Contents:
Introduction to the Points-Based Immigration System (PBS)
Aiming for Clarity and Certainty: The Core Objectives of the PBS
How the Points-Based Immigration System Works
Understanding Points-Based Evaluation in the PBS
Minimum Points Thresholds for Visa Eligibility
Key Visa Categories Under the Points-Based System (PBS)
Tier 1 Visas (High Skilled/Value Migrants)
Relevance to Employers: Hiring Tier 1 Visa Holders
Tier 2 Visas (Skilled Workers)
Tier 4 Visas (Students)
Tier 5 Visas (Youth Mobility and Temporary Workers)
Closed Categories: Understanding Tier 3
Special Provisions and Exceptions
Application Process Overview for PBS Visas
Tips and Advice for a Successful Sponsor Licence Application
Tips and Advice on Improving the Likelihood of a Successful Visa Application
Frequently Asked Questions (FAQ) about the Points-Based System (PBS)
What is the Points-Based Immigration System (PBS)
The Points-Based System (PBS) is one of the cornerstones of UK immigration. It plays a crucial role in managing how you can hire staff from outside the European Economic Area (EEA) to work, study, and live in the UK.
It was introduced between 2008 and 2010, by the then-Labour Government led by Gordon Brown. The PBS replaced an array of older immigration laws and procedures with a single, streamlined framework designed to make the immigration process more transparent and objective. The idea was “borrowed” from countries like Australia & Canada.
Historical Context of the Points-Based System: Before the implementation of the PBS, UK immigration was governed by a complex mix of over 80 different routes into the country, including various work permits and entry schemes. This older system often lacked the clarity and predictability your organisation, potential employee (the Applicant) and the UK authorities desired. As the global landscape changed and the demand for a systematic immigration approach increased, the UK government sought a solution that could efficiently manage immigration in a rapidly globalised world.
Implementation and Evolution: The PBS was phased in to simplify these routes into just five tiers, each tailored to specific types of immigrants, from highly skilled workers and students to temporary workers and youth mobility. The system awards points for clearly defined criteria such as qualifications, salary, and sponsorship, ensuring that each Applicant is assessed against consistent standards.
Recent Changes and Adjustments: Over the years, the PBS has seen various reforms to adapt to the changing needs of the UK’s economy and labour market. After Brexit, the system has been further revised to accommodate the end of free movement between the UK and the EEA, expanding its scope to include EU nationals under the same rules as other international applicants. Now, except for Irish citizens, anyone coming to the UK for work must meet requirements for which they will score points. Visas are then awarded to those who gain enough points.
Although the Points Based Immigration System supports clearer immigration rules and processes, it is sometimes hard to understand or have clear answers. The system is supposed to help companies like yours and your staff to understand your eligibility and prospects. Ultimately this helps you further your business interests in securing the best talent for your roles in an increasingly globalised world.
Aiming for Clarity and Certainty: The Core Objectives of the PBS
The Points-Based System was designed with a clear mission: to demystify the immigration process by providing a transparent and predictable pathway for those wishing to work, study, or live in the UK. This system offers clarity and certainty in several key ways:
Transparent Criteria: Unlike the previous visa routes, the PBS assigns points for quantifiable factors such as educational qualifications, professional skills, prospective earnings, and sponsorship. This points-based evaluation allows you to assess a potential new hire’s chances of success before they apply.
Although the Points-Based System is less ambiguous and slightly more predictable, parts of it are still hard to decipher with its conflicting documentation that needs to be read together.
Structured Pathways: The PBS categories were designed to cater to specific groups, such as skilled workers, students, and temporary workers
Continuous Updates and Guidance: The government frequently updates the PBS guidelines to reflect economic needs and global trends, therefore making it easier to restrict migration from various parts of the world. At the beginning of 2024, there have already been over five major changes to the PBS.
With the flexibility of the PBS changes can be made efficiently and support your company’s goal of attracting and retaining global talent.
How the Points-Based Immigration System Works
The Points-Based System (PBS) stands at the core of the UK government's approach to immigration, designed to streamline the process for those wishing to work or study in the UK. It assigns a numerical value to various qualifications and criteria.
Points Allocation: Points are allocated based on critical factors such as:
- Skills: The specific skills and expertise that applicants bring, which align to the needs of the UK job market.
