Immigration
The United Kingdom Border Agency’s (UKBA) Points Based System has been gradually introduced since 2008. It now constitutes the UK’s immigration regime relating to initial admission into the UK and for permission to remain for all forms of business and employment related immigration, and for those who wish to study in the UK.
Gherson provides specialist advice and representation throughout the Points Based System both for applicants themselves and for the employers and education providers who sponsor them.
Gherson’s experienced caseworkers and lawyers can also assist in applications as diverse as visas to visit the UK, for applications for British citizenship and asylum applications.
The Points Based System
The Points Based System comprises five "Tiers” as follows:
Tier 1 is the only part of the regime which does not require applicants to be sponsored either by an employer or an education provider. It has five subcategories:
Exceptional Talent - for "exceptionally talented individuals in the fields of science, humanities, engineering and the arts”
General – for highly skilled workers (this subcategory is closed to those seeking entry to the UK)
Investor – for people of substantial financial means making an investment in the UK
Entrepreneur – for those wishing to establish a business in the UK or to take over an existing business. People can visit the UK as "prospective entrepreneurs” in order to secure agreements which may entitle them to remain as Tier 1 (Entrepreneur) Migrants
Post-study work – a route for graduates from UK educational institutions whereby they are enabled to work in the UK for a period of two years. This subcategory is to be deleted in April of 2012.
Tier 2 – for skilled workers sponsored by employers holding a Tier 2 Sponsor licence issued by the UKBA to come to the UK either in order to fill a job for which no suitable employee is available from the resident labour market (Tier 2 (General)), or for people already working for a company outside the European Economic Area who are required to join their employer’s UK office on a temporary basis (Tier 2 (Intra Company Transfer)). Additionally Tier 2 has separate subcategories for Ministers of Religion and for Sportspeople.
Tier 3 - this Tier, which was intended for unskilled workers, has never been operational since the implementation of the Points Based System and seems likely to remain closed.
Tier 4 - for those wishing to study in the UK. Tier 4 (General) and Tier 4 (Child) Students have to be sponsored by a college or a school (in the case of Tier 4 (Child) Students) which has been granted a Tier 4 Sponsor licence by the UKBA.
Tier 5 – which has two subcategories: Tier 5 (Youth Mobility), enabling young people from Australia, Canada, Japan, New Zealand, Monaco and Taiwan to live and work in the UK for a period of two years, and Tier 5 (Temporary Workers), for those sponsored by licensed UK employers to come to the UK on a temporary basis.
Visitors and family visas
There is an ever shortening list of countries from which people can come to visit the UK without having a visa. Even nationals of those countries which are currently not required by the UK to have a visa before they leave their own country are strongly advised to obtain a visa.
People wishing to visit the UK must apply in the category which applies to them individually. The Immigration Rules currently provide for the following twelve categories: general, child, business (which includes "academic visitors”), sports, entertainer, student, prospective entrepreneur, visitors in transit, visitors for private medical treatment, visitors for marriage or to enter a civil partnership, visitors as the parent of a child at school in the UK, and for nationals of the People’s Republic of China under the Approved Destination Status Agreement. Family visitors are included in the general category.
Family visas
The Immigration Rules additionally provide for applications for visas from spouses, civil, unmarried and same sex partners of British citizens or of people who have indefinite leave to remain who wish to join them in the UK. Similar provisions are made for children of parents and relatives who are British nationals or who have indefinite leave to remain.
European Economic Area (EEA) nationals and their family members
Nationals of the countries comprising the European Economic Area (citizens of the countries comprising the European Union as well as those of Switzerland, Iceland, Liechtenstein and Norway) and their family members (whether or not they are themselves EEA nationals) are not subject to the UK’s Immigration Rules. Instead their admission into and stay in the UK is subject to European Union law, implemented in the UK by the Immigration (European Economic Area) Regulations 2006.
Nationals of Bulgaria and Romania
A separate regime applies to nationals of these countries, which joined the European Union relatively recently. There are no restrictions to Bulgarian and Romanian nationals establishing themselves in business in the UK or if they are self employed, but those who are working for UK employers are subject to the Accession (Immigration and Worker Authorisation) Regulations 2006. These regulations were amended in December 2011, extending the employment restrictions until 31 December 2013.
