The UK transitioned to a points-based immigration system on January 1, 2021, following the end of free movement between the UK and EU countries after Brexit. This significant change aimed to create a more controlled and fair immigration process, treating EU and non-EU citizens equally when applying for visas to live and work in the UK.
Key Reasons for the Introduction of this System
The primary motivations for implementing the points-based system include:
- Reducing Reliance on EU Workers: The UK government sought to decrease its dependence on EU nationals for labor, encouraging a broader recruitment pool from around the world.
- Controlling Immigration: The new system aims to manage immigration flows more effectively, ensuring that only individuals who meet specific criteria can enter the country.
- Economic Alignment: By prioritizing skilled workers and those who can contribute positively to the economy, the system aligns immigration with the UK’s economic and societal needs.
In contrast to the previous system, which favored EU nationals through free movement, the points-based system establishes a more standardized approach that applies uniformly to all applicants.
How the UK’s Points-Based System Works
Explanation of the Points-Based System
The points-based system operates by assigning points based on various eligibility criteria. Applicants must accumulate a minimum number of points to qualify for a visa. Key factors include:
- Job Offer: Having a confirmed job offer from an approved sponsor.
- Salary Level: Meeting specific salary thresholds.
- English Proficiency: Demonstrating adequate English language skills.
Requirements for Eligibility
To be eligible under this system, applicants must meet several requirements:
- Skills: The job must meet a certain skill level (RQF Level 3 or above).
- Salary: Applicants must meet minimum salary requirements.
- English Language Proficiency: Applicants must prove their ability to communicate effectively in English.
How Points Are Accumulated
Points are awarded based on various criteria:
- Job Offer: Points for having an offer from a recognized sponsor.
- Salary Level: Additional points for higher salaries.
- Education Level: Points for educational qualifications (e.g., degrees).
- English Skills: Points for meeting English language requirements through tests or equivalent qualifications.
Key Criteria for the Points-Based System
Job Offer
Applicants must secure a job offer from an approved sponsor. This requirement ensures that candidates have employment lined up before entering the UK.
Salary Requirements
The system has established minimum salary thresholds:
- General salary levels typically start at £26,200, but there are exceptions based on occupation and sector.
- Certain roles may have lower thresholds, particularly in sectors experiencing labor shortages.
English Language Proficiency
Applicants must demonstrate proficiency in English. This can be proven through standardized tests or recognized qualifications.
Qualifications and Skill Level
Jobs must meet a minimum skill level (RQF Level 3 or above). Higher qualifications can also earn additional points in the application process.
Health and Care Workers
Special considerations apply to health and care professionals under the Health and Care Visa, which offers streamlined pathways for these critical roles.
Sponsorship by Approved Employers
Employers play a vital role in this system:
- They must hold a sponsorship license to hire skilled workers from outside the UK.
- Employers are responsible for ensuring that their job offers meet visa requirements.
Points Breakdown: How Applicants Earn Points
The system isn’t exactly like Australia’s or Canada’s, but it does use a similar points system. To get a visa, applicants need to earn at least 70 points based on various criteria. Below is a table showing how points are awarded:
| Criteria | Points |
| Job offer from a licensed sponsor | 20 |
| Job at the right skill level (RQF Level 3 or above) | 20 |
| English language proficiency | 10 |
| Salary (£20,480 to £23,039) | 0 |
| Salary (£23,040 to £25,599) | 10 |
| Salary of £25,600 or more | 20 |
| Job in a shortage occupation | 20 |
| PhD in relevant subject | 10 |
| PhD in a STEM subject | 20 |
To qualify for a visa, applicants must meet the requirements for a job offer, skill level, and English language proficiency. If the salary is lower than the threshold, applicants may still qualify by being in a shortage occupation or holding a relevant PhD.
Salary Thresholds and Exceptions
Overview of Salary Thresholds
Different skill levels have varying salary thresholds:
- Standard roles typically require salaries starting at £26,200 annually.
Special Rules
Certain exceptions apply:
- Lower salary thresholds may be available for the health and education sectors.
- Applicants under 26 or those with PhDs may qualify for reduced salary requirements.
The Role of Sponsorship in the Points-Based System
Sponsorship is essential within this framework:
- Employers must obtain a sponsorship license before hiring foreign workers.
- The application process for obtaining this license requires employers to demonstrate compliance with immigration laws.
