02/11/2008

The U.K. Government has published regulations for a new points-based immigration system, as well as for new immigration fees for 2008-09 as part of a comprehensive immigration and border security reform program being implemented over a 12-month period.

Points-Based System (PBS)

The U.K.'s new points-based system (PBS) is modelled after Australia's immigration system. The first stage of implementation ("Tier 1") will replace eight existing self-sponsorship categories for individuals who are highly skilled, entrepreneurs, investors, or have undertaken advanced studies and want to stay in the U.K. to work. Applicants will earn points for their skills, their potential for economic success, their level of English language competency, and their ability to support themselves and any dependents.

Tier 1 of the PBS will begin to take effect February 29, when self-sponsored highly skilled foreign nationals currently working in the U.K. will be required to file extensions under the new PBS in order to extend their stay. Beginning in April, all highly skilled foreign nationals in India who wish to work in the U.K. as self-sponsored highly skilled migrants will need to apply for work authorization under the PBS at a British Diplomatic Post in India. By summer, Tier 1 will be implemented worldwide.

Under the PBS, employers who wish to sponsor foreign nationals for work authorization will need to apply for a license to do so (PBS "Tier 2"). The term of the license will be four years. A License Register will also go live on February 29, although Tier 2 will not take effect until the end of 2008.

New Fee Schedule

A new immigration fee schedule has been proposed, which includes fees related to several of the new PBS categories. Specifically, regulations for the following categories of immigration fees have been proposed and are to take effect on February 29:

• PBS Tier 1: In-country applications for self-sponsored highly skilled workers;
• PBS Tier 2: Sponsorship license applications for employers;
• Certain entry clearance and transit visas outside of the PBS; and
• Certificates of right of abode in the U.K.

Where applicable, fees for services under the new PBS have generally been proposed at the same level as the fees for the existing services to which they are comparable. Note that application fees for the new employer sponsorship license will be up to £2,000.

Proposed fees for other new services will be set in future regulations shortly before their implementation, including all remaining fees related to the PBS and fees for biometric ID cards.

The Home Office does not intend to make further changes to 2008-09 fees for applications made in the U.K.

The complete proposed fee schedule may be found at
http://bia.homeoffice.gov.U.K./sitecontent/documents/news/proposedfees.pdf.

Fragomen will continue to monitor the implementation of the PBS, the new fees, and other aspects of U.K. immigration reform, and release further alerts as necessary.

The content herein is provided for informational purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services, or send an email to the appropriate regional mailbox: canada@fragomen.com, lar@fragomen.com (for Latin America), asiapac@fragomen.com, or emea@fragomen.com (for Europe, Middle East and Africa).
 

Source: http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/5dbe2b850b380358852573ec00789fa9?OpenDocument