The 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.

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 to see whether they have enough points to qualify before going ahead to make an application.

According to the BIA points allow an objective way of making decisions and to trade off attributes against each other based on a more structured and objective decision making process which is more transparent and easier to use for applicants

Tier 1 (General Migrant)

This covers Highly Skilled Workers under the Highly Skilled Migrants Programme, which is geared towards allowing the non-European Economic Area nationals whom will contribute most to the United Kingdom economy to come to live and work in the United Kingdom. A person using HSMP route requires no sponsors and eligibility is based on the applicant successfully achieving a score of 75 points.

General Requirements and Eligibility:

Under Tier 1, the visa applicant scores the 75 points from any of the following areas: English Language ability, Maintenance, Qualifications, Previous Earnings, Age, Work experience or qualifications earned in the United Kingdom.

As with all categories of Tier 1 the UK visa applicants in the General Tier 1 group must be able to satisfy the language and maintenance requirements and must score a pass mark of 10 points in both requirements.

English Language Proficiency:

Under the PBS, emphasis is placed upon the applicant being proficient in English language. In Tier 1, with the exception of those entering the UK as investors, this requirement is particularly important and the skilled migrant is expected to prove their English language ability by demonstrating one of the following:

1. They come from a country in which English is the main language
2. They have passed an English language test which is equal to or exceeds level C1 of the Council of Europe's Common European Framework for Language Learning.
3. They have successfully completed a degree course which was taught in English

Once this requirement is satisfied, Applicant will score 10 points

Maintenance:

Highly skilled migrants relocating to the UK under any of the Tier 1 subdivisions must be able to support themselves and any dependents joining them in the UK. The total sum necessary to satisfy this requirement for the main applicant is £2,800; The first dependent will require two thirds of this sum with any further dependents requiring one third Once this requirement is satisfied, Applicant will score 10 points

Applicant's qualifications,

Applicants will be awarded points for their highest qualification as follows:

PhD = 50 points
Master's degree = 35 points
Bachelor's degree = 30 points

Previous earnings:

Here points can be claimed for previous gross earnings before tax over a total period of 12 months out of 15 months immediately prior to the submission of the HSM application.
Minimum points awarded are 5 points and maximum is 45 points.

40,000 + - 45 points
35,000-39,999 = 40 points
32,000-34,999 = 35 points
29,000-31,999 = 30 points
26,000-28,999 = 25 points
23,000-25,999 = 20 points
20,000-22,999 = 15 points
18,000-19,999 = 10 points
16,000-17,999 = 5 points

Age:

Applicants will be awarded points depending on the age as below. No points are awarded in this category for applicants aged 32 or older.

Under 28 = 20 points
28 or 29 = 10 points
30 or 31 = 5 points

Work experience or Qualifications earned in the United Kingdom.

In addition to the points outlined below, applicants may be eligible for a further 5 points where they can show proof of earnings or of qualifications gained whilst in the United Kingdom.

Once the applicant obtains a visa in this category, s/he will be granted leave to remain in the United Kingdom initially for a period of three years, extendable for another two years and which will lead to the applicant becoming eligible to apply for indefinite leave to remain in the United Kingdom after spending five years leave under the HSMP.

Tier 1 Post Work Study

The Post-Study Work category of Tier 1 visas allows non-EEA nationals graduating from UK universities to transfer into a work related category of leave to enter or remain in the United Kingdom or visa.

The Post-Study Work visa replaces both the previous International Graduates Scheme (IGS) and the Fresh Talent: Working in Scotland Scheme, allowing successful applicants to transfer into any other tier 1 visa category under the Points Based System, if they can meet the specific requirements of that category.

Post-Study Work visa holders will also be able to transfer into Tier 2, which replaces the previous system of UK work permits.

The Post-Work Study category issues visas or leave to remain for only two years and does not allow the applicants to extend their time in the UK under in this category and the two-year duration does not count toward the residency requirements for gaining settled status in the UK.

Post Work Study Visas will however allow the applicant / holder to progress to either another category of Tier 1 or to Tier 2 by securing a sponsor.

General Requirements under Tier 1 Post Work Study:

To apply under this points-based programme and be accepted into the post-study worker category, the applicant must pass a points-based assessment.

The applicant must score:

75 points for attributes, which are a United Kingdom qualification, study at a United Kingdom institution, Applicant’s immigration status during United Kingdom study and / or research, and the date of award of the qualification; and also score:

Points are awarded for the following categories:

If the applicant does not score a minimum of 75 points for attributes, 10 points for English language and 10 points for available maintenance (funds), the application will be refused.

Also under Tier 1 are:

Tier 1 (Investor) and Tier 1 (Entrepreneur)
Tier 2 Sponsored Skilled Workers

The skilled worker category (Tier 2 General) is for people coming to the United Kingdom with a skilled job offer to fill a gap in the workforce that cannot be filled by a settled worker or professions listed as Shortage Occupations.

This category replaces the Work Permits and will include Overseas Qualified Nurses and midwives (with a job offer), Representatives of overseas media organisations, Airline ground crew, some seafarers including those working on vessels on one-port voyages and many other professionals.

In order to apply under the skilled worker category (Tier 2 General) the applicant must have a Sponsor and a valid certificate of sponsorship.

Tier 2 Points Test

For possible entry to the UK as a skilled worker under the terms of Tier 2 (general category) the applicant has to score a minimum total of 70 points as detailed below:

10 points for Maintenance Requirements

10 points for the English Language Requirements

The remaining points are awarded for various 'Attributes' (sponsorship, academic qualifications and prospective earnings) and the applicant needs to score a minimum of a further 50 points from a possible total of 85 from the following categories:

Sponsorship:

You will need to be in possession of a job offer and a valid Certificate of Sponsorship from your prospective employer.

For a job on the Shortage Occupation List the applicant scores 50 points If the job is not on the Shortage Occupation List applicant scores 30 points

Points from Academic Qualifications

Applicants can score the following points for their highest qualifications:-

PhD = 15 Points
Bachelors or Masters Degree = 10 Points
GCE A level or equivalent = 5 Points

Prospective Earnings

Applicants can score a maximum of 20 points for the annual earnings specified in the Certificate of Sponsorship as follows:

20 points for salary of £24,000 +
15 points for salary of £22,000 to £23,999
10 points for salary of £20,000 to £21,999
5 points for salary of £17,000 to £19,999

Tier 2 (Intra-Company Transfer)

The intra-company transfer category is 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.

The employee must have a Sponsor and a valid certificate of sponsorship before applying under the intra-company transfer category

If an organisation wishes to offer employment to people from outside the EEA/ EU under the terms of Tier 2 for Intra Company Transfers then it must first Register with the UK Border Agency and obtain a Sponsorship License. The organisation can then issue a job offer and a Certificate of Sponsorship to the Intra Company Transferee

Requirements for Intra Company Transferee:

Under Tier 2 (General) or Tier 2 (Intra Company Transfer), an applicant must score: At least 50 points for attributes, which can include qualifications and prospective earnings and 10 points for English language.

The exception to this is where the applicant is applying for entry clearance as an Intra Company Transferee, or extending his/her leave to remain in the United Kingdom where that extension will not take his/her total leave under Tier 2 (Intra Company Transfer) to longer than three years; and 10 points for maintenance (funds).

Under Tier 2 (Sportsperson) and Tier 2 (Minister of Religion) applicants must score: 50 points for a certificate of sponsorship 10 points for English language 10 points for maintenance

Tier 2 Sports People

The Sportsperson category is 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.

To apply as a sportsperson, the Applicant must have:

A sponsor A valid certificate of sponsorship with a governing body endorsement number and the Sponsor must provide it when issuing the Certificate of sponsorship to the applicant.

Under Tier 2 (Sportsperson) applicants must score: 50 points for a certificate of sponsorship 10 points for English language 10 points for maintenance

Once an applicant is given permission to stay as a sportsperson, s/he will be able to live and work in the United Kingdom for a maximum time of three years plus one month, or the time given in the certificate of sponsorship plus one month, which ever time is shorter.

At the end of the three years, s/he will need to apply to extend the stay as a sportsperson if s/he wants to stay for a longer period. If s/he applies to extend the permission to stay in the United Kingdom as a sportsperson, s/he will get another two years, or the time given in the certificate of sponsorship plus 14 days, which ever time is shorter.

If s/he is given permission to stay in the United Kingdom and the previous permission to stay was as a work permit holder, s/he can still apply under the transitional arrangements and still get permission to stay for a time that takes the applicant to five years in the United Kingdom.

The applicant may apply for settlement once he/r has been here for five years. If the person does not qualify or apply for settlement s/he must apply under the points-based system and make a new application.

If the applicant wants to come to the United Kingdom as a sports person for a shorter time, s/he should apply under the creative and sporting worker category of tier 5

Tier 2 Ministers of Religion

The minister of religion category is for people coming to the United Kingdom as a religious worker within a religious organisation for more than two years.

The role of the minister of religion category can include: Preaching or performing pastoral duties; work as a missionary; or work in a religious order within a community which involves a permanent commitment like a monastery or convent.

Pastoral duties include: Leading worship regularly and on special occasions; giving religious education to children and adults by preaching or teaching; officiating at marriages, funerals and other special services; offering counselling and welfare support to members of the congregation; recruiting, training and co-ordinating the work of any local volunteers and lay preachers.

Work as a missionary is not just preaching and teaching and can include: The organisation of missionary activity, but should not be administrative or clerical, unless filling a senior post; supervising staff; co-ordinating the organisation of missionary work; being in charge of a particular activity such as accounts/finance, personnel management or Information Technology; or translating religious texts is missionary work not clerical work.

The work in a religious order must be in the order itself or outside work directed by the order.

An applicant who wants to come to the United Kingdom as a religious worker for a shorter time, you should apply under the religious worker category of Tier 5.

How to apply as a Minister of Religion!

To apply under the Minister of Religion category the applicant must have a Sponsor and A valid certificate of sponsorship.

Under Tier 2 (Sportsperson) and Tier 2 (Minister of Religion) applicants must score:
50 points for a certificate of sponsorship
10 points for English language
10 points for maintenance

An applicant can demonstrate the necessary competence in English in one of three ways.

By being a national of a majority English-speaking country By successfully completing a degree equivalent to a UK Bachelors degree taught in English By passing an acceptable English language test

You can apply under the minister of religion category now if you are:

Applying for a visa or entry clearance to enter the United Kingdom under the minister of religion category, or you are already in the United Kingdom with permission to stay in an immigration category that allows you to switch into the minister of religion category and want to extend your permission to stay within your existing category

If you are given permission to stay as a minister of religion, you will be able to live and work in the United Kingdom for a maximum time of three years plus one month, or the time given in your certificate of sponsorship plus one month, which ever time is shorter. At the end of the three years, you will need to apply to extend your stay as a minister of religion if you want to stay.

If you are given permission to extend your stay in the United Kingdom as a minister of religion, you will get another two years, or the time given in your certificate of sponsorship plus 14 days, which ever time is shorter.

If you are applying to extend your permission to stay in the United Kingdom and your previous permission to stay was as a work permit holder, you can still apply under the transitional arrangements and you will get permission to stay for a time that takes you to five years in the United Kingdom.

You may apply for settlement once you have been here for five years. If you do not, you must apply under the points-based system and make a new application.