UK Work Permit - Point Based System
At the end of November the UK Border and Immigration Agency will be launching the skilled worker tier (tier 2).
Under the points-based system, employers will need a sponsor license to bring in skilled or temporary workers from outside the European Economic Area or Switzerland.
Under the new system, migrants will need to pass a points-based assessment before they are given permission to enter or remain in the United Kingdom
If an employer wishes to recruit a migrant under tier 2, they will have to apply for a sponsor license.
Under tiers 2, the sponsor will need to be a UK-based employer.
Tier 2 has four categories of workers:
- skilled workers (general);
- intra-company transfers;
- sports people; and
- Ministers of religion.
The role of the sponsor
If an employer wishes to recruit a migrant under tier 2, they will have to apply for a sponsor license.
Under tiers 2, the sponsor will need to be a UK-based employer.
Tier 2 has four categories of workers:
- skilled workers (general);
- intra-company transfers;
- sports people; and
- Ministers of religion.
HR systems and compliance
Good human resource systems and compliance must be in place to allow the company and The Home Office to monitor and keep records of the migrants employed. Sponsorship duties Sponsors are fully responsible for the actions of any migrant they employ & must ensure migrants comply with their immigration conditions, by keeping records on each migrant, and reporting any changes to the Home Office , such as if they do not turn up for work.
Non compliance will result in license downgraded to a B rating or withdrawn.
Ratings
As a licensed employer, you will be given an A rating or a B rating and you will be added to the Home Office's published register of sponsors.
Sponsors that are thought to pose a risk to immigration control or those who do not have the correct systems in place will be given a B rating.
B-rated sponsors must follow a sponsorship action plan designed to help them become A-rated or they risk losing their license.
Certificates of sponsorship
Sponsors are responsible for issuing certificates of sponsorship to migrants. As well as having a certificate of sponsorship, migrants must also pass a points-based assessment to come to or stay in the United Kingdom.
Migrants will need permission to come to the United Kingdom (known as 'entry clearance') and a biometric identity card before entering the United Kingdom.
Sponsoring skilled workers
Before you can sponsor a skilled migrant, you need to check that the job you are sponsoring them to do meets the conditions of the sponsored skilled worker tier.
- the job must be skilled at N/SVQ level 3 or above; and
- the job must be paid at the appropriate rate or above; and
- you must normally have carried out a resident labour market test for the job before sponsoring a migrant, if the job on offer is not listed in shortage category.
The migrant will still need to score enough points to qualify under the skilled migrant tier. If the job meets the conditions above, this does not necessarily mean that the migrant's application will be approved.
Points assessment
Migrants will need to score a pass mark of 70 points from the three sets of criteria. These are:
- attributes;
- English language skills; and
- maintenance.
Attributes
50 points must be scored in this category:
- sponsorship;
- qualifications; and
- Prospective earnings.
Resident labour market test
If the job is not on the shortage occupation list, the job offer will need to pass the resident labour market test- (Advertisement in the news papers or website)
Sponsorship
If the migrant is issued a certificate of sponsorship for a job on a shortage occupation list he or she will be awarded 50 points.
If the migrant is issued a certificate of sponsorship for a job not covered in the shortage occupation list he or she will be awarded 30 if the job has passed the resident labour market test.
Qualifications
Migrant can score up to 15 points for your qualifications. Points will be awarded in the following way:
| Qualifications |
Points awarded |
| No qualifications |
0 |
| NVQ level 3 |
5 |
| Bachelors or masters |
10 |
| PhD |
15 |
Points will be awarded for the highest level qualification held.
Prospective earnings
Migrant can score up to 20 points for your prospective earnings. Points will be awarded in the following way:
| Prospective earning (£) |
Points awarded |
| 17,000 - 19,999 |
5 |
| 20,000 - 21,999 |
10 |
| 22,000 - 23,999 |
15 |
| 24,000 + |
20 |
Maintenance
Applicant must score 10 points in this category by showing that he or she is able to support himself while in the United Kingdom.
£800 for the main applicant and £533 for each dependant.
English language skills
Applicants must score 10 points in this category by showing that they are able to speak English to a basic standard. This is a mandatory requirement. Accepted as evidence will be available on the website
Applicant will need to show that he or she is competent in the English language by:
- passing a test in English equivalent to the appropriate level;
- coming from a majority English speaking country; or
- having taken a degree taught in English (verified using national academic recognition information centre data).
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