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UK Points System Immigration FAQ

Can I permanantly settle in the UK if I enter under the Tier 5 Visa Program?

No, you cannot transfer to another Tier from Tier Five if that's how you came to the UK. You will have to leave when your visa it up.

However, if you worked during your time in the UK, you can count that as UK experience on a future application for Tier 1 or Tier 2 immigration.

You will be required to leave the country after you visa is up but there is nothing to stop you from applying for another Tier program at a later date.

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My Job Type isn't on the Skills Shortage List, can I still immigrate to the UK?

Yes, it is still possible. The Skills Shortage list is a part of Tier 2 of the new UK Points based system. If your job is not on the list, your prospective employer may still be able to sponsor you. They must be approved by the government to sponsor people under the Tier 2 program. Then they have to prove that there are no suitable UK or EU candidates that can fill the job.

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Why is the UK Immigration System being changed to radically?

Until the start of the new UK Points Based System, there were 80 different methods for people who wanted to migrate to the UK. From coming to the UK to study, work or be a working holidaymaker. Many of these methods were confusing, time consuming and ultimately failed to fulfill the goals the government set for immigration England.

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I'm currently in the UK under a work permit, how will this affect me?

Right now, it won't affect you at all. UK Work Permits are being phased into the new Tier 2 of the new UK points based system. It's not exactly clear how this will affect those currently in the UK. Currently, the Border and Immigration Agency; says that they plan on phasing in Tier 2 in the fall of 2008. Check with us closer to the Fall for more details on this. When the information becomes available, we'll be sure you get it as quickly as possible.

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I'm from a country that is part of the European Union (EU), do I need to apply for the HSMP or Points Based Visa?

In most cases, no. As a citizen of a nation that's a member of the EU, you are entitled to settle anywhere in the European Union, including immigrating to the UK. You are allowed to live and work unrestricted and do not need to apply for HSMP. They will also not have to apply to immigrate to England under the new UK Points Based Immigration System. There are no restrictions on the types of jobs you can get or the places you can live. Consider yourself lucky if you are an EU citizen and want to move to the UK, the process of UK immigration in much easier and you certainly won't need an UK immigration lawer.

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How do I become a British Citizen?

Yes, it is still possible. The Skills Shortage list is a part of Tier 2 of the new UK Points based system. If your job is not on the list, your prospective employer may still be able to sponsor you. They must be approved by the government to sponsor people under the Tier 2 program. Then they have to prove that there are no suitable UK or EU candidates that can fill the job.

The British Citizenship process is long and involved. Those who don't intend to wait 5 or more years should not consider applying for it. First, one must come to the UK through a legal method then eventually apply for UK Indefinate Leave to Remain. After that, they may eventually apply for a British passport. This process sounds simple but it is very long, complicated and costs a lot of money. We will cover paths to UK citizenship in more detail in the upoming UK Points Based Immigration eBook.

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When will the new UK points based system be in force?

Yes, it is still possible. The Skills Shortage list is a part of Tier 2 of the new UK Points based system. If your job is not on the list, your prospective employer may still be able to sponsor you. They must be approved by the government to sponsor people under the Tier 2 program. Then they have to prove that there are no suitable UK or EU candidates that can fill the job.

The New UK Immigration Points Based System will start on February 29th for migrants currently in the UK under the HSMP Program. In April, migrants in India wishing to come to the UK must apply under the new Points Based System. By summer, migrants worldwide will have to apply under the new Points Based System to immigrate to England. The rest of the program will be phased into use over the next 12 months. So, those first to be affected by the new system are are current HSMP Migrants.

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I'm currently in the UK under the HSMP or Highly Skilled Migrant Promgramme, will be able to stay in the UK?

Yes, if you wish to remain in the UK when your current HSMP Visa expires, you will need to apply for renewal under the new UK Points Based System. Current HSMP migrants will be the first group to be required to apply under the new system. The new Points System Tier 1 will be replacing the HSMP and will have similar requirements as the HIghly Skilled Migrant Programme, so you shouldn't have to worry too much about being denied under any drastic changes made to the Immigration to England system because the changes will not be too drastic. 

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