Warner News
11/06/2010
Migrants marrying UK citizens must now learn English
Compulsory English language tests will be introduced for non-European migrants.
01/10/2009
Two new policy announcements for Tier 4
New policy for Tier 4 sponsors
How the Tiers Work
We like the idea behind the Points Based System if it truly means the UKBA Caseworkers, Entry Clearance Officers and Immigration Officers make decisions based on genuine documentation and information and not on guess work.
A prime example of guess work is where one of our clients went back to India and made an application himself for entry clearance but the application was refused. It was refused, because the Entry Clearance Office believed our client was working full time on his student visa.
The fact is our client had gained great specialist skills and experience before becoming a student in the UK. He took a part time job as per his student visa responsibilities, which paid him a salary that would be expected of a reasonable full time job. The Entry Clearance Officer did not make any enquiries into the higher than normal earnings, he simply made a decision based on nothing more than assumption. He took a guess that our client had been working full time.
The refusal by the Entry Clearance Officer was lazy and unprofessional, and the decision could have had an astonishingly negative impact on a young man's life and his career due to no fault of his own. We had the decision overturned by showing the Entry Clearance Manager our clients contract of employment, which stated his hours and salary, but this situation should not happen in the first place.
A points based system: five tiers
The Tiers are meant to help people understand how the system works and should direct applicants to the category that is most appropriate for them. However, please note that not all visa categories are covered under the new Tier system, just to confuse you a little more. Please see under the heading Other Visas for futher details if your requirement is not under the 5 tiers. 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 objective |
The five tiers have different conditions, entitlements and entry-clearance checks. This should make the system easier to understand and use for UKBA personnel, employers and individuals. The system also enables the UKBA to adapt thier policy on points and sponsorship to the very different needs of those entering the United Kingdom to work or study, and to adapt policy and points to meet the needs of UK PLC.
Tiers 3 and 5 are temporary routes into the UK. Migrants in these categories will not be able to switch out of them once they are in the United Kingdom - switch means to change to another visa whilst in the UK. 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 categories:
| General: |
if you 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 work: |
if you are studying now or have studied in the past in the United Kingdom |
Tier 2
Tier 2 has four categories:
| General: | if you are a skilled worker with a job offer from a licensed sponsor coming to fill a gap in the workforce that cannot be filled by a settled worker |
| Intra-company Transfer: | for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a United Kingdom based branch of the organisation |
| Minister of Religion: | for people coming to the United Kingdom as a religious worker within a religious organisation for more than two years |
| Sportsperson: | for elite sports people and coaches who are internationally established at the highest level, and will make a significant contribution to the development of their sport |
Tier 5
Tier 5 has six categories:
| Temporary worker: | creative and sporting: or people coming to the United Kingdom to work or perform as sports people, entertainers or creative artists for up to 12 months |
| Temporary worker: | charity: or people coming to the United Kingdom to do voluntary work for charity, which is not paid work |
| Temporary worker: | religious: for people coming to the United Kingdom to work temporarily as a religious worker |
| Temporary worker: | government authorised exchange: for people coming to the United Kingdom through approved schemes that aim to share knowledge, experience and best practice and experience the social and cultural life of the United Kingdom |
| Temporary worker: | international agreement: for people coming to the United Kingdom under contract to do work that is covered under international law, including the General Agreement on Trade in Services (GATS), similar agreements between the United Kingdom and another country, employees of overseas governments and international organisations, and private servants in diplomatic households |
| Youth mobility scheme: |
for young people from participating countries who would like to experience life in the United Kingdom |
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.
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.