Understanding the Points-Based Immigration System in the UK: A Comprehensive Overview
Navigating the UK’s new immigration landscape is crucial for both employers and potential migrants. The points-based immigration system in the UK prioritises skills and talent. It supports a long-term labour market strategy, replacing the free movement between the UK and the European Union which ended on 31 December 2020.
Applicants must meet specific criteria and score the necessary points to qualify under this system. For skilled workers, having a job offer from an approved employer sponsor at the required skill level is essential. This approach aims to attract talent that can significantly contribute to the UK economy.
EU nationals need to adapt to this new system since it applies equally to EU and non-EU citizens. Whether you are looking to work, study, or understand your rights post-Brexit, this system reshapes the criteria by which individuals can move to and remain in the UK.
Key Takeaways
- The UK prioritises skills and talent in its points-based immigration system.
- Skilled workers need a job offer from an approved employer sponsor.
- The system applies equally to EU and non-EU citizens post-Brexit.
Overview of the UK Points-Based Immigration System
The UK’s points-based immigration system, implemented in 2021, represents a significant shift from the previous freedom of movement arrangements. This system prioritises skills and qualifications, applying equally to both EU and non-EU citizens.
Evolution from Free Movement to a Points-Based System
The UK left the European Union on 31 January 2020, which marked the end of free movement between the UK and the EU. On 1 January 2021, the UK introduced a new points-based immigration system. This system makes it possible for skilled workers from around the world to apply for visas based on a set of criteria.
This departure from the previous free movement policy ensures that migration policies are now equal for all nationalities. It also means that EU citizens are subject to the same rules as non-EU nationals. The shift was part of a broader effort to control immigration and prioritise individuals who could contribute to the UK economy.
The Points-Based System Explained
The points-based system is designed to attract skilled workers by giving points for specific attributes. Applicants must meet a minimum points threshold to qualify for a visa. Points are awarded based on criteria such as job offer, salary level, English language skills, and qualifications.
Applicants need a minimum of 70 points to be eligible for a visa. For example, having a job offer from an approved sponsor provides 20 points, while meeting the required salary threshold offers up to 20 points. Additional points can be earned for possessing a PhD or a job in a shortage occupation.
For most applicants, the process is digital and straightforward. They initiate the application through the GOV.UK portal and provide necessary documentation to support their claims.
Visa Categories within the Points-Based Immigration System
The points-based immigration system encompasses several visa categories, each tailored to different types of workers and circumstances. Key categories include the Skilled Worker visa, which is intended for individuals with job offers from UK employers, and the Global Talent visa, aimed at exceptionally talented individuals in specific fields.
Other categories include the Health and Care Worker visa for professionals in healthcare, and the Student visa for those pursuing education in the UK. There are also specific routes for start-up founders and innovators.
Each category has distinct requirements and eligibility criteria tailored to the specific needs of the UK labour market. This structured approach aims to streamline the immigration process and address various sectors’ demands effectively. For more details, applicants can refer to the official GOV.UK immigration guidance.
Eligibility and Criteria for Skilled Worker Visas
The UK’s points-based immigration system allows skilled workers from across the globe to work in the UK. Eligibility for a Skilled Worker visa requires meeting specific criteria related to qualifications, salary thresholds, and sponsorship by an approved employer.
Who Qualifies as a Skilled Worker
To qualify as a skilled worker, individuals must have a job offer from a UK employer that holds a valid sponsor licence.
The job must be at a required skill level of RQF level 3 or above. This level corresponds to A-level qualifications or equivalent.
Applicants must also demonstrate sufficient proficiency in the English language.
Additionally, the job should not be easily filled by a resident worker, ensuring that foreign workers are only brought in where necessary.
Salary Thresholds and Going Rates
Skilled workers must meet certain salary criteria to qualify for the visa. The general salary threshold is set at £25,600 or the “going rate” for the specific occupation, whichever is higher.
The going rate is established at the 25th percentile of earnings in the specific occupation.
Lower salary thresholds may apply for jobs on the shortage occupation list or for roles where the candidate is a new entrant to the labour market.
Additional allowances or bonuses are not considered when calculating whether the salary threshold is met.
Sponsorship and Employer Responsibilities
UK employers wishing to hire skilled workers from abroad must hold a sponsor licence issued by the Home Office.
Employers must undertake proper due diligence, ensuring that the job offered to the worker meets the necessary skill and salary requirements.
The immigration skills charge is a mandatory fee that sponsors must pay for each skilled worker they employ through the Skilled Worker and Intra-company Transfer routes.
