Saturday, 17 May 2008

Immigrant, take note of new Point Base System!

If you are working class immigrant in UK under other visa than ILR, you probably want to know this. (Especially if you are under work permit and due to extend soon, you probably want to check whether you qualified to get points under Tier 1/2 category, or whether your employer had a license to sponsor for your Tier 2 application).
This taken from BIA website at the time of posting.

This page explains in detail the various tiers of the new points-based system, including how it works, the five tiers, the points-based assessment and sponsorship duties.

Please note: The detail of point- based system are being finalised so some aspects are still subject to change. The information given on this website will be regularly updated over the coming months, so re-visit this site to get the latest information.

A points based system: five tiers
Underpinning the new immigration system is a five tier framework. This will help people understand how the system works and direct applicants to the category that is most appropriate for them. The tiers are:
Tier 1: Highly skilled individuals to contribute to growth and productivity;
Tier 2: Skilled workers with a job offer to fill gaps in United Kingdom labour force;
Tier 3: Limited numbers of low skilled workers needed to fill temporary labour shortages;
Tier 4: Students;
Tier 5: Youth mobility and temporary workers: people allowed to work in the United Kingdom for a limited period of time to satisfy primarily non-economic objectives.

The five tiers have different conditions, entitlements and entry-clearance checks. This will make the system easier to understand and use and allow us to adapt our policy on points and sponsorship to the very different needs of those entering the United Kingdom to work or study.

Tiers 3 and 5 are temporary routes and migrants in them will not be able to switch out of them once they are in the United Kingdom. Those in tiers 1, 2 and 4 will be eligible to switch between these tiers subject to meeting the requirements of the tier they want to switch to. Tiers 1 and 2 will potentially lead to settlement if settlement requirements are met at the time of that application.

Dependants are allowed under tiers 1, 2, 4 and 5. However, dependants are not be allowed to work where accompanying a student (Tier 4) or a temporary worker (Tier 5) who has been given less than 12 months leave in the United Kingdom.

Tier 1
Tier 1 has four separate categories:
General: if migrants are looking for highly skilled employment in the United Kingdom, or are self-employed or setting up a business;
Investor: if you are making a large investment in the United Kingdom;
Entrepreneur: if you are investing in the United Kingdom by setting up or taking over the running of a business;
Post-study: if you are studying now and have in past in the United Kingdom, and also to boost the United Kingdom as a somewhere you want to come as an international student to keep the best international graduates.

Tier 1 will be implemented in two phases:

Phase 1: if you are in the United Kingdom and are eligible to switch into tier 1, or you are applying from India;
Phase 2: if you are applying from the rest of the world, and the remaining tier 1 categories (investors, entrepreneurs and post-study), both in and outside the United Kingdom and will be implemented in the summer of 2008.

Categories for tiers 2 to 5 will launch later as the tiers are phased in.

Points-based assessment
For each tier, applicants need to score enough points to gain entry clearance or leave to remain in the United Kingdom. Points are awarded based on objective and transparent criteria. We also look at whether the applicant is likely to comply with their immigration requirements in the United Kingdom.

In Tier 1 - highly skilled workers and
Tier 2 - skilled workers with a job offer, points are awarded for attributes such as age, previous salary or prospective salary and qualifications. Prospective applicants can assess themselves against these criteria using our points-based calculator, which is an online self-assessment tool, to see whether they have enough points to qualify before paying an application fee.

Points allow us to have an objective way of making decisions and to trade off attributes against each other. The highly skilled migrants programme is already based on points and we have found this approach to be successful. We are able to rely on a more structured and objective decision making process which is more transparent and easier to use for applicants.

Under Tier 1: (General) applicants must score at least 95 points. This must include at least 75 points scored for primary attributes and, in all cases, 10 points each for English language and maintenance (funds).

Sponsorship duties
Employers and institutions play a crucial part in making sure the system is not abused. Employers and institutions must apply for a licence to sponsor and bring migrants in to the United Kingdom, and meet a number of sponsorship duties.

All applicants in tiers 2 to 5 must give a certificate of sponsorship from a licensed sponsor when applying to come to the United Kingdom or for permission to stay.

All sponsors are given an A or B rating when they are licensed, which will be published on our website on the register of sponsors. Prospective employees or students will therefore be able to see the rating and take it into account in deciding which sponsor to choose.

A B-rating is a transitional rating. This means the B-rated sponsor will have to improve their performance sufficiently within a relatively short time period, to be upgraded to an A-rating, or risk having their licence withdrawn.

A sponsorship action plan will be drawn up, listing the steps that they need to take in order fully to comply with your sponsorship duties and obtain an A-rating.

Serious breaches of the rules may lead to sponsors being removed from the register of sponsors and prevented from employing migrant workers.The method for deciding whether you qualify to come to work, train or study in the United Kingdom under our points-based system. To qualify, you must earn a certain number of points in various categories. The responsibilities organisations have when they sponsor migrants under the points-based system. The duties are record keeping, reporting, compliance, co-operating with us and tier specific duties.The categories for which you may score points to meet the requirements to apply to come to the United Kingdom under the points-based system. The categories are: qualifications, earnings, age, and United Kingdom experience.This term is applied to a sponsor under the points-based system for coming to the United Kingdom to work, train or study. It is the rating awarded by us when a sponsor joins the register of sponsors. A B rating is a transitional rating for a sponsor who is under a sponsorship action plan.

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