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The UK introduces its new points based immigration system
by Graeme Kirk, Gross & Co, UK
The British Government has, with effect from the 29th February 2008, introduced the first stages of the new Points-Based Immigration System, which will revolutionise UK immigration law over the next 12 months.
With effect from 29th February 2008, the new Tier 1 (General) Category – Highly Skilled Migrants has come into effect. This covers individuals already in the UK under the Highly Skilled Migrant Programme, or wishing to switch status in the UK to this category. Basically, the Rules are very similar to the old HSMP Scheme, although the requirements for proving English language skills have been amended to allow postgraduate degree qualifications to count for English language purposes as well as Bachelors degrees, to widen the possible ways of providing evidence of English language skills, and to exempt individuals from English-speaking countries from having to prove their English language skills. Interestingly, English-language speaking countries include the USA, Australia, Canada and New Zealand, but not South Africa or India. The general English language test requirement however has increased from IELTS 6.0 General to 6.5.
It is intended that the new Tier 1 (General Category) for Highly Skilled Migrants will be rolled out in India as from 1st April 2008, as more Highly Skilled Migrants come from the India to the UK than from any other country. From this time, all applications for Tier 1 status will need to be filed in India direct to the British High Commission.
The British Government then intends to roll out the Tier 1 (General) Programme throughout the world by the end of the summer. This is likely to include the new entrepreneur categories as well. At this time, all Tier 1 applications from outside the UK will need to be lodged at British Diplomatic Missions Overseas.
At the same time, the first stages of the new Tier 2 for skilled workers, which will replace the Work Permit Scheme have been announced. UK employers wishing to employ foreign non-EEA nationals in the future, other than Tier 1 holders and other exceptions, can now register for Licences to issue the Sponsorship Certificates that will be required in the future. The Tier 2 system will not be introduced until the autumn of 2008, so UK employers have approximately 6 months to get themselves registered and geared up for the new system.
Watch this space!
