Understanding the UK’s New Points-Based Immigration System for Skilled Workers and Permanent Residence

The United Kingdom’s latest immigration changes have introduced a points-based system aimed at streamlining and modernizing the process for skilled immigrants. This new system, known as the Skilled Worker route, has replaced the previous Tier 2 visa. Understanding the nuances between this new category and the path to permanent residence is crucial for anyone planning to immigrate to the UK.

Introduction of the Points-Based System

The new points-based system came into effect on 1st December 2020 for non-European Economic Area (EEA) nationals. Starting from 1st January 2021, it also applies to EU nationals seeking to live and work in the UK. This system assigns points based on an individual’s job offer, salary, qualifications, language proficiency, and other factors. A minimum score is required to meet the criteria for a visa.

Transition from Tier 2 to Skilled Worker Visa

The Tier 2 visa, previously one of the main pathways for skilled workers from outside the EEA, has been replaced by the Skilled Worker route. This new system is more transparent and standardized. Those seeking work permits under the old Tier 2 route may need to reapply through the Skilled Worker channel. The same applies to those wanting to extend their stay or apply for Indefinite Leave to Remain (ILR).

Current Immigration Policy and Changes

It's important to note that while the new points-based system indicates significant changes, the immigration policy remains subject to governmental review. Current EU nationals already residing in the UK are not immediately affected, and the ILR route for EU nationals remains unaltered. The UK government continues to refine its approach, and future changes might occur. The ILR application process for Tier 2 General category workers still requires five years of continuous residence to be granted permanent residency.

Points System and ILR Criteria

The new points-based system favorably ranks the completeness and transparency of job offers, making it a mandatory requirement. Applicants must be sponsored by a company licensed to sponsor Skilled Workers. After five years on this visa, one can apply for ILR, marking a step toward permanent residency. However, the specific criteria for earning points and the likelihood of changes to the ILR system remain under review.

Future Developments and Global Talent Visa

The UK government is also considering a Global Talent Visa route, which aligns with similar programs in countries like Australia and Canada. This route would allow individuals to apply without a job offer, focusing more on their potential contributions and skills rather than just employment mandates.

Government Policy Statement

Yesterday’s policy statement, titled “The UK’s Points-Based Immigration System: Policy Statement,” outlines the government’s plans to integrate EU nationals into the new work visa framework. The statement emphasizes that this system does not impact other types of applications outside the points-based system, ensuring clarity for those seeking to understand the changes.

Conclusion

As the UK’s latest immigration measures take shape, understanding the distinctions between the Skilled Worker visa and the path to permanent residency is essential. The new points-based system streamlines the process but retains some of the challenges faced by previous systems. Future developments, such as the Global Talent Visa, could further open up opportunities for skilled workers.

To stay informed about these changes and to navigate the complexities of the UK’s immigration system, individuals must consult official government sources and seek professional advice.