The new points system will be divided into five tiers and the subject matter of this article, Tier 1, will be introduced in March 2008, with Tier 2 being introduced in the last quarter of 2008.

Tier 1 will deal with highly-skilled migrants, investors and entrepreneurs, the categories currently dealt with under the HSMP scheme, and the investor and business/self-employed rules.  Applicants under Tier 1 will need to prove good English language skills, although investors may have less onerous language requirements.  It is anticipated that the Highly Skilled category will be very similar to the existing HSMP scheme which allows qualifying applicants to take employment, self-employment or establish a business in the UK without restriction subject to maintaining a required level of earnings in the UK.

Details of the new investor and entrepreneur rules are expected to be announced early in November 2007, and it is likely that there will be substantial changes from the existing schemes.

Tier1 cases will lead to the potential right to apply for permanent residence after 5 years qualifying residence in the UK.

Under the new points system, there will no longer be any right of appeal to the Asylum & Immigration Tribunal in the event of a refusal decision.  Cases which will be decided by Entry Clearance Officers at British consulates and overseas missions will be subject to any administrative review by any Entry Clearance Manager from another location who has not been connected with the case in any way.  Time will only tell how robust and independent this administrative review is in practice.  Practitioners have lobbied the Government over the loss of appeal rights but to no avail.  If the administrative review procedure is seen as arbitrary and unfair there may well be a flood of judicial review cases brought in the High Court.

I will now provide a brief introduction to the new Tier 2 which will be introduced in the third quarter of 2008.  This new Tier will replace the existing Work Permit Scheme.  During the first part of 2008 UK employers will be asked to register in order to be in a position to issue sponsorship certificates for prospective employees.  Employers who are admitted to the Register will be able to issue Sponsorship Certificates for their employees, and will be trusted by the Home Office to comply with all conditions e.g. the carrying out of a residence labour test in appropriate cases, subject to a review by a team of Compliance Officers who will undertake investigations to check compliance by employers.  Failure to comply is likely to lead to removal from the Register.

Individuals with sponsorship certificates will then present these certificates to the British diplomatic mission in their home country to obtain entry clearance or visas for the UK.

Further detailed information about Tier 2 will be announced as soon as it is available, but this Tier represents probably the most revolutionary change to all the Rules and it will be extremely interesting to see how well it works in practice.  Again, there will be no appeal rights in the case of a refusal of entry clearance.