Points-Based UK Immigration: What it Means for Your Visa Application
The UK operates a points-based immigration system (PBS) for visa applicants looking to obtain a work, study, or business visa. Whether you’re applying for a Skilled Worker visa, a Student visa, or the other categories listed below, understanding the UK's points-based immigration system is crucial. In this guide, we will break down what points-based immigration is in the UK and take an in-depth look at some of the most popular PBS categories
What is the Points-Based Immigration System
The current PBS was introduced to reform the UK’s immigration system in order to make it more accessible and easier to navigate for both applicants and employers. The current points-based system came into effect on 1 January 2021, following the end of the Brexit transition period. This replaced the previous 5-tier points-based immigration system which was seen as unnecessarily complex, rigid and bureaucratic.
Applicants are assessed against specific criteria, assigning points for factors such as qualifications, job offers, English Language proficiency, and salary levels. To be eligible for most work and study visas, you must score a minimum number of points.
Some of the visa categories within the points-based immigration system are as follows
· Senior or Specialist Worker Visa
· Global Business Mobility visa
Key Factors That Determine Your Points for Work Visas under the PBS
Each visa category has different requirements, but some of the main factors considered under the points-based system can include:
- Job Offer from a UK Sponsor - required for work visas, a job offer must come from a Home Office-approved employer (sponsor).
- Skill Level - the job must be at an appropriate RQF skill level on the list of eligible occupations.
- Salary Threshold - most applicants must meet a minimum salary threshold, which varies depending on the visa type.
- English Language Proficiency – Most applicants will need to pass an approved Secure English Language Test at Level B1 or above in reading, writing, speaking and listening with a Home Office approved provider.
- Financial Requirements - you may need to demonstrate that you have enough funds to support yourself in the UK.
- Educational Qualifications - certain visas, such as the Student visa, require proof of educational qualifications.
Some of the most popular PBS visa routes are as follows:
Skilled Worker Visa: How to Qualify
The specific eligibility depends on the prospective job; however, the main requirements are as follows:
- Sponsorship (provided by the company) - The applicant must have a confirmed job offer from a UK employer that holds a sponsor licence – 20 points
- Job at an appropriate level - job must be eligible for sponsorship i.e. the job must be on the list of eligible occupations – 20 points
- English Language skills at level B1 CEFR – 10 points
The additional tradeable 20 points can be earned through salary and other attributes. For example, the job must also meet the minimum salary threshold and the going rate for the job code. In certain circumstances, if a job offer does not meet the salary threshold, an applicant may still be able to earn 20 tradeable points if they are a new entrant, hold a relevant PhD, or hold a job offer for a specific health or education role. New Skilled Worker applicants must be paid at least £38,700 and the ‘going rate’ of the job code as mentioned here: Skilled Worker Going Rates for Eligible Occupations. A lower threshold of £30,960 may be available if the candidate qualifies under certain criteria, for example as a new entrant to the labour market.
Non-point requirements:
- Financial requirement – unless the employer certifies maintenance, the applicant must have held at least £1,270 in their bank account for 28 days (if applying for entry clearance or leave to remain and have been in the UK for less than 12 months)
- Criminal record certificate – this applies to certain jobs in healthcare, social care and education.
- TB certificate – if applying for entry clearance from a listed country, an applicant will also need to provide a Home Office approved TB certificate
- ATAS certificate – this is required for certain specific job roles
Graduate Visa Eligibility Requirements
Points type
Relevant requirements to be met
Number of points
Successful course completion
• Successful completion requirement
• Qualification requirement
• Study in the UK requirement
70
You must score 70 points for successful course completion. Points are awarded with reference to the following requirements:
1. Successful completion requirement
2. Qualification requirement
3. Study in the UK requirement
Successful completion
To satisfy this requirement, you must have been sponsored by a higher education provider with a track record of compliance; you must have completed the course during your last grant of permission to study; and your sponsor must have notified the Home Office that you have successfully completed the course prior to your application being submitted.
The term ‘successful completion’ is defined in the Immigration Rules as follows:
“Successfully completed” means the Student or Child Student has completed their course and been assessed by their sponsor, and has been or will be awarded, a qualification that is:
(a) for the course of study for which their Confirmation of Acceptance for Studies was assigned; or
(b) a degree at either UK Bachelor’s degree level or UK postgraduate degree level, as part of an integrated programme for which their Confirmation of Acceptance for Studies was assigned; or
(c) for the course of study with their student sponsor to which they were allowed to change without applying for further permission on the Student route.
Qualification
To satisfy this requirement you must have successfully completed a specified course of study in your last grant of leave - for example an undergraduate degree.
Study in the UK
To comply with this requirement, you must have studied in the UK for at least 12 months of your course. The Home Office guidance currently notes that applicants may not be prevented from meeting this requirement where distance learning took place either in the UK or overseas between 24 January 2020 and 27 September 2021 or for any distance learning that took place overseas between 27 September 2021 and 6 April 2022 as part of a course of study lasting longer than 12 months.
Global Talent Visa Requirements
Individuals who are regarded as an exceptional talent in the fields of science, humanities, engineering, medicine, digital technology or the arts, can apply for a Global Talent Visa. Points are allocated on the basis of endorsement by a recognised UK body, or on the basis of a prestigious prize.
The Global Talent visa provides greater flexibility than some of the other PBS routes – no job offer from a UK sponsor is required, visa holders may be eligible for ILR after 3 – 5 years (case dependent) and eligible family members can apply to join the main visa holder.
In order to be eligible for this visa, you would need to demonstrate that you are either:
- A recognised leader (global talent) or,
- An emerging leader (global promise)
The points requirements are as follows:
Requirement
Points available
An applicant making an initial application not relying on an endorsement:
• has been awarded a qualifying prize listed in Appendix Global Talent: Prestigious Prizes.
70
An applicant making an initial application relying on an endorsement:
• has been issued with an endorsement letter by an endorsing body; and
• the date of application is no more than 3 months after the date on the endorsement letter; and
• the endorsement has not been withdrawn by the endorsing body.
70
An applicant applying for an extension of their permission:
• has met the earned money requirement; and
• if they were granted their initial application using an endorsement, has not had their endorsement withdrawn by the endorsing body.
70
Total number of points required in each case
70
For a detailed breakdown of the Global Talent visa requirements, see here.
Summary
The UK’s points-based immigration system ensures that applicants meet specific skill, salary, and language requirements before being granted a visa. Understanding the UK's points-based immigration UK will help you plan your application strategically and maximise your chances of approval. As a boutique law firm specialising in UK-inbound immigration, our experts understand the complexity and uncertainty that constantly shifting immigration policies create for individuals. Our lawyers can provide up-to-the-minute legal advice on how any changes will impact your application.
For assistance with a UK visa application, please reach out to our team at Latitude Law. Call us today on 0300 131 6767, or use our online enquiry form to request a call back.