Sponsoring employers are also responsible for maintaining accurate records of their foreign employees and reporting certain events to the Home Office, ensuring compliance with immigration regulations.
Studying in the UK under the Points-Based Immigration System
The UK has an established points-based system for international students wishing to study. This system ensures students meet specific criteria and are eligible for several post-study opportunities.
Requirements for International Students
To study in the UK, international students must apply for a Student visa. Applicants must show they have been offered a place at an authorised UK educational institution. They also need to prove their proficiency in the English language, typically through tests such as IELTS or TOEFL.
Additionally, students must demonstrate sufficient financial resources to support themselves and pay for their course. This includes showing they have enough money to cover tuition fees and living expenses. Details on financial requirements can be found on the government’s official guidance.
Graduate Visa Route and Post-Study Work Opportunities
After completing their studies, international students may apply for the Graduate visa. This allows them to stay in the UK for up to two years (or three years for PhD graduates) to work or look for work. This route does not require a job offer to apply.
Students can partake in various post-study work opportunities, from short-term, temporary jobs to long-term career pursuits. It’s designed to make the UK an attractive option for talented graduates. You can begin your application for the Graduate visa on the GOV.UK website.
This path aims to retain skilled graduates, contributing to the country’s innovation and competitiveness.
Rights and Status of EU Nationals Post-Brexit
Post-Brexit, the rights and status of EU nationals in the UK have undergone significant changes. The EU Settlement Scheme was introduced to allow EU citizens to continue living in the UK, subject to certain criteria. There are two main statuses under this scheme: pre-settled and settled status.
EU Settlement Scheme
The EU Settlement Scheme was implemented by the UK government to provide a legal route for EU nationals to secure their residence rights post-Brexit. This scheme ensures that EU citizens and their family members can continue living, working, and accessing public services in the UK.
All EU nationals who were resident in the UK by 31 December 2020 were eligible to apply. The application process involves proving identity, residence in the UK, and any criminal convictions. Successful applicants receive either pre-settled or settled status, depending on their length of residence.
Irish citizens do not need to apply to the EU Settlement Scheme due to their existing rights under the Common Travel Area agreements.
Pre-Settled and Settled Status
Pre-Settled Status: Pre-settled status is granted to EU nationals who have been living in the UK for less than five years. This status allows them to stay in the UK for a further five years from the date it is granted. Holders of pre-settled status can convert it to settled status once they have completed five years of continuous residence in the UK.
Settled Status: Settled status is granted to EU nationals who have lived in the UK for five years or more. This status allows them to stay in the UK indefinitely. It offers similar rights to British citizens, including access to public services, healthcare, and the right to work. Settled status holders can also apply for British citizenship if they meet the eligibility criteria.
Frequently Asked Questions
This section addresses key points regarding the UK’s Points-Based Immigration System, focusing on specific criteria, requirements, and recent changes. Whether you are a skilled worker, international student, or employer, understanding these details is essential.
How is the points total calculated in the UK’s Points-Based Immigration System?
Points are awarded based on a combination of factors, including job offer, skills, English language proficiency, and salary levels. A minimum of 70 points is necessary to qualify for most visa categories.
What are the core requirements to qualify for a Skilled Worker visa in the UK?
Applicants must have a job offer from an approved employer, meet the English language requirement, and the job must be at the required skill level of RQF 3 or above. Salary thresholds also apply.
What changes have been introduced to the UK Immigration Rules in 2024?
Recent changes have streamlined the points allocation processes and tightened requirements for certain categories. Adjustments have been made to ensure the system better aligns with economic needs and skill shortages.
How can an international student secure 70 points to obtain a UK Student visa?
International students must demonstrate a Confirmation of Acceptance for Studies (CAS) from an approved institution, English language proficiency, and proof of sufficient funds to cover costs. These measures ensure students can sustain themselves during their stay.
What are the key criteria used to assess eligibility under the Tier 2 visa category?
Eligibility for the Tier 2 visa includes having a job offer from a licensed sponsor, meeting the skill level requirement, and achieving the necessary points through salary, job, and language criteria. Compliance with these ensures the applicant’s role is essential.
What documentation is needed to demonstrate compliance with current UK immigration regulations?
Applicants need to provide a valid passport, job offer letter, proof of English proficiency, academic qualifications, and confirmation of salary details. Documentation must be up-to-date and verified by relevant authorities to ensure validity and compliance.
Looking for expert immigration advisers? Buckingham Legal Associates specialises in immigration law and can help you with a variety of applications such as sponsor licences, partner visas and skilled migrant visas.