Buddy says: Yes that’s right, a new points based immigration system which replaces more then 80 existing routes into the UK, including the Work Permit Scheme, is set to be introduced during 2008. The changes do not affect nationals or member states of the European Union (EU) or European Economic Area (EEA) who do not require a work permit.

The new system requires a worker from overseas to submit an application form to the Home Office which will be scored. Only applications with a minimum number of points will be successful. A minimum number of points must be obtained according to the category under which entry is sought. The relevant categories are: 

• Tier 1: Highly skilled
• Tier 2: Skilled
• Tier 3: Low skilled
• Tier 4: Students
• Tier 5: Temporary workers (including holiday makers)

Employer information:  Points are awarded for attributes, including age and experience and control factors such as funds, previous compliance with immigration conditions and, for some categories, English language ability. Some attributes and factors will be mandatory and without them, entry refused. For those applications falling into Tiers 2-5, sponsorship is compulsory. However, sponsorship is not required for Tier 1 applicants, who can enter the UK under the Highly Skilled Migrant Programme, as long as they meet the eligibility criteria.

It is expected that the majority of workers will fall into Tier 2 and for whom employers will have to apply for a work permit. Applicants in this category must have a minimum standard of English and points will be awarded for qualifications, relevant work experience and according to their sponsorship for a job offer in an occupation where there is a skills shortage. The Government proposes that Tier 2 will cover secondments, also known as “Intra-Corporate Transfers”, for companies with overseas offices.

Employers will need to make an application to the Home Office who will carry out checks to ensure the employer is competent and acting in good faith. For Tier 2 applications, employers will have to verify that they have a trading presence in the UK and are registered with the appropriate authorities. If a migrant fails to take up employment, is absent for a prolonged period or has their employment terminated, sponsors are obliged to inform the Home Office of these facts. Similarly, if there is a change in the sponsor’s circumstances, such as a merger or takeover, they are also obliged to inform the Home Office.

If successful, the sponsor will be eligible to issue a Certificate of Sponsorship to migrants. The certificate will show, amongst other things, the job title and salary. The certificate will also act as assurance from the sponsor to the Home Office that the applicant has the ability to do a particular job and is expected to comply with any leave. Sponsors found to be failing in their responsibilities, or who are suspected of large scale non-compliance or indeed fraud, will be removed from the list of approved sponsors and could face prosecution.

The process is meant to be far simpler than the current requirements and applicants can take an online self assessment to determine if they have enough points to qualify.