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Correct at time of publication, February 2009

UK Immigration update 2009

Last year the UK immigration rules significantly changed with the introduction of the points-based system which will affect any migrants coming to the UK from countries outside of the European Economic Area.

All of the current visa categories (more than 80 in total) have been reclassified into 5 tiers. These 5 tiers are:

1. Tier 1 - (General) highly skilled workers (and will also include investors, entrepreneurs and post study workers);
2. Tier 2 - skilled workers with a job offer;
3. Tier 3 - low skilled workers filling specific temporary labour shortages;
4. Tier 4 - students; and
5. Tier 5 - youth mobility and temporary workers.

Tiers 1 (General) and 2 are likely to be the most popular for companies or individuals looking to enter the UK for work purposes.

Tier 1 (General) – Highly Skilled

• Tier 1 (General) is broadly similar to the former Highly Skilled Migrant Programme. The applicant does not have to have a job offer (or sponsor) in order to enter the UK in this category.
• The applicant will need to obtain a certain number of points in various categories:
  • Qualifications 0-50 points available
  • Age 0-20 points available
  • Earnings 0-45 points available
  • Previous UK experience 0- 5 points available
• The applicant must score at least 75 points in the categories set out above

AND

• Must satisfy the English language requirement (10 points)

AND

• Must satisfy the Maintenance test (10 points) – currently applicants in most cases must show that they have at least £2,800 (and have had this amount in their bank account every day for at least 3 months) if the applicant is bringing dependants, then greater maintenance funds will be required.

If all criteria are satisfied, the applicant will be entitled to enter and remain in the UK for 3 years. Extensions are possible.

Tier 1 will also include applications for investors, entrepreneurs and post study workers and will result in the applicants having to obtain a certain number of points based on various criteria.

Tier 2 – Skilled Workers (replaces the work permit scheme;

• To apply under this Tier, the applicant must have a job offer and a sponsor (employer) licensed by the UK Border Agency to support the job offer.
• This Tier will involve a 3 stage process:

Sponsor Licence

• The sponsor (employer) must apply for a licence which must be approved by the UK Border Agency (the “Agency”). The Agency will carry out appropriate checks which may include physically visiting the sponsor before deciding whether to grant the application for a licence for up to 4 years.

Certificates of Sponsorship

• Once licensed the sponsors will then be able to issue Certificates of Sponsorship (“CoS”) (a virtual document) to potential migrants.

Entry Clearance

• All migrants will then need to obtain prior entry clearance. This prior entry clearance process will be founded on a points based criteria in which the migrant must obtain a certain number of points based upon the CoS, qualifications and earnings.

The migrant must also show that they have competence in English (10 points) and enough money to maintain themselves and any dependants here in the UK (10 points) – initial applicants must have at least £800 and further funds if dependants are accompanying them. If all criteria are satisfied, the applicant will be entitled to enter and stay in the UK for up to 3 years. Extensions are available.

Sole Representative

This type of visa, which allows companies to send a single employee to the UK in order to set up a branch or subsidiary of an overseas company is still operational and is currently outside the Tier system.