Point Based System

Tier 2

All companies will need to obtain a sponsor licence to be able to employ a migrant worker. A migrant worker is someone from a country outside the UK, the European Economic Area (some exceptions will apply to migrants from A8 & A2 countries) and Switzerland.

1. The criteria to be met before an individual will be granted immigration permission under Tier 2 will be very similar to the current UK work permit scheme.
2. Two new criteria have been introduced - English language ability and a maintenance test. If the sponsor organisation is awarded grade 'A', then a financial undertaking will suffice.

Once PBS is in force, the process will change in three significant ways:

1. Any UK employer wishing to sponsor a non-EEA (including migrants from EEA A8 and EEA A2 countries) national for employment must first be included on the UKBA's List of Register of Sponsors.
2. Once a company has obtained its Sponsorship Licence, it will be the company (with the support of its legal representative) that issues the work permit (to be called the 'Certificate of Sponsorship') rather than the UKBA. To ensure that Registered Sponsors are issuing its certificates responsibly and correctly, the UKBA will carry out periodic post-issue checks, can conduct an annual audit of employers and has introduced new penalties for non-compliance.
3. The current two-application process of work permit and visa/residence permit will become one visa/residence permit application process only. This has two impacts:
1. The visa/residence permit application will become fundamental as the only application to be made.
2. The vast majority of applications will be submitted to a British Diplomatic Post overseas and not to the Home Office in the UK. As such, more home country support may be required to ensure that the application is processed correctly and supported by the necessary original documentation.

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