Duties and Responsibilities of Sponsoring Employers
Employers are responsible for ensuring that their sponsored employees meet all visa requirements. They must also maintain records of their employee’s immigration status.
Shortage Occupation List and Its Impact
What is the Shortage Occupation List?
The Shortage Occupation List (SOL) is a key component of the UK’s points-based immigration system, identifying specific occupations where there is a documented shortage of skilled workers in the UK labor market. This list allows employers to hire foreign workers more easily for these roles, as it provides favorable conditions for visa applications.
Impact on the Points System
Occupations listed on the SOL have several advantages within the points-based system:
- Additional Points: Applicants with job offers in shortage occupations receive an additional 20 points toward their visa application, making it easier to meet the total points threshold required for a visa.
- Reduced Salary Requirements: The salary threshold for jobs on the SOL is lowered by 20%. For example, if the general salary threshold is £26,200, it would be reduced to £20,480 for roles on the SOL, making it more accessible for employers to sponsor workers.
Example of Shortage Occupations
Some examples of occupations currently listed as shortages include:
- Healthcare: Nurses, medical practitioners, and paramedics.
- Engineering: Civil engineers and mechanical engineers.
- Technology: IT business analysts, software developers, and cybersecurity specialists.
These roles are critical to various sectors and highlight areas where the UK seeks to fill gaps in its workforce.
Applying for Roles in Shortage Occupations
To apply for roles in shortage occupations:
- Job Search: Seek employment opportunities through job boards, company websites, or recruitment agencies that specialize in these sectors.
- Employer Sponsorship: Ensure that the employer holds a valid sponsorship license to hire foreign workers under the points-based system.
- Visa Application: Once a job offer is secured, applicants can proceed with their visa application, benefiting from reduced salary thresholds and additional points.
Temporary Workers vs. Skilled Workers
Difference Between Skilled Worker Visa and Temporary Worker Visas
The UK offers different visa categories under its points-based system:
- Skilled Worker Visa: Designed for individuals who have a job offer from an approved employer in a skilled occupation. This visa allows for long-term employment and pathways to permanent residency.
- Temporary Worker Visas (Tier 5): These visas are intended for short-term work assignments, including seasonal jobs or lower-skilled work. They are typically valid for up to two years and do not provide a direct route to permanent residency.
Temporary Workers Under the Points-Based System
Temporary workers can enter the UK for various purposes:
- Seasonal Work: Roles such as agricultural workers during peak seasons.
- Lower-Skilled Work: Positions that do not meet the skill level required for a Skilled Worker Visa but are still necessary for certain industries.
Eligibility for the Youth Mobility Scheme
The Youth Mobility Scheme allows young people (aged 18-30) from participating countries to live and work in the UK for up to two years. This scheme operates separately from the points-based system but provides opportunities for young individuals to gain work experience in the UK.
Visas Available Under the Points-Based System
Several visa categories fall under the points-based immigration system:
Skilled Worker Visa
- Key Features: Allows skilled workers to come to or stay in the UK to do an eligible job with an approved employer.
- Eligibility Requirements: Must have a job offer from a licensed sponsor, meet minimum salary requirements, and demonstrate English language proficiency.
Health and Care Worker Visa
- Special Provisions: This visa offers lower salary thresholds and expedited processing for healthcare professionals seeking to work in the UK’s National Health Service (NHS) or other eligible health organizations.
Global Talent Visa
- Aimed at highly skilled individuals in fields such as technology, science, and arts. This visa does not require a job offer but must be endorsed by an approved organization.
Graduate Visa
- Available to international students who have completed a degree at a UK institution. This visa allows graduates to stay in the UK for at least two years to work or look for work.
Intra-Company Transfer (ICT) Visa
- For employees of multinational companies being transferred to a UK branch. This visa requires sponsorship from an employer with a valid license.
Post-Study Work Visa
- Allows international students who have completed their studies in the UK to remain in the country for up to two years (three years for PhD graduates) to seek employment.
Application Process for the Skilled Worker Visa
Step-by-Step Guide
- Secure a Job Offer: Obtain an offer from an approved sponsor.
- Gather Required Documents:
- Proof of job offer (Certificate of Sponsorship).
- Evidence of meeting salary requirements.
- Proof of English language proficiency.
- Complete Online Application: Fill out the application form on the official UK government website.
- Pay Application Fees: Fees vary based on visa length and type.
- Submit Biometrics: Attend an appointment at a Visa Application Centre (VAC) to provide biometric information.
