Montague Solicitors

Immigration, Asylum & Criminal Defence Solicitors

 

Points Based System

The Points Based System constitutes the UK’s immigration system for those wishing to gain initial admission into the UK and permission to remain for all forms of business- and employment-related immigration, and those who wish to study in the UK.

The Points Based System is designed by UKBA to be a rigid form of application.

The Immigration Rules point out that if an application is not accompanied by these specified documents it will not meet the requirements of the Rules. It is therefore vitally important to note that there is no discretion to these applications. The applications must fulfill the rules and if they fail to do so be the application may be refused. A subsequent appeal may be also be dismissed by an immigration court if it fails to apply discretion. As your lawyer we can deal with this by using the ECHR if it applies and argue that discretion should be applied and argue that a decision is disproportionate and thus unreasonable and possibly illegal. This makes these kinds of applications complex and subsequent appeals subject to forensic investigation.

The Points-Based System

The Points-Based System has replaced the previous range of immigration routes for those seeking to enter the United Kingdom for employment, to invest in the UK, to set up in business or to study in the UK. The Points Based System in many cases will lead to eligibility to apply for settlement and thereafter for UK nationality.

Tier 1 is the only part of the regime which does not require applicants to be sponsored either by an employer or an education provider. It has six subcategories: Investor, Entrepreneur, Graduate Entrepreneur, Exceptional Talent, General (closed to new applicants) and Post-Study Work (also closed to new applicants).

Tier 2 - for skilled workers sponsored by employers holding a Tier 2 Sponsor licence issued by the UKBA to come to the UK either in order to fill a job for which no suitable employee is available from the resident labour market (Tier 2 (General)), or for people already working for a company outside the European Economic Area who are required to join their employer’s UK office on a temporary basis (Tier 2 (Intra Company Transfer)). Additionally Tier 2 has separate subcategories for Ministers of Religion and for Sportspeople.

Tier 4 - for those wishing to study in the UK. Tier 4 (General) and Tier 4 (Child) Students have to be sponsored by a college or a school (in the case of Tier 4 (Child) Students) which has been granted a Tier 4 Sponsor licence by the UKBA.

Tier 5 - which has two subcategories: Tier 5 (Youth Mobility), enabling young people from Australia, Canada, Japan, New Zealand, Monaco and Taiwan to live and work in the UK for a period of two years, and Tier 5 (Temporary Workers), for those sponsored by licensed UK employers to come to the UK on a temporary basis.

These are the categories which explain whether you can use our points-based calculator to calculate your possible points score, if you want to work, study or settle in the UK under the points-based system.

  • Tier 1 (General)
  • Tier 1 (Entrepreneur)
  • Tier 1 (Investor)
  • Tier 1 (Post-study work)
  • Tier 1 (Exceptional talent)
  • Tier 2 (General)
  • Tier 2 (Intra company transfer)
  • Tier 2 (Sportsperson)
  • Tier 2 (Minister of religion)
  • Tier 4 (General)
  • Tier 4 (Child)
  • Tier 5 (Temporary worker - Creative and sporting)
  • Tier 5 (Temporary worker - Religious worker)
  • Tier 5 (Temporary worker - Charity worker)
  • Tier 5 (Temporary worker - International agreement)
  • Tier 5 (Temporary worker - Government authorised exchange)
  • Tier 5 (Youth mobility scheme)
 
blocks Areas of practice - Asylum Areas of practice - Immigration Areas of practice - Appeals Areas of practice - Private Work Areas of practice - Managed Migration Areas of practice - Judicial Review Areas of practice - European Applications Areas of practice - Points Based System Areas of practice - Crime