- Qualifications: Academic and professional qualifications that are recognised and valued in the UK.
- Salary Levels: The salary thresholds associated with offered positions, ensuring that these meet or exceed minimum requirements set by the government.
Qualifying for a Visa: To successfully apply for a visa under the PBS, your potential staff member must meet or exceed a minimum point threshold. This threshold varies depending on the visa category and the specific requirements of each. Here’s how it works:
- Applicants submit their credentials as part of the visa application.
- Each credential is evaluated and assigned points.
- If the total points reach the necessary threshold, the applicant is considered eligible for the visa.
This approach tries to provide transparency and allows you to source the best staff members globally to work in the UK. By understanding how points are awarded, you can prepare your applications to meet the necessary criteria, thus improving your chances of success.
Understanding Points-Based Evaluation in the PBS
The Points-Based System uses a rule-based scoring process to determine eligibility for various visa categories. This scoring system focuses on the key factors that add up to the points tally your potential employee can get. Depending on the visa route the Applicant is pursuing, the points required are different. Here’s a breakdown of the primary factors considered in the points-based evaluation:
1. Skills: The level of skills your potential employee(s) possess is dependent on the jobs you offer them. The government have determined that different jobs are categorised at various skill levels. Points are awarded based on the skill level of the job. Higher-skilled positions are determined to require more specialised knowledge or professional experience and therefore get more points.
2. Qualifications: Educational achievements also feature in the points calculation. Degrees, diplomas, and professional certifications from recognised institutions boost an applicant’s points. More points are awarded for higher-level education or specialised training. This is part of the calculation because it is supposed to reflect the applicant's potential contribution to the UK’s economy and society.
3. Salary: The proposed salary of the job offer in the UK is a critical determinant in the points awarded. A higher salary offer indicates the value and demand for the applicant's skills in the UK labour market, thereby attracting more points. The salary thresholds are set to ensure that immigrants are compensated fairly and can sustain a suitable standard of living in the UK.
It is also set to try and prevent employers from undercutting the local labour market by importing talent from abroad. But time and time again, the benefits to employers mostly outweigh the hiring from the local market.
4. Sponsorship: Having a job offer from a licensed sponsor in the UK is often a prerequisite for many work visa categories under the PBS. The sponsorship confirms that you, as the UK employer, have validated your potential employee's qualifications and role suitability, which is a mandatory step for earning points.
5. English Language Proficiency: This element goes without saying. Your new staff member will need to show they can speak English to the required level. Points are awarded for meeting specified English language requirements, which involve passing an approved English language test at a certain level.
6. Available Funds: Applicants should show they have enough money to support themselves before they arrive in the UK. Points are awarded based on the ability to meet this financial requirement without recourse to public funds. In most cases, you can help the applicant by confirming that you will be responsible for ensuring they meet this financial requirement. This is called certifying maintenance.
Minimum Points Thresholds for Visa Eligibility
Navigating the Points-Based System (PBS) efficiently requires understanding the specific points thresholds set for each visa category. These thresholds are designed to ensure that only applicants who meet the UK's criteria for skills, qualifications, and other factors are eligible to apply. Below is an overview of the minimum points needed for eligibility across various visa categories:
1. High Skilled/Value Migrants (previously termed Tier 1 Visas):
- Exceptional Talent/Global Talent Visa/High Potential Individual: Applicants must score a minimum of 70 points, which are awarded based on their endorsement by a recognised UK body, proving exceptional talent or promise in specific sectors like science, humanities, engineering, the arts, and technology.
- Investor Visa: This category does not have a traditional points threshold but requires a substantial financial investment in the UK, typically starting from £2 million.
2. Tier 2 Visas (Skilled Workers):
- General Skilled Worker Visa: Applicants need at least 70 points. Points are allocated for having a valid job offer from a licensed sponsor (20 points), meeting the English language requirement (10 points), and earning an appropriate salary (20 points). Additional points can be accrued for shortage occupations and higher educational qualifications.
- Intra-Company Transfer Visa: Similarly, applicants must accumulate a minimum of 70 points, primarily based on internal company endorsements, the role's skill level, and the salary offered in the UK.
