Changes to the Points Based System

26 February 2009

On 22nd February 2009 the Home Secretary, Jacqui Smith, announced measures to raise the bar for foreign workers wishing to enter the United Kingdom.

Pledging to use the flexibility that is built into the Points Based System (PBS) to respond to changing economic circumstances, the Home Secretary said changes were needed in order to help British workers through the hard times of the recession.

The significant changes that will take place as of 1st April 2009 include:

  • Tightening new criteria against which highly skilled migrants seeking to enter the UK are judged under Tier 1 (General) Migrant. Points will no longer be awarded for a Bachelors degree therefore the minimum educational qualification level to earn points will be a recognised Masters degree.
  • In addition to the educational changes, the minimum level of previous earnings to earn points will be raised to £20,000 from £16,000 for Tier 1 (General) Migrants.
  • The Resident Labour Market Test under Tier 2 will require employers to advertise jobs that are not on the shortage occupation list to resident workers through JobCentre Plus for two weeks before they can bring in a worker from outside of Europe.
  • The Shortage Occupation List which is available on the UK Border Agency's website will be reviewed to develop strategies to upskill resident workers and encourage them to take up those shortage occupations.

The Home Secretary has also asked the Independent Migration Advisory Committee (MAC) to report on:

  • Whether there is an economic case for restricting Tier 2 (Skilled Workers) to Shortage Occupations only;
  • Assessing the economic contribution made by the dependants of PBS Migrants and their role in the Labour Market; and
  • What further changes there should be to the criteria for Tier 1 in 2010/11 given the changing economic circumstances


Extension applications under Tier 1

There has been no information released by the Home Office suggesting that those already in the UK as Tier 1 (General) Migrants will be affected by the changes.

Please note that these are proposed changes and this notification is for information purposes only.

If you have any questions regarding the above UK immigration issues pleased contact immigration@magrath.co.uk