Points-based system (PBS)
New Tier System
The new system is based on 5 tiers, depending on the skill level of the applicant:
Tier 1: Highly Skilled Individuals - will replace the current Highly Skilled Migrant Programme;
Tier 2: Skilled workers with a job offer - this will replace the current work permit scheme;
Tier 3: Temporary low skilled workers - previously Sector Based Scheme or Seasonal Agricultural Workers Scheme;
Tier 4: Students;
Tier 5: Youth mobility schemes and other temporary workers.
In all categories applicants will be given points against their qualifications, experience, earnings and - in Tiers 2-5 - whether thay have sponsorship from within the UK.
Sponsorship
Most migrants coming to the UK to work will enter under Tier 2. The main provisions of the old work permit scheme will still apply in that the job will need to meet NVQ level 3 and, where appropriate, that the job vacancy has been advertised. However, the new system will place the responsibility for ensuring compliance on the employer, rather than the Home Office.
This means that once the Home Office has accepted an employer as an approved sponsor, they will accept an employer's undertaking that a job has been advertised and/or that the skills criteria has been met. Significantly, the Government's proposals do indicate that there may be some discretion with the application of the resident labour test, although this is yet to be confirmed. The proposals also indicate that there will no longer be a 6 months experience requirement for "Intra Company Transfer" type applications.
These proposals should be good news for multi-nationals who regularly move staff into the UK from overseas. Once they have been given approval by the Home Office, the visa process should be quicker, simpler and, quite possibly, cheaper. It is not clear, though, how the proposals will effect smaller UK companies - particularly those who do not regularly apply for work permits - who need to fill a vacancy with someone from overseas. It is quite possible that they will need to go through much the same procedures as before.