- Students must score 40 points to be eligible, with 30 points for holding a valid Confirmation of Acceptance for Studies (CAS) from a licensed Tier 4 Sponsor and 10 points for proving they have sufficient funds to cover their course fees and monthly living costs.
4. Tier 5 Visas (Youth Mobility and Temporary Workers):
- Applicants generally need 50 points, with points awarded for nationality (being from a country that participates in the scheme), age (being between 18 and 30 years old), and having sufficient maintenance funds available.
Meeting the Threshold:
To successfully apply for a visa under the PBS, you must carefully evaluate how each factor such as job offer details, salary, sponsorship, and personal circumstances contribute to meeting these minimum point requirements. Understanding these thresholds is crucial in assessing your company and your employee’s eligibility and being successful in an application. It also reflects badly on your organisation if your potential new hire gets refused a visa.
Other visa and citizenship routes fall outside the scope of the Points Based System. If you have a potential Applicant who falls outside the PBS, you should check and verify their status. If their visa status is under the PBS, either you will be sponsoring them or another government-approved agency, or party, will be sponsoring them for you to employ them.
Key Visa Categories Under the Points-Based System (PBS)
The PBS encompasses several visa categories, each tailored to specific groups of applicants based on their skills, objectives, and circumstances. Here’s an overview of the primary visa categories:
1. Tier 1 Visas (High Skilled/Value Migrants):
- Purpose: Designed for high-value individuals who can contribute to the UK through exceptional talent or significant financial investment.
- Categories: Includes Exceptional Talent, Entrepreneur, Investor, and Graduate Entrepreneur.
- Requirements: Vary by sub-category but generally include proof of exceptional talent (endorsed by a recognised body), a substantial investment sum, or a viable business plan.
- Process: Typically involves endorsement or an invitation to apply, followed by a detailed application submission demonstrating compliance with the specific criteria.
2. Tier 2 Visas (Skilled Workers):
- Purpose: For individuals who have a job offer in the UK and the sponsorship of an employer to fill a gap in the workforce that cannot be filled by a settled worker.
- Categories: General, Intra-Company Transfer, Minister of Religion, and Sportsperson.
- Requirements: A valid job offer, a Certificate of Sponsorship from a licensed sponsor, appropriate salary, and meeting the English language requirement.
- Process: Application must be supported by a Certificate of Sponsorship, and applicants must prove they meet the salary and language criteria.
3. Tier 4 Visas (Students):
- Purpose: Allows international students to enter the UK for higher education.
- Requirements: Must have an offer from an educational institution and prove they can support themselves financially during their studies.
- Process: Students must obtain a Confirmation of Acceptance for Studies (CAS) from a licensed institution, which they then use to apply for the visa.
4. Tier 5 Visas (Youth Mobility and Temporary Workers):
- Purpose: Caters to young people seeking short-term employment opportunities and cultural exchange.
- Categories: Youth Mobility Scheme and various temporary worker categories including Creative and Sporting, Charity Worker, Religious Worker, Government Authorised Exchange, and International Agreement.
- Requirements: Points are awarded for age, nationality (countries participating in the scheme), and available maintenance funds.
- Process: Applicants apply directly if they meet the eligibility criteria, providing evidence of their nationality, age, and financial means.
Tier 1 Visas (High Skilled/Value Migrants)
Tier 1 Visas are designed to attract and retain individuals who are recognised as leaders or emerging leaders in their respective fields, including science, humanities, engineering, the arts, technology, and business. Here’s a closer look at the sub-categories available for high-skilled or high-value migrants:
1. Exceptional Talent / Global Talent Visa:
- Who Qualifies: This visa is for those recognised as leading talent or potential leading talent in the fields of science, medicine, humanities, engineering, digital technology, and the arts.
- Requirements: Applicants must be endorsed by a recognised UK body, such as The Royal Society or Arts Council England, as leaders (exceptional talent) or potential leaders (exceptional promise).
- Process: The application involves two stages: endorsement by a relevant body and then the visa application to the Home Office.
2. Innovator Visa:
- Who Qualifies: Targeted at experienced businesspeople seeking to establish a business in the UK based on an innovative, viable, and scalable business idea they have developed.
- Requirements: Must be endorsed by an authorised body that has confirmed their business idea as innovative, viable, and scalable. They also need to have at least £50,000 in investment funds.
