Points Based System
Since its gradual introduction in 2008 and 2009 the United Kingdom Border Agency’s Points Based System has replaced the previous range of immigration routes for those seeking to enter the United Kingdom for employment, to invest in the UK, to set up in business or to study in the UK, although many of the criteria which used to be applicable to those routes continue to operate for qualification under the new system. With a few exceptions entry under the points based system leads to eligibility to apply for settlement and thereafter for UK nationality.
The points based system comprises five Tiers (although implementation of Tier 3 - for unskilled workers to fill temporary labour shortages - is suspended indefinitely).
Tier 1, enables high value individuals: entrepreneurs, investors and the exceptionally talented to enter or to stay in the UK to contribute to its economic wealth and productivity. Additionally from 6 April 2012 graduates from outside the European Area who have studied in UK educational institutions and who have been identified by their college as having ''world class innovative ideas'' are entitled to switch from Tier 4 into Tier 1.
Tier 2 is for skilled workers who have been offered employment in the UK. It has replaced the previous Work Permit scheme.
Tier 4 is for those wishing to study in the UK. It has comprehensively replaced the Immigration Rules relating to students.
Tier 5 is for youth mobility and temporary workers. Their reasons for coming to the UK are non-economic.
Eligibility for entry under the Points Based System is heralded as being genuinely objective. A key feature of this is the absence of any discretion exercisable by the UKBA's staff when considering applications for entry clearance and for leave to remain. To this end applicants must prove their entitlement to leave to enter or remain by the production of documents specified by the Secretary of State in guidance published on the UKBA's website. The Immigration Rules point out that if an application is not accompanied by these specified documents it will not meet the requirements of the Rules.
The requirements for eligibility under each Tier are frequently varied by the UKBA. Since eligibility depends not only upon the terms of the Immigration Rules - but also upon criteria contained in the applicable policy guidance, which is subject to frequent amendment – anyone making any application under the points based system is strongly advised to obtain professional legal advice.
