UK New Points Based System 2021 - Commonly Asked Questions & Salary Calculations

UK New points based work Visa - Explained with Commonly Asked Questions & Salary Calculations

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Salary Calculations & LINK

1 - What is the Major Diffference between Tier 2 General & New Points Based System

- Tier 2 ICT Switching (Without Cooling Off Period)
- No RLMT - Resident Labour Market Test

Employers No longer need to advertise a job in UK Market (open to EU) and prove that you are unable to hire anyone locally and show why you were unable to hire someone locally. Major Hindrance to hire outside UK when people are still unemployed in UK. Especially people with no Experience & Fresh Graduates from India.

- The combination of the above 2 should allow more employers to get License
- This will also allow UK Consultancies having contracts with Clients to hire.

2 - Will PBS allow Settlement or ILR - What happens switching from ICT to PBS ?

Yes , PBS visa holders will be allowed settlement. Like any settlement route, if you work in PBS Visa for 5 years, you should be eligible for ILR. Home Office might consider previous stay under ICT , but unclear. So when you move into PBS, the 5 year ILR rule might start from that point. So if someone was in UK 3 years in ICT and move to PBS they may have to spend another 5 years in PBS - total of 8 years - however home office might bring a rule to expedite / special case scenario of only 3 years for e.g. in PBS for such people for ILR. Still to be clarified further. But as it stands for sure 5 years ILR is always there. - The Settlement Option -No marked in ICT Section Page 44 was if you stayed in ICT visa itself then you don't get settlement.

3 - PBS without a Job Offer / Sponsor - Any updates?

Page 26 - Point 59 - Beyond January 2021 and in line with the recommendations from the MAC, we