- Process: Applicants must first secure endorsement from a trusted body, then apply for the visa, demonstrating their business plan and investment capacity.
3. Investor Visa:
- Who Qualifies: Individuals who want to make a substantial financial investment in the UK.
- Requirements: Applicants must have at least £2,000,000 available to invest in active and trading UK registered companies.
- Process: Requires evidence of the investment funds and where they will be invested. No endorsement is needed, but applicants must prove that the money is under their control and is disposable in the UK.
4. High Potential Individual (HPI) Visa:
- Who Qualifies: Recent graduates from top global universities looking to work in the UK.
- Requirements: Must have graduated from an institution on a list of eligible universities published by the UK government and demonstrate the high potential from their qualifications.
- Process: Applicants apply with proof of their qualification and must meet the English language and financial requirements.
5. Scale-up Worker Visa:
- Who Qualifies: Individuals employed by a UK scale-up with a job offer that meets the skill and salary requirements.
- Requirements: Must have a high-skilled job offer from a qualifying scale-up at the required salary level, and the employer must be willing to sponsor the visa.
- Process: Requires a Certificate of Sponsorship from the employer, meeting the skill and salary criteria.
Each of these visa categories under the Tier 1 bracket caters to distinct types of high-value migrants, offering them pathways to contribute significantly to the UK’s economy and cultural fabric. Understanding the specific requirements and processes for each category can significantly enhance your application’s success.
Relevance to Employers: Hiring Tier 1 Visa Holders
For employers like you looking to enhance your team with top-tier talent, understanding the Tier 1 visa categories can provide significant advantages:
Highly Skilled and Flexible Workforce:
- Global Talent and Exceptional Talent Visa Holders: These individuals are recognised leaders in their fields. Hiring such talent can bring unique skills and perspectives to your business, potentially driving innovation and enhancing your company's competitive edge.
- Innovators and Entrepreneurs: Employing individuals on Innovator visas can be particularly beneficial if your business is oriented towards growth, innovation, or entering new markets. These visa holders are not only highly skilled but also come with new business ideas and the potential to establish new company operations or partnerships.
Strategic Business Growth:
- Investors: While typically not seeking employment, individuals on Investor visas may be interested in strategic business relationships that can provide mutual growth opportunities. Understanding their goals and offering potential collaborations can be beneficial.
Potential Long-Term Contributions:
- High Potential Individual (HPI) Visa Holders: These recent graduates from top global universities often bring fresh knowledge and are eager to apply cutting-edge techniques and theories in practical settings. They can be a great asset to teams that thrive on new ideas and innovation.
Employment Compliance and Considerations:
- It is crucial to understand that while Tier 1 visa holders generally have the freedom to work and change employers, certain sub-categories may have specific restrictions or requirements that need to be considered.
- Employers should ensure they are familiar with the terms of each visa category to manage compliance effectively and harness the full potential of these high-value migrants.
Tier 2 Visas (Skilled Workers)
Tier 2 Visas are designed for skilled workers who have a job offer in the UK from a licensed sponsor. These visas cater to individuals who fill a gap in the UK workforce that cannot be filled by a settled worker. Understanding the nuances of the different streams within this category, as well as the Certificate of Sponsorship requirement, is crucial.
Certificate of Sponsorship (CoS) Requirement:
- A Certificate of Sponsorship (CoS) is a mandatory document that all applicants under the Tier 2 category must have. It is not an actual certificate but a unique reference number that holds information about the job and your personal details.
- The CoS must be issued by a UK employer who holds a valid Sponsor Licence. This employer is known as your sponsor.
- The CoS confirms that the applicant has been offered a genuine job that meets the skill and salary requirements for the visa category.
Different Streams within Tier 2:
- General (Skilled Worker Visa):
- Description: This is for individuals who have a job offer in a skilled occupation in the UK. The job must pay an appropriate salary and usually requires at least RQF Level 6 qualifications.
- Process: The applicant must receive a CoS from their prospective employer, who must also prove that no suitable settled worker is available to fill the position (subject to the Resident Labour Market Test, if applicable).
- Intra-Company Transfer (Now part of Global Business Mobility):
- Description: This stream is for multinational companies needing to transfer established employees or graduate trainees to their UK branches.
