What is UK Points Based System?
The Points Based System (PBS) manages migration for those non-European Economic Area (EEA) nationals who enter the UK for the purpose of work, investment or study.
The system is called Points Based because an applicant applying for one of the PBS visas must satisfy a decision maker that they score enough points for certain requirements to be granted such visa. Decision making in these applications is very similar to a box ticking exercise. There is minimum discretion that a decision maker is able to apply in the PBS applications.
There is no longer a right of appeal if an application is refused under the PBS. Applicants are instead offered an administrative review if they believe that the decision made is wrong and that a decision maker made a casework error when considering their application, e.g. failed to consider submitted evidence.
It is therefore crucial to ensure that any application made under the PBS is prepared, thoroughly checked and submitted by a qualified and experienced immigration specialist to avoid refusal of the application and loss of fees paid.
What does UK Points Based System consist of?
When the system was created, it initially consisted of five ‘tiers’. The Immigration Rules have been changed since then numerous times, some tiers have been closed, Tier 3 has never come into force.
There are four ‘tiers’ in operation at the moment:
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TIERS |
VISA CATEGORIES |
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Tier 1 |
This visa category is completely closed now for new applicants and for extensions as well as settlement applications. Family members of Tier 1 (General) migrants can still make applications to join them in the UK. |
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This route is suitable for applicants working in a qualifying field who have been endorsed by an endorsing body either as recognised leaders deemed to be exceptional talents or emerging leaders who are exceptional promise. |
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The visa route used to be suitable for non-EEA migrants wishing to set up or run a business, but is now closed for new applicants. Two new routes were introduced instead: Start-up and Innovator. It is still possible to extend your leave or apply for settlement if you are in the UK and already have this visa. Family members of entrepreneurs can still join them in the UK. |
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Graduate Entrepreneur |
This category is also closed now for new applicants. It is not possible to extend this visa. All applicants should either switch to a Start-up visa or Tier 1 (Entrepreneur) visa. |
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This visa route is for non-EEA applicants who wish to invest £2,000,000 and more in the UK. |
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Tier 2 |
This category is for non-EU migrants who have been offered a skilled job in the UK by a Home Office licensed employer. |
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This route is for migrants who are from outside of the EEA and whose overseas employer has offered them a job in a UK branch of the company. |
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This visa category is for elite sports people or qualified coaches who are recognised by their governing body as being at the highest level of their profession internationally and endorsed by them. Only for migrants outside of the EEA. |
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This visa route is for non-EU migrants who have been offered a job within a faith community in the UK. |
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Tier 4 |
This category is for migrants from outside of the EU who wish to come to the UK to study. |
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Tier 5 |
This route is for non-EU migrants who wish to come to the UK for a short time work experience, training, language programme, research or fellowship through an approved government authorised exchange scheme. |
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This visa is for migrants who have certain types of British Nationality or are from certain countries outside of the EEA, are aged between 18 and 30 and wish to come to the UK to work for up to two years. |
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