- Await Decision: Processing times typically range from 3 weeks.
What If Your Visa Is Refused?
If your visa application is refused:
- Review the refusal notice carefully to understand why it was denied.
- You may appeal or reapply after addressing any issues raised in your initial application.
Challenges and Opportunities in the Post-Brexit Immigration System
The new points-based immigration system presents both challenges and opportunities:
Impact on Businesses
- Many businesses, especially SMEs (Small and Medium Enterprises), face difficulties recruiting non-EU workers due to increased requirements and complexities involved in sponsorship.
Industry-Specific Effects
Certain sectors may struggle more than others:
- Healthcare: There remains significant demand for healthcare professionals; however, recruitment challenges persist due to stringent immigration rules.
- Agriculture: Seasonal labor shortages may impact food production if temporary worker visas are not adequately utilized.
Opportunities
The system opens doors for skilled workers globally:
- It provides avenues for qualified individuals from diverse backgrounds to fill critical gaps within industries experiencing labor shortages.
What Happens if You Don’t Meet the Points Threshold?
If applicants do not meet the required points threshold:
- Options Available: They may consider applying again after securing additional qualifications or job offers that enhance their eligibility.
- Reapplication: Applicants can reapply by addressing previous shortcomings or obtaining sponsorship from an employer that meets the requirements.
- Job Offer Importance: Securing a job offer from an approved sponsor that meets all criteria is crucial for successful applications.
Impact of the New System on EU Workers Post-Brexit
The end of free movement has significantly altered how EU nationals can work in the UK:
Changes in Access
EU nationals now face similar immigration requirements as non-EU nationals under the points-based system, including meeting specific criteria related to skills and salaries.
Similarities and Differences
Both EU and non-EU workers must navigate similar processes under this system:
- EU nationals may find it more challenging due to unfamiliarity with new regulations compared to their previous rights under free movement agreements.
Practical Tips
EU workers should:
- Familiarize themselves with all aspects of the points-based system.
- Seek advice if needed regarding documentation or application processes.
Visa Extensions and Switching to a Different Visa
Extending a Skilled Worker Visa
To extend this type of visa:
- Apply before your current visa expires.
- Ensure you still meet all eligibility criteria (job offer, salary).
Switching Between Visa Types
Switching from one type of visa (e.g., Tier 2) to another (e.g., Skilled Worker) is possible but requires meeting specific eligibility criteria under each category.
Transitioning from Temporary Work to Permanent Residency
Temporary workers may transition into permanent residency through various routes if they secure eligible employment that meets long-term residency requirements.
Permanent Residency and Indefinite Leave to Remain (ILR)
Pathways exist under this new system leading toward permanent residency:
- Applicants must typically reside in the UK under a qualifying visa for five years before applying for ILR.
- Specific points are required based on current immigration rules; maintaining employment with an approved sponsor plays a crucial role in this process.
The Future of the UK’s Points-Based System
Future reforms may adapt based on labor market needs:
- The government may adjust thresholds or criteria as economic conditions evolve or specific sectors experience labor shortages.
FAQs About the UK Points-Based Immigration System
- What is the difference between a Skilled Worker Visa and a Tier 2 visa?
- The Tier 2 visa has been replaced by the Skilled Worker Visa; both serve similar purposes but under updated regulations post-Brexit.
- Can I apply without meeting salary thresholds if my job is on the shortage occupation list?
- Yes, roles on this list may have reduced salary thresholds compared to standard requirements.
- How does the health and care worker visa differ from other skilled worker visas?
- It offers lower salary thresholds and expedited processing specifically designed for healthcare professionals.
- Can I switch employers on a Skilled Worker Visa?
- Yes, but you must secure a new Certificate of Sponsorship from your new employer before making changes.
- What happens if my employer loses its sponsorship license?
- You will need to find another employer with a valid sponsorship license or leave the UK if no alternative is available within your visa timeframe.
The UK’s points-based immigration system represents a significant shift in how migrants can enter and work within its borders. Understanding its intricacies—including roles on shortage occupation lists, different visa types available, application processes, challenges faced by businesses, and opportunities presented—will be crucial for skilled workers considering relocation. Staying informed about changes and ensuring compliance with all requirements will facilitate smoother transitions into working life within the UK.
For more guidance on applying for a Skilled Worker Visa, Law and Visas can help you navigate the process and ensure that your application meets all the requirements.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying under the UK Points-Based System or for an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
