Points Based System
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The Points Based System is a new strategy for immigration to the UK, introduced by the Secretary of State which became law in the UK from the UK Borders Act 2007.
The changes to the rules of immigration which came into force on 29th February 2008 set out the requirements. The new system is a tiered system covering the majority of work related visas. PBS replaces immigration rules that have outlived their usefulness and purpose and had become prone to abuse.
PBS not only affects those intending to enter the UK but those already here in their various capacities. Further, the onus of responsibility regarding the right to work in the UK has been handed down to employers along with substantial penalties for those employers who abuse the rules.
The PBS scheme relies largely on sponsorship from employers, or education establishments and therefore this is a major change in immigration rules. However on analysis these changes may provide for more secure borders and fewer breaches in border rules.
The PBS is arranged to provide 5 tiers of work related and education sponsored tiers and are defined as follows:
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Tier 1 (General) |
Highly Skilled Worker Post Study Work Entrepreneur Investor |
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Tier 2 |
Skilled Worker |
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Tier 3 |
Unskilled or semi skilled worker(The secretary of state has announced that this is not to be
promulgated for the foreseeable future)
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Tier 4 |
Students
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Tier 5 |
Youth Mobility Scheme
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Previously employers wishing to employ non-European workers relied on their candidates to either have a visa which permitted them to work or if they were professional executives they made an application for permission to employ a non-European person under the work permit scheme, a system which is now closed.
The introduction of the PBS now requires employers and education establishments to apply for a license to sponsor those who comply under Tier 2 Tier 4 and Tier 5 of the rules.