Immigration Alerts & Events

UNITED KINGDOM MOVES TO POINTS-BASED SYSTEM FOR WORK PERMITS – Effective November 27, 2008

2008-11-03

As of November 27, 2008, the UK Border and Immigration Agency has launched its new points-based system for all work permit applications. From this date on, UK-based employers may no longer apply to bring in foreign workers under the previously-available work permit schemes (including au pairs, gap year workers, working holidaymakers, etc.), but must now first obtain a sponsor license and meet a points test to bring in or renew the immigration status of foreign workers.

The Points-Based System

The new points-based system includes five tiers, which allow non-EEA resident workers to obtain a work permit in the following categories:
- Tier 1: Highly skilled workers (i.e. scientists and entrepreneurs)
- Tier 2: Skilled workers with a job offer (i.e. intra-company transfers, teachers, nurses, etc.)
- Tier 3: Low-skilled workers (n.b. This Tier is currently suspended indefinitely)
- Tier 4: Students (n.b. This Tier is expected to open in late 2009)
- Tier 5: Youth Mobility and Temporary Workers (i.e. entertainers, international agreement workers)
While some organizations may continue to bring in workers under the Tier 1 category (highly skilled workers), most employers will be required to first obtain a sponsor license. Employees will also be subject to a points test, which will assess their qualifications; prospective earnings; sponsorship by a UK employer; English language skills; maintenance funds; and resident labour market test.

Transitional Rules

The UK Border and Immigration Agency has provided some transitional guidelines for workers currently in the UK and employers wishing to extend their work permit status. Foreign workers already in the UK (or who have applied for a work permit prior to November 27, 2008) may remain and work in the UK until the end of their current work permit. When applying to renew a full work permit on or after November 27, 2008, employees will need to qualify under the new points system. However, they have been granted some leeway for Tier 2 eligibility in that they will not be required to score points for their qualifications, prospective earnings, resident labour market test, language skills, or maintenance requirements. Work permit holders applying to change jobs on or after November 27, 2008, will still need to meet the full Tier 2 criteria.

This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.
For further information regarding this update or any other global immigration matter, please contact the Bomza Law Group at 416-598-8849 or e-mail one of the following professionals:

Janet L. Bomza: jbomza@bomzalawgroup.com

Melodie J. Hughes: mhughes@bomzalawgroup.com