Points Based System Lynn McIntosh Managed Migration Directorate Sponsor Management Unit

Why a Points Based System? Rules for entry will be objective, transparent and more consistently applied through a single application process. There will be a more robust system in place for checking compliance and for enforcement activity where appropriate. The public will understand who we are allowing into the UK and why.

Points Based System Process Overseas national wishing to work, train or study Overseas national calculates the number of points they qualify for against Home Office criteria. Certificate of Sponsorship or Confirmation of Acceptance of Studies Entry Clearance or Further Leave to Remain If there are sufficient points, the sponsor will issue the Certificate of Sponsorship or Confirmation of Acceptance of studies direct to the overseas national. Application made for entry clearance or further leave to remain with Certificate of Sponsorship or Confirmation of Acceptance of Studies.

Tier 1 Highly skilled individuals to contribute to growth and productivity: do not need a job offer and will have unrestricted access to the labour market will not need a sponsor English language requirement. There will be 4 subcategories: General Entrepreneurs Investors Post Study Work. Phased implementation started on 29 February 2008.

Tier 2 Skilled workers with a job offer to fill gaps in the UK labour force. Jobs must: be in a shortage occupation; or have passed the Resident Labour Market Test (RLMT); or have an salary of £40,000 or more per year; or be an Intra Company Transfer. Skill level is NVQ / SVQ Level 3 or above, even if they are shortage occupations. English language requirement. Anticipated Tier 2 will roll out during Quarter 3 of 2008.

Tier 2 – Attributes Table

Tier 3 Limited numbers of low skilled workers needed to fill specific temporary labour shortages. There are no current plans to commence this Tier.

Tier 4 Students General category – 15 hours a week organised day-time study except where studying at degree level at a publicly funded Higher Education Institution School – For those below 16 years old. No work permitted. Sponsor Register All Sponsors will need to be licensed by the UK Border Agency to be on new Sponsor Register. It will cover employers and educational establishments and the current DIUS Register of Education and Training Providers will no longer be used. Confirmation of Acceptance of Studies Seen as a proxy for intention and ability to study.

Tier 4 Sponsors will: be required to report on non-enrolment and discontinuation of studies and to cooperate with BIA officials need to show that they bona fide providers of education. Accreditation Publicly funded institutions – inspected or audited by the QAA, Ofsted, HMIE, Estyn or the Education and Training Inspectorate; or Private schools – providing education for children up to the age of 18 they have been inspected by Ofsted or the Independent Schools Inspectorate (ISI); or Private institutions – either hold valid accreditation from an accreditation body approved by the Border and Immigration Agency; or that they have passed an inspection by the Office for Standards in Education (Ofsted).

Tier 5 Youth mobility and temporary workers: people allowed to work in the UK for a limited period of time to satisfy principally non-economic objectives includes some creative, sporting and entertainment. Due for roll out during Quarter 3 of 2008.

Sponsorship under the Points Based System Anyone wishing to sponsor a migrant from outside the European Economic Area (EEA) in Tiers 2 to 5 will need a licence from the UK Border Agency. The licence criteria will differ depending on which tiers have been applied for. Applications can be made as a single entity, as individual branches or as a number of branches. Licences will last for 4 years. Licences can be applied for from 29 February 2008 for Tier 2 General and Intra Company Transfer only.

Applying for a licence Licence applications can only be made electronically. After application, the applicant must send in hard copies of the required documents within 14 days. Original documents must be sent if these have been specified. As part of the application process, the applicant must state the tiers and sub-tiers under which they require a licence.

How applications will be decided The UK Border Agency will need to be satisfied that: the potential sponsor is a bona fide organisation that is operating lawfully in the UK there are no reasons to believe that the potential sponsor represents a threat to immigration control the organisation is committed to, and capable of, complying with the obligations of sponsorship only applicants who qualify in line with the licence criteria for that specific tier will be approved. There will be no review process for decisions to register a sponsor.

Ratings for sponsors All sponsors will be rated A or B. Most sponsors will be rated A for most of the time. The B rating is a transitional rating and B rated sponsors will need to comply with a time limited action plan. B rated sponsors who do not comply are likely to be removed from the Sponsor Register. Non compliance of a sponsor in one capacity will affect their rating in a separate category.

Withdrawal of a Sponsor Licence Possible reasons for the withdrawal of a Sponsor Licence include: ceasing to trade or operate, whether as a result of insolvency or otherwise ceasing to be accredited or registered with any body that it needs to be registered with in order to be registered employing a migrant in a job that would not satisfy the qualification requirements for the issue of a Certificate of Sponsorship failing to pay at least the salary and allowances specified on the application for the Certificate of Sponsorship failing to comply with an action plan set by the Border & Immigration Agency failing to comply with sponsor obligations listed at the time of making the licence application that applies to it.

Renewing membership of the register Licences will last for 4 years. Licences must renewed if the sponsor wants to continue to issue Certificates of Sponsorship. Renewal applications will be considered under the same principles for the initial licence. Renewals must take place before the expiry of the existing licence.

The Sponsor Management System The sponsor will need to allocate an Authorising Officer within their organisation. The Authorising Officer will be responsible for granting users within their organisation access rights to the system. The sponsor will be held fully responsible for the actions of its Authorising Officer. Representatives cannot act as the Authorising Officer but can be granted access as a user by the Authorising Officer.

Certificates of Sponsorship and Confirmation of Acceptance of Studies When they apply for a licence, sponsors will be required to give an indication of the number of certificates required. The certificate will be identified by a unique reference number. There is no physical “certificate”. Sponsors will issue the certificate to migrants they choose to sponsor and will need to be satisfied that they are likely to comply with their immigration conditions. Migrant uses the reference number as part of their application for a visa or leave to remain. Entry Clearance Officers will be able to confirm they have a sponsor. Migrant’s application for a visa or leave to remain may still be refused.

Account Managers Account Managers provide support to sponsors to: prepare them for registration help them through the registration process help them remain compliant by providing advice, signposting and practical support. Not all sponsors will have a dedicated Account Manager, but all will have access to the Account Management team. Account Management teams are based at regional offices throughout the country. Sponsors may also be visited by compliance teams who carry out random checks to ensure sponsors are fulfilling their obligations.

What happens next? Business as usual. Statement of Intent on sponsorship has been published. Statement of Intent for Tier 1 has been published. Tier 1 phased implementation started on 29 February Registration and applications for a licence under Tier 2 started on 29 February 2008.

Further information Sponsor Management Unit: Web: Sponsor and employers’ helpline: Telephone: Customer contact centre: Telephone: Scotland Account Managers: