier 1 (General) worldwide and introduce the Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Post Study Work) categories.
Tier 1 will replace eight existing immigration categories. The categories that will be replaced are:
- the Highly Skilled Migrant Programme (HSMP);
- business people (persons intending to establish themselves in business);
- Fresh Talent: Working in Scotland Scheme;
- International Graduates Scheme;
- innovators;
- investors;
- self-employed lawyers and writers;
- writers, composers and artists.
Any applications submitted under these categories on or after the 30 June 2008 will be returned to the applicant and will be considered as invalid. Anyone currently in the United Kingdom under one of these categories who wishes to extend their stay will need to apply under the appropriate Tier 1 category of the points-based system when their existing permission to stay ends. All Tier 1 applications must be made by post; it is not possible to make your application at a public enquiry office.
Tier 1 of the points-based system covers highly skilled migrants. The tier will consist of four sub-categories:
- Tier 1 (General) formerly for HSMP applications
- Tier 1 (Investors);
- Tier 1 (Entrepreneurs);
- Tier 1 (Post Study Work).
Information about the sub-categories other than Tier 1 (General) should be published on the Borders & Immigration website on 30 June 2008.
04 March 2008
Information on the new Points Based System (PBS) for Employers
On the 29th of February 2008 the UK Government’s Border & Immigration Agency (BIA) launched the new five Tier Points Based System (PBS) which is set to be rolled out over the next 18 months or more.
The BIA guidance document has only recently become available and we have drafted this letter based on our understanding of the new requirements, exact details of how the scheme works may change slightly over time. This news sheet therefore sets out the general requirements that will be required for Tier 1(General) applications, Tier 2 sponsor licence applications, what employers must do to meet the new requirements and how Jones Kelleher & Associates can assist with the process.
Once fully implemented the five Tiers will replace all the existing application processes for UK visas. Tiers 1 and 2 are the initial ones to be introduced; currently only Tier 1 has been partially implemented and applications for employers to become Licensed Sponsors for Tier 2 of the PBS have opened.
The PBS system does NOT affect the current rights of EEA and EU nationals to work in the UK.
Tier 1
Tier 1 will be comprised of 4 categories (General, Investor, Entrepreneur and Post–Study) and currently only Tier 1 (General) has begun.
Tier 1 (General) is set to replace the current Highly Skilled Migrant Programme (HSMP). For those applying in the UK the HSMP no longer exists and so these individuals will have to apply under the Tier 1 (General) category of the PBS.
At present only existing HSMP visa holders based within the UK who are due to apply for extensions and individuals currently in other immigration categories that allow switching are able to switch into the Tier 1 (General) within the UK.
Tier 1 (General) is not yet available for people wishing to apply from outside of the UK; they must still apply under the existing HSMP scheme.
From the 1st of April 2008, people applying from India will be the first ‘out of country’ group to be eligible to apply under Tier 1 (General) with the expectation that other counties will be phased onto the Tier 1(General) system over the coming months. The Border & Immigration Agency have indicated that Tier 1 (General) will be fully implemented and HSMP will be phased out completely by the end of the summer 2008.
Tier 2
Tier 2 will be split into 7 categories including Tier 2 (General) – Skilled Worker and Tier 2 (Intra-company Transfer - ICT).
In preparation for Tier 2 of the PBS (which is planned to be introduced in the autumn of 2008) BIA is now inviting UK employers to become Licensed Sponsors.
Tier 2 will replace the current work permit scheme and will be translated into a points based format with points being given for attributes such as qualifications, salary, and a job offer. In addition, Tier 2 applications will require the UK employer to issue their prospective overseas employees with Certificates of Sponsorship prior to an application being made.
These Certificates of Sponsorship will be ‘virtual’ documents issued by the employer through the on-line Sponsor Management System and a UK employer will only be able to issue a Certificate of Sponsorship if they are a Licensed Sponsor. Therefore all employers who wish to apply for a Tier 2 permit must register with the BIA.
Key points for Licence Application by Employers (Licensed Sponsors)
- The BIA registration fees for employers are £300 if you are a small sponsor and £1,000 if you are a large sponsor -a small sponsor is defined as a company or business having usually less than 50 employees, or if they are a charity. Sponsors will not need to pay a duplicate fee if they have already applied to become a sponsor under one category of a specific tier. i.e. if they have already applied under Tier 2 (General) – Skilled Worker and then wish to apply to register under Tier 2 (ICT)
- Sponsors can register either as a single entity, as a head office (responsible for a group of offices) or as an individual branch. If they decide to register each branch an application and registration fee will be required for each one.
