Working in the UK

The new Points Based System for migrants coming to work in the UK

In February 2008 the UK introduced a strict new Points Based System of managed migration. The UK Borders Agency (UKBA) now requires non EEA migrants wishing to work in the UK to obtain sufficient ‘points’ to qualify for Entry Clearance. Most migrant workers will require a UK employer to sponsor them to come to work in the UK.

The PBS will have five levels or ‘Tiers’. Tier 1 (General) is for very highly skilled jobs such as doctors and is already in force. Tier 2 is for skilled jobs, which is defined as requiring an NVQ Level 3 or higher. Tier 3 has been suspended and Tier 4 is for Students. Tier 5 is for Youth Mobility and temporary workers.

The new Points Based System replaces the old Work Permit System.

From autumn 2008, the old system of Work Permits will no longer apply. Individuals will need to have a UK employer as a Sponsor before they can apply for Entry Clearance to come to the UK under Tiers 2 or 5. Tier 1 (General) do not require a Sponsor to come to the UK.

The Talk Visa team can advise on the criteria needed to qualify under the various Tiers, also on extending permission to stay in the UK and on switching between the different Tiers, for example moving to a new employer or changing jobs.

Transitional Arrangements

There are complex transitional arrangements covering migrants already lawfully working in the UK. The experts at Talk Visa can guide you through how the transitional arrangements affect your rights to stay and work in the UK. Talk Visa can also provide advice to individuals on the complicated Rules which govern becoming a worker in the UK when switching from a different category of immigration.

Applications to come to work in the UK

Most non-EEA migrants will need a UK employer as a sponsor in order to apply to come to work in the UK. All sponsors will have to be registered in a Register of Sponsors which a migrant can check when choosing a potential employer in the UK. The employer must issue the prospective migrant with a Certificate of Sponsorship before they can come here to work.

In addition to having a Certificate of Sponsorship however, a will still have to score enough points to successfully apply for Entry Clearance to the UK. Some Points will be awarded for the Certificate but in addition, points will be assessed and awarded on the basis of Qualifications, Experience, Prospective Earnings, English Language Skills and the worker’s ability to financially maintain himself and any dependents in the UK.

Tier 1 (General) highly skilled migrants do not need to have a job offer or a sponsor to come to work in the UK. However, they must still score enough points to obtain Entry Clearance.

Contact Talk Visa today for expert advice and assistance to guide you successfully through the process of applying to work in the UK under the new rules.

You can register with our affiliate if you meet the requirements for Shortage Skills criteria (see the LINK on our web site). They can advise you about job prospects and you can join their database.