- Categories:
- Senior or Specialist Workers: For long-term assignments of skilled employees who have worked for the company overseas for at least 12 months.
- Graduate Trainees: For transfers into structured graduate training programs for managerial or specialist roles.
- Process: Applicants need a CoS and must demonstrate they meet the specific salary and employment history requirements for their category.
- Minister of Religion (T2 Minister of Religion):
- Description: For those coming to the UK to take up a position within a faith community, such as a minister, priest, or missionary.
- Process: The CoS is necessary, and the applicant must prove their qualifications for the role within their religious community.
- Sportsperson (T2 Sportsperson):
- Description: For elite sportspeople and coaches who are internationally established at the highest level.
- Process: Requires endorsement from the governing sports body confirming the individual’s contribution to the sport at a high level.
Application Essentials:
For all these categories, besides having a valid CoS, applicants must satisfy English language requirements and prove that they can support themselves (and their dependents) financially while in the UK.
Tier 4 Visas (Students)
Tier 4 Visas are specifically designed for international students who wish to study in the UK. Understanding the Tier 4 visa is crucial for employers who are considering hiring international students either during their study or shortly after their graduation.
Confirmation of Acceptance for Studies (CAS):
- A CAS is a mandatory document issued by an accredited UK educational institution. It serves as proof that the student has been accepted to a course of study.
- Employers should ensure that any potential hire who is still a student holds a valid CAS and that their study visa is in order.
Eligibility Criteria and Conditions:
- Eligibility: To qualify for a Tier 4 visa, students must have been offered a place on a course at a UK institution with a valid Tier 4 sponsor licence. They must also prove that they have sufficient funds to support themselves during their studies and pay for the course.
- Conditions: While on a Tier 4 visa, students can work up to 20 hours per week during term time and full-time during vacations. They can also do a work placement as part of their course, which could be beneficial for employers looking to integrate practical experience into the academic curriculum.
Relevance to Employers:
- Employers like you can benefit from understanding these conditions, particularly if you are looking to offer internships, part-time roles, or graduate positions that align with the students' academic schedules. Compliance with visa regulations ensures legal employment practices and can aid in planning workforce requirements more effectively.
Tier 5 Visas (Youth Mobility and Temporary Workers)
Tier 5 Visas cater to individuals looking to live and work in the UK on a temporary basis. Understanding the purpose and eligibility of these visas can help employers like you strategically plan short-term employment or project-based roles.
Visa’s Purpose:
- Youth Mobility Scheme: This visa is designed for young people aged 18-30 from participating countries who want to experience life in the UK for up to two years. It allows them to work in most jobs, providing flexibility and the opportunity to gain international work experience.
- Temporary Workers: This category is for individuals who wish to come to the UK for short-term employment in specific sectors. This can include work experience, training, research, or a fellowship through an approved government-authorised exchange scheme.
Who Can Apply:
- Youth Mobility: Currently, this scheme is available to nationals from designated countries that have reciprocal arrangements with the UK, including Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, the Republic of Korea, and Taiwan. A new route was also opened for nationals of India (under the India Young Professionals Scheme) Applicants must also have a certain amount of savings to support themselves during their stay.
- Temporary Workers: Applicants must have a job offer from a licensed sponsor in the UK, a certificate of sponsorship, and meet other category-specific criteria. This visa covers creative and sporting roles, charity workers, religious workers, and participants in government-authorised exchange programs.
Roles and Industries Covered:
- Creative and Sporting: For individuals coming to work or perform in the UK as artists, entertainers, or sportspeople. Employers must prove that the work cannot be filled by a settled worker.
- Charity Workers: For unpaid voluntary work. Participants must not be filling a role that would otherwise be a paid position.
- Religious Workers: For those coming to do preaching, pastoral and non-pastoral work, or work in a religious order.
- Government Authorised Exchange: This covers a wide range of purposes including internships, research projects, training, and overseas government language programs.
Relevance to Employers:
Employing individuals under Tier 5 visas can be advantageous for filling temporary roles, accessing international talent, and bringing fresh perspectives into the workplace. You need to understand:
- Compliance: Ensure that the employment complies with the visa conditions, such as not turning voluntary roles into paid positions.