- License applications can only be made electronically and must be followed up with certified copies of required documents within 10 working days
- The actual applications to register must be made by the prospective sponsor rather than their representative, although representatives such as Jones Kelleher & Associates may prepare the application
- Licence applications may also involve a premises visit by BIA to confirm details submitted with the application
- The sponsor must nominate a Key Contact and Authorising Officer, which can be the same person. They can also nominate a single level 1 user and multiple level 2 users
- The Authorising Officer (AO) is responsible for the sponsor licensing application and will be ultimately responsible. They must be a permanent UK employee of the company and cannot be a representative. The AO cannot be an un-discharged bankrupt
- The Key Contact will be the person who will act as the main point of contact between the BIA and the sponsor for issues such as application form errors and payment queries
- The Level 1 User can add other users, and operate activities on a day to day basis, assigning certificates. A Level 1 user may be a representative such as Jones Kelleher & Associates
- The level 2 User may assign certificates, report migrant activity and may be also be a representative
- When applying for a licence the sponsor will have to indicate how many certificates they will require for each category and sub-category (including any anticipated extension applications) for the coming year. The BIA will then set a limit for that sponsor taking into account the sponsor’s track record, type of business, size of business and duration of trading. The sponsor can ask for an increase in certificates and the BIA will consider this
- Each sponsor will have a review point, usually once it has nearly issued it’s allocation of certificates
- A Certificate of Sponsorship for an employee can be cancelled at anytime by the BIA if they have good reason. If the migrant was not involved in the reason for the certificate being cancelled then their permission to be in the UK will be reduced to 60 days to allow them to find a new employer. If they were involved in the reason for the permit being cancelled then their leave will be curtailed immediately
- A licence will last for 4 years following which an employer can apply to renew their licence. An employer must continue to hold a licence for as long necessary to cover any existing migrants working for them, even if they do not intend to make any new applications for certificates
- If the sponsor company is taken over, then the new company will need to apply for a new licence within 28 days of the takeover. If the new company is already a registered sponsor then the BIA must be informed of the takeover.
Employers’ sanctions
In conjunction with the PBS the BIA have introduced the Immigration Asylum & Nationality Act 2006. From 29 February 2008 this introduced:
- broader strict liability civil offences
- limited criminal offences
- civil offence of employing someone subject to immigration control who is not entitled to undertake the work
- statutory defence of having performed prescribed checks
- max £10,000 fine per illegal employee
- A responsibility on employers to check all employment documents every 12 months
How can Jones Kelleher & Associates help?
As you see the Points Based System will make a major change to the way immigration to the UK is controlled. As with all new schemes it will take time for all the practicalities of applying the rules to emerge, however we at Jones Kelleher & Associates are committed to assisting employers in making the transition to the new system and ensuring the impact on your company is minimised. We can help.
04 March 2008
New rules for highly skilled workers came into effect on 29th February 2008 to run alongside the existing Highly Skilled Migrant Programme. From now, anyone in the UK wishing to switch or extend their status into the highly skilled category must apply under the Tier 1 (General) rules. Individuals outside the UK, with the exception of Indian nationals, will continue to apply under the HSMP scheme for the present.
Tier 1 is a points-based system and applicants must now meet pass marks in three separate points scoring areas; in effect it is now necessary to obtain 95 points to qualify to apply for a Tier 1 (General) permit. You must score at least 75 points for attributes (age, qualifications, previous earnings and UK experience) plus another mandatory 10 points for English language ability and further 10 mandatory points for available funds.
The attributes assessment follows along the same lines as the HSMP criteria with the removal of the automatic 75 point scoring MBA provision. Evidence of English language ability now carries an award of 10 points and nationals of majority English speaking countries (as defined by the Border and Immigration Agency) are awarded these automatically. Applicants must also show that they have sufficient funds to support themselves – presently this figure is £800 and is assessed against bank accounts over a three month period immediately preceding the date of the application. The balance of the account is not permitted to fall below £800 at any time during these three months.
Initially, Tier 1 applicants will be given leave to remain for a period of three years. A successful extension application will bring a grant leave for a further two years. The Home Office fee is now £750 for both the initial and extension applications.
We will be adding a Tier 1 (General) points calculator on our website in the near future. In the meantime please use the HSMP calculator to assess whether you score 75 points or more and we can advise on the the two new requirements for Tier 1 (English language and Maintenance) as appropriate.
12 February 2008
New Points Based System (PBS)
The regulations will start coming into force on 29 February 2008 when any Highly Skilled Migrant Programme (HSMP) permit holders currently working in Britain who want to extend their stay will need to apply under the new system. This relates to existing HSMP permit holders (who have had to qualify for initial HSMP and extensions under the points systems since November 2006 anyway). We understand that individuals who are eligible to switch to HSMP from within the UK (e.g. work permit holders) will in future make a combined HSMP and Further Leave to Remain (FLR) application.
In April, the new system will begin to be rolled out overseas when anyone from India who wants to work in the UK as a highly skilled migrant (HSMP) will need to apply under PBS directly to the British High Commission in India. By the summer all new HSMP applications worldwide will have to be made at a relevant British diplomatic mission.
The announcement follows the completion in January of the Border and Immigration Agency’s global rollout of fingerprinting for all visas. Now every person in the world applying for Entry Clearance to come to the UK on a visa has their fingerprints taken and their details checked against watch-lists – if they’re on the list for the wrong reason they can’t come in and could be banned from applying to come again for up to 10 years.