UK prepares for points-based immigration system

The UK’s Border & Immigration Agency (BIA) will introduce a new ‘points-based system’ (PBS) during the first quarter of this year.

The PBS will mean that all non-EEA migrant workers, with the exception of Highly Skilled Migrants, will require sponsorship from a UK employer before applying for entry clearance.

Once awarded sponsorship, the applicant will need to score the requisite number of points in their chosen immigration tier.

Points will be awarded in various categories, including qualifications and previous earnings.

How will the PBS operate?

Applicants under the new system will need to gain a sufficient number of points in their chosen tier, in a similar way to the points-based evaluation scheme that is currently used for the UK’s Highly Skilled Migrant Programme.

The new system is aimed at achieving a simplification of the immigration process.

Points will be awarded to reflect aptitude, experience, age and also the level of need in any given sector, in order to allow the UK to respond flexibly to changes in the labour market.

The objective of a points-scoring system is that prospective migrants will be able to assess themselves against transparent criteria to avoid making speculative and erroneous applications.

From a business perspective it aims to be quicker and simpler for employers to bring in the migrants they need, and there will be more certainty about whether prospective migrants will be able to come to the UK.

The five tiers

The system will involve consolidating all the existing work and study immigration routes into five tiers.

In the first tier highly skilled workers, such as scientists or doctors, will be able to come to the UK with or without a job offer.

Skilled workers, particularly those in “shortage areas” as nurses, will be able to qualify for the second tier but will have to have a job offer.

The third tier is for low-skilled workers filling specific temporary labour shortages such as construction workers for a particular project.

Tier 4 is solely for students coming to study in the UK and Tier 5 caters for youth mobility and temporary workers such as musicians playing concerts in the UK or working holiday makers.

System of sponsorship

The formal rules governing the licence regime for sponsorship have not been published yet.

In brief, however, employers will apply for a sponsorship licence which will entitle them to apply for certificates of sponsorship.

Following submission of the application, the sponsor will need to send in hard copies of supporting documents to the BIA within 14 days.

Living and working in the UK

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The BIA will review the sponsor’s performance after a certain number of certificates have been issued.

In particular, the BIA will check to see whether the sponsor is complying with its licensee duties, such as keeping records of its workers or reporting any absenteeism or other defaults.

The new system of sponsorship is intended to grant some autonomy to licensed sponsors in their recruitment of migrant workers, as well as ensuring that employers play a role in regulating and monitoring those workers.

Business gains control

The new system is aimed at achieving a simplification of the immigration process and will direct applicants to the categories that are most appropriate to them.

Undoubtedly, this will involve a transitional phase, requiring employers and employees alike to adjust to the workings of the points-based scheme.

The new system will inevitably provide employers with increased control and responsibilities and it is hoped that by allowing employers to issue certificates of sponsorship, this will facilitate their employment of skilled migrants and allow them to “take ownership of migration” in line with the stated aim of the Government.