- Duration of Employment: Recognise that employment under these visas is inherently temporary, so roles should be planned accordingly.
- Cultural Exchange: Leveraging these visas can help promote cultural exchange and bring diverse experiences to his business, enriching the work environment.
Closed Categories: Understanding Tier 3
As you navigate the Points-Based System (PBS) for potential employment strategies, it’s important to be aware of visa categories like Tier 3, which was never implemented.
Intended Purpose:
- Tier 3 Visas were originally designed to allow low-skilled workers to enter the UK temporarily to fill specific labour shortages. This category was intended to be part of the broader PBS, complementing the other tiers which cater to highly skilled, skilled, students, and temporary workers.
Reason for Non-Implementation:
- Economic and Policy Shifts: The Tier 3 category was never activated due to changes in the UK labour market and economic priorities. The government decided that low-skilled labour needs could be met by workers from the European Union, which at that time allowed for the free movement of EU nationals into the UK.
- Policy Focus: Over time, the UK's immigration policy has increasingly focused on attracting high-skilled workers to support the economy's sectors that are seen as high-value. This shift reflected broader economic strategies to enhance productivity and innovation within the UK workforce.
Relevance to Employers:
- Understanding the closure of Tier 3 is significant as it emphasises the UK government’s focus on skilled and high-value sectors. This knowledge helps in aligning recruitment strategies with the available legal frameworks and anticipating future trends in immigration policy, which may influence how he plans his workforce requirements.
Special Provisions and Exceptions
Understanding the nuances of special visa provisions and exceptions is important for employers like you, as it helps to effectively plan recruitment strategies and ensure compliance with UK immigration laws.
Health and Care Visa:
- Purpose: This visa is part of the Tier 2 (General) category and is designed to make it easier and quicker for healthcare professionals to come to the UK.
- Who Qualifies: It is available to qualified doctors, nurses, and allied health professionals who have been trained to a recognised standard and who will be working in eligible health professions.
- Benefits: Applicants can expect reduced visa application fees, exemption from the Immigration Health Surcharge, and faster processing times. Family members are also eligible to apply, and the visa offers a pathway to settlement.
Exceptions for EEA Nationals Post-Brexit:
- Background: Before Brexit, EEA nationals enjoyed freedom of movement to live and work in the UK without needing a visa.
- Current Status: Since Brexit, EEA nationals are subject to the same immigration controls as other non-UK residents. This means that if you are considering hiring from the EEA, potential employees must now meet specific visa requirements under the PBS.
- Skilled Worker Route: EEA nationals who wish to work in the UK may apply for visas under categories like the Skilled Worker visa if you give them a job offer and are a licensed sponsor.
Relevance to Employers:
- Strategic Planning: You should consider the Health and Care Visa for recruiting international talent in the healthcare sector, leveraging the expedited process and cost savings.
- EEA Nationals: Understanding the new requirements for EEA nationals allows you to adjust his hiring practices accordingly. It's essential to be aware that these candidates now require sponsorship and appropriate visas, similar to other international applicants.
- Compliance: Ensuring adherence to these provisions and understanding the exceptions will help you maintain legal compliance and avoid potential legal pitfalls associated with immigration non-compliance.
Application Process Overview for PBS Visas
Navigating the application process for visas under the Points-Based System (PBS) is a crucial step for potential employees looking to work in the UK. Here’s a detailed guide on how the process typically unfolds:
Step 1: Determine the Appropriate Visa Category
- Identify which visa category under the PBS fits the applicant's qualifications and job offer. This could be one of the Tier 1, Tier 2, Tier 4, or Tier 5 visa categories.
Step 2: Check Eligibility Requirements
- Review the specific eligibility requirements for the chosen visa category, including points needed, qualifications, sponsorship, and financial requirements.
Step 3: Obtain Sponsorship if Necessary
- For visa categories that require sponsorship (such as most Tier 2 visas), the applicant must have a job offer from a UK employer who is licensed to sponsor migrants. The employer will need to provide a Certificate of Sponsorship (CoS).
Step 4: Gather Necessary Documents
- Prepare all required documentation, including passport, proof of financial means, proof of meeting the English language requirement, and any additional documents specific to the visa category, such as qualifications or endorsements.
