Point Based System

Regulated Advisers should check here for updates from the OISC in relation to the Points Based System

New versions of guidance notes for Tier 1

On 11 September 2008 new versions of the guidance notes for Tier 1 (General), Tier 1 (Entrepreneur) and Tier 1 (Post-study Work) applications were released. The following organisations and tests have been withdrawn from the list of approved English language test providers for Tier 1:

Organisation

Test

A+ Education A+ Education English Test
Central School of Professional Studies CSPS English Language Course (Advanced)
City School of Commerce and Technology CSCT Standard Test for English
University of Hull Foundation English Language Test
Summer Study English Language Test

UK Border Agency publishes statement of intent

On May 6, 2008 UKBA published two new Statements of Intent about the Points Based System. The first is in respect of Tier 2 - skilled workers. For the first time UKBA sets out the number of points required for entry as a skilled worker and how they can be acheived. Points can be gained through the type of job to be filled, qualifications and earnings. It also includes points for English language competence and the migrant's ability to support themselves and any dependents until they begin receiving their earned income.
The document gives details for sports people and ministers of religion as well as transitional arrangements.
However, the document makes clear that this is UKBA's present thinking, and that there could be changes before the PBS for Tier 2 goes live in Autumn 2008.
The second Statement of Intent covers temporary workers and the youth mobility scheme - Tier 5. This Tier provides for those people who wish to travel to the UK for reasons that are generally not economic. Again, it gives details of the points required and how to achieve them.
UK Border Agency | Points Based system - key documents

BIA becomes UK Border Agency

Following the Prime Minister’s announcement last November, on 3 April 2008 the UK Border Agency (UKBA) combined the work of BIA with UK Visas and the customs detection work of Her Majesty’s Revenue and Custom. The responsibilities of the General Registrar Office also moved to UKBA, which will have 25,000 staff across 135 countries.
UK Border Agency | Launch of Britain's new unified Border Agency


Sheffield Points Based Seminar

Senior UKBA officials and the Commissioner, Suzanne McCarthy, gave presentations at an IAS/ARIA organised seminar in Sheffield on 15 April 2008. The audience of nearly 100 people had the opportunity to quiz UKBA and the OISC about how the PBS will operate and the OISC’s role in regulating those who wish to act as sponsor representatives.

Newmarket Points Based Seminar

Stephen Seymour, Director of Operations at the OISC, will be speaking at a similar event, but which is specifically aimed at the horse racing industry at Newmarket on Tuesday 29 April 2008. Further details and bookings are available from Kings UK Limited.

Tier 1 transition

UKBA have given information on how migrants in Tier 1 already in the UK will move to the new system.
UK Border Agency | Points-based system: arrangements for migrants already in the United Kingdom


New further leave to remain forms available

UKBA have introduced a new set of FLR forms and guidance notes that can be downloaded from the following website.
UK Border Agency | Revised application forms and guidance notes now available - FLR(M) and FLR(S)

New work permit forms

The BIA has announced new work permit application forms, which must be used from April 1, 2008.

Details are available from
Border & Immigration Agency | Work permit application forms and guidance notes.

Dates for Your Diary

Tuesday, April 15, 2008 at IAS Sheffield - BIA, IAS and ARIA are running a seminar to inform practitioners about the PBS.

The Commissioner, Suzanne McCarthy, will be speaking. The OISC's Director of Operations, Stephen Seymour, and Head of Communications, David Ward, will also be there. They will answer practioner's questions about the OISC's regulation of immigration advisers after PBS introduction.

Please book your place through the IAS.
Immigration Advisory Service - News & media releases - Learn about the Points Based System.

Both ILPA and JCWI are running various courses about PBS over the coming weeks. Details and booking information is available from:
Immigration Law Practitioners' Association Training courses in immigration nationality and asylum.

General Update

The BIA introduced Tier 1 for highly skilled migrants already in the UK on February 29, 2008.
Border & Immigration Agency | Applying.

Applications to become a sponsor of migrants for general skilled workers and intra company transfers in preparation for Tier 2 PBS applications being introduced in the autumn can now be made on line.
Border & Immigration Agency | How to get a licence.

We expect revisions to the BIA’s sponsor form and guidance regarding the role and function of sponsors’ representatives to be made in the next few weeks. This resulted from the OISC alerting BIA to the need to make such changes.

The BIA has also announced details of the National Identity Scheme. This will be implemented in the form of biometric immigration documents (for non-EEA nationals subject to immigration control) during 2008. The BIA defines biometric data as a facial image or fingerprint.
Border & Immigration Agency | National identity scheme delivery plan published.

The introduction of biometric travel documents will start from Monday March 17, 2008.
Border & Immigration Agency | Biometric travel documents.

The letter to OISC regulated advisers can be found here