The Points Based System

The Border and Immigration Agency has confirmed that the points based system regulations will come into force on 29 February 2008.

Initially the rules will apply only to those already in the UK seeking to extend their stay as highly skilled foreign nationals. It is anticipated that the system will be introduced at British Embassies and High Commissions overseas from April 2008.

India will be the first country to implement the new system. All highly skilled migrants will need to apply under the points based system from April. Under the new system points will be awarded for aptitude, age, and previous earnings. The system is designed to reflect changing needs in the UK's labour markets.

The Immigration Rules are to be amended to reflect these changes. Highly skilled migrants applying from within the UK will, from 29 February 2008 fall to be considered under Tier 1 (General) Migrant requirements. Applicants must score 75 points under Appendix A which is to be known as "Attributes". Points will be awarded along similar lines to the current highly skilled migrant programme. Qualifications, previous earnings, age and UK experience will attract points.

Ten points will be awarded under Appendix B where applicants meet the English language requirements. Applicants will be required to demonstrate that they have knowledge of English equivalent to level C1 of the Council of Europe's Common European Framework for Language Learning or above. There will be a number of routes for satisfying this requirement including the submission of academic qualifications where the course was taught or researched in English.

Appendix C is concerned with maintenance. Applicants seeking leave to remain in the UK must score ten points for funds and will need to show that they have at least £800 at their disposal. This sum however increases where an applicant has a family.

To qualify for indefinite leave to remain applicants must have spent a continuous period of five years lawfully in the UK. The most recent period must have been as a Tier 1 (General) migrant. The rest of the time can be made up of leave in specified other categories. Applicants will also need to show that they are economically active in the UK and have passed the Life in the UK test.