Step 5: Complete the Online Application Form
- Fill out the appropriate online application form. Each visa category has a specific form available on the UK Government’s official visa and immigration website.
Step 6: Pay the Visa Fee and Healthcare Surcharge
- Pay the required visa application fee and the healthcare surcharge, if applicable. This surcharge allows the visa holder access to the UK's National Health Service.
Step 7: Submit Biometrics
- Depending on the applicant's location, they will likely need to visit a visa application centre to provide biometric information (fingerprints and a photograph).
Step 8: Attend an Interview if Required
- Some applicants may be required to attend an interview where they will answer questions about their application and intentions in the UK.
Step 9: Wait for a Decision
- The processing time can vary depending on the visa category and the applicant's circumstances. The UK Visas and Immigration website provides typical processing times.
Step 10: Receive Visa and Plan the Move
- Once the visa is granted, the applicant can make arrangements for their move to the UK.
For Employers:
- You should ensure that your HR team or the personnel responsible for recruitment are familiar with these steps, especially if your business is sponsoring the visa. It’s important to provide support throughout the application process to facilitate a smooth transition for the employee.
Tips and Advice for a Successful Sponsor Licence Application
1. Understand the Responsibilities:
Before applying, it's crucial to fully understand the responsibilities and obligations associated with being a licensed sponsor. This includes compliance with the UK Visas and Immigration (UKVI) rules and procedures, such as reporting duties, tracking and recording employee activities, and adhering to compliance checks.
2. Prepare Your Business:
Ensure that your business is eligible to become a sponsor. This includes proving that your company is a genuine organisation operating lawfully in the UK. Prepare documents that demonstrate your business's legitimacy, such as financial statements, proof of business premises, and evidence of registration with the necessary regulatory bodies.
3. Human Resources Compliance:
Your HR systems must be robust enough to meet the sponsorship management duties. This includes demonstrating that you have effective systems in place to monitor sponsored employees. You may need to show that you have HR personnel trained to handle these responsibilities.
4. Compile the Necessary Documentation:
Gather all required documentation before starting your application. This includes company registration documents, proof of business activities, and the names and details of all people involved in your application. Clear, organised documentation can speed up the review process and reduce the likelihood of delays.
5. Choose the Right Type of Licence:
Decide whether you need a Tier 2, Tier 4, or Tier 5 licence, or a combination of these, based on the types of workers you intend to sponsor. Each type of licence has specific requirements and conditions, so choosing the correct licence is essential for compliance and operational efficiency.
6. Provide Detailed Job Descriptions and Roles:
For Tier 2 licences, you will need to provide detailed information about the roles you intend to fill, including job descriptions, salaries, and the necessity for these roles to be filled by non-resident workers. This is part of demonstrating the genuineness of the job offer.
7. Training and Compliance Plan:
Develop a training plan for your staff involved in the sponsorship process. They should understand all aspects of compliance, from anti-discrimination policies to the specifics of handling visa issues. Regular training sessions can help ensure ongoing compliance.
8. Apply for the Correct SOC Codes:
Make sure that the Standard Occupational Classification (SOC) codes you choose for the roles you want to sponsor accurately reflect the duties and responsibilities of the job. Incorrect SOC codes can lead to application delays or refusals.
9. Consult with Immigration Experts:
Consider consulting with immigration lawyers or experts who specialise in UK immigration law. They can provide valuable insights into the application process and help avoid common pitfalls.
10. Prepare for the Home Office Visit:
The Home Office may visit your business premises to verify information provided in your application and ensure that your business complies with the sponsorship duties. Ensure that your business operations and records are in order and ready for inspection.
By following these tips, you can enhance the preparedness and compliance of your business, significantly increasing the chances of a successful sponsor licence application. This will enable your company to navigate the complexities of the sponsorship system more effectively and utilise international talent to fulfil business needs.
Tips and Advice on Improving the Likelihood of a Successful Visa Application
When supporting potential employees through the visa application process under the PBS, it's crucial to adopt a proactive and meticulous approach. Here are some targeted tips for you and your team to enhance the likelihood of successful visa applications:
1. Ensure Job Offers Match Visa Requirements:
- Precision in Job Descriptions: Make sure that job offers and descriptions align perfectly with the criteria for the specific visa category. For instance, ensure that the roles for Tier 2 visas meet the required skill level and salary threshold.
