Category: UK Work Visa

Since the introduction of the points-based system (PBS) in 2008, the UK work visa applications mostly relates to Tier 1, 2 and 5. However, concurrently, non-PBS work visa applications, such as UK ancestry visa, work permit etc. are also made. Perhaps, after the introduction of Innovator and Start-up visa in March 2019 under Appendix W of the Immigration Rules, there has been a change away from PBS. Accordingly, this category highlights the details of PBS and non-PBS UK work visa applications from inside and outside the UK.

The types of UK PBS work and study visa applications

Apparently, the UK points-based immigration system is for selecting migrants on certain valued attributes. Perpahs, the attributes usually include educational qualifications, professional and language skills. However, PBS migrants don’t have recourse to public funds in the UK. Therefore, in most of the PBS routes, the migrant also needs to have maintenance funds to cover the cost of living in the UK.

The HM’s government launched the PBS applications for non-EEA national work and study visas in 2008. However, by the passage of time, the Home Office has incorporated subjective criteria such as genuineness test. Therefore, overtime in most of the cases, the PBS applications have ceased to remain point-based.

How the UK’s points-based system works in practice?

There are five ‘tiers’ to the points-based system. Apparently, these cater for high skill/high-value migrants (Tier-1), sponsored skilled workers (Tier-2), low-skilled workers (Tier-3), students (Tier-4) and temporary workers (Tier-5). Moreover, each PBS tier contains several sub-categories. Perhaps, with varying associated conditions and mandatory eligibility requirements. Empirically, the Home Office never opened the UK PBS Tier-3 work visa for low-skilled workers. Perhaps, the low-skilled workers from EU/EEA helped in filling the UK’s labour supply gap for low-skilled jobs.

Tier 1 immigration route for high skilled (HS) migrants

Apparently, PBS Tier 1 is for high-value and high-skilled migrants. Accordingly, it is for entrepreneurs, investors, graduate entrepreneurs. And also for migrants with exceptional talents in science, humanities, engineering, medicine, digital technology, TV and film, fashion or the arts. However, the Home Office has closed the Tier 1 General and Post-study work (PSW) a few years ago. Moreover, in March 2019, the Innovator visa has replaced the Tier 1 entrepreneur for entry clearance applications. And startup visa has replaced the graduate entrepreneur route!

Tier 2 UK work visa route for skilled workers

Apparently, this UK work visa route is for sponsored skilled workers with a long-term job offer. Accordingly, this route is for filling the labour-supply gap for general and shortage occupation skilled workers, ministers of religion, sportsperson and intra-company transfers.

The UK has never used Tier 3 work visa route

The UK government has never used Tier 3 for low skilled workers. Apparently, the EEA resident workforce effectively meets the need for low skilled workers. Therefore, after Brexit, there are chances that the UK government may either activate the Tier 3 work visa route or open a new route under Appendix W for low skilled workers.

PBS Tier 4 for students

The PBS Tier 4 route is for child students (age 4-17) and adult students (aged 16 or over). Moreover, the eligibility to work as a Tier 4 student depends on the circumstances of the case.

The Tier 5 UK work visa route

Apparently, the UK work visa under PBS Tier 5 route consists of:

1. Charity Worker
2. Creative and sporting
3. Government Authorised Exchange
4. Religious Worker
5. Youth Mobility Scheme

Moreover, the Youth mobility scheme is only for certain nationalities. And applicants generally requires to have a job offer/sponsor.

Dependant family members of PBS migrants

Certainly, in most of the cases, the dependant family members of PBS work and study visa migrants can apply. Moreover, the eligibility criteria and associated conditions, including permission to work, vary depending on the sponsoring family member’s visa category.

Non-PBS study and work visa UK

Certainly, apart from PBS, there are a few niche work and study visa categories available to non-EEA nationals. Apparently, these non-PBS study and work visas are for:

1. Start-up visa under Appendix W, which has replaced the PBS Tier 1 graduate entrepreneur route
2. Innovator visa under Appendix W, which has replaced the PBS Tier 1 entrepreneur visa for entry clearance applications
3. UK ancestry visa
4. Short-term study
5. Domestic worker in a private household
6. Turkish workers
7. Turkish businesspersons
8. A representative of an overseas business visa

Specialist immigration solicitors

For applications, reapplications after refusal and filing administrative and judicial review against the UK work visa refusal contact specialist immigration solicitors London.