Points Based System (PBS)

The Points Based System (PBS) 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 and a change to a totally governmental system. 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:

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 to apply for a license to employ those who comply under Tier 2 and Tier 5.

The advantage this may have, above the inconvenience of having to license, is that the employee makes an on-line application for a certificate of sponsorship (work Permit). If approved and the criteria has been met the candidate may either switch their employment or in the case of Tier 5 candidates under the Youth Mobility rules, apply for Entry Clearance in their own country for ‘Leave to enter the UK’ for the job.

The new rules require the employer to license. This should not be lost sight of particularly if the employer has employees working under the old work permit scheme. The requirements of the license are that the employer is an established British registered company or partnership. Has a recruitment and personal management system which requires the production of passports and other documents at interview and may have conducted an internal audit to establish the right to work of all employers.

This data to have been collated to the personal file of each member of staff, procedurally to review on an annual basis the continuing viability of visa status.

Licensing requires that the employer has appointed an authorising officer, a contact user and depending on the size of the company, level one or two users. Each category of responsibility has a specific classification however they can be one and the same person.

Each tier is reviewed in more detail, therefore click through on the menu for more data.