- Documentation of Need: Document the necessity for the role and why it requires a non-resident worker, especially if undergoing the Resident Labour Market Test.
2. Thorough Preparation of Sponsorship Documentation:
- Maintain Sponsor Licence: Regularly check that your company's sponsor licence is up to date and that you adhere to all sponsorship duties, as lapses can cause delays or refusals.
- Accurate Certificate of Sponsorship: When issuing a Certificate of Sponsorship (CoS), double-check all the details for accuracy, including the start date, salary, and job title.
3. Support with Document Preparation:
- Gather Comprehensive Documentation: Assist applicants in gathering all required supporting documents. This includes proof of qualifications, past employment records, financial stability, and any necessary endorsements.
- Verify Translations: Ensure that any non-English documents are accurately translated and certified as per UKVI guidelines.
4. Preparation for Application Submission:
- Review Application Forms: Before submission, review application forms for completeness and accuracy. Errors or omissions can lead to delays or refusals.
- Prepare for Timelines: Advise applicants on expected timelines and the best time to apply, considering any employment start dates.
5. Support with Compliance and Integration:
- Orientation and Compliance Briefing: Provide an orientation for new hires about the compliance requirements under their visa category and general information to help them integrate into their new environment.
- Ongoing Support: Offer continuous support during their transition, addressing any queries they may have about living and working in the UK.
6. Legal and Procedural Updates:
- Stay Informed: Keep up to date with the latest changes in immigration laws and procedures. Changes post-Brexit and adjustments in response to global events can affect visa processing and eligibility.
- Use Professional Services: Consider consulting with immigration experts for complex cases to ensure all legal aspects are correctly handled and to mitigate any risks that could impact the application.
Frequently Asked Questions (FAQ) about the Points-Based System (PBS)
1. What is a Certificate of Sponsorship (CoS) and why is it important?
- Answer: A Certificate of Sponsorship (CoS) is not a physical certificate but a unique reference number that a licensed sponsor needs to provide to each prospective employee from outside the UK. This number proves that the employee has a job offer and that the job offer meets the appropriate criteria for a PBS visa.
2. How can we ensure our job offers comply with PBS requirements?
- Answer: To comply with PBS requirements, ensure that job offers include the necessary skill level and salary threshold as outlined by the UK Visa and Immigration (UKVI) services. Regularly review changes to immigration laws to keep your offers compliant.
3. What are the responsibilities of a licensed sponsor?
- Answer: As a licensed sponsor, your responsibilities include checking that your foreign employees have the necessary skills, qualifications, and registration to do their jobs, reporting certain activities to the UKVI (such as if your employee doesn't show up for work), and ensuring that your foreign employees comply with the conditions of their visa during their employment.
4. How long does it typically take to process a PBS visa application?
- Answer: Processing times can vary significantly based on the visa category and the applicant’s circumstances. Generally, it can take anywhere from 3 weeks for a straightforward Skilled Worker visa application to several months if complexities arise.
5. Can we employ someone on a Tier 4 student visa?
- Answer: Yes, students on a Tier 4 visa can work up to 20 hours per week during term time and full-time during holidays. They can also fill a full-time permanent vacancy once they’ve completed their course, provided they switch to a work visa, such as the Skilled Worker visa.
6. What happens if we need to employ someone urgently but the visa process takes too long?
- Answer: In cases where urgent employment is necessary, explore whether the prospective employee qualifies for a priority or super priority visa service, which accelerates the processing times. However, this service is available at an additional cost and only for certain visa types.
7. Are there any special considerations for employing EEA nationals post-Brexit?
- Answer: Yes, post-Brexit, EEA nationals are subject to the same immigration requirements as other non-UK residents. They will need to apply under the appropriate PBS visa category if they wish to work in the UK. This includes obtaining a job offer from a licensed sponsor and meeting the specific visa requirements.
8. What should we do if an employee's visa application is denied?
- Answer: If an employee's visa application is denied, review the refusal reasons provided by UKVI. You may assist the employee in addressing these issues and reapplying, or seek legal advice to understand the best course of action, including the possibility of an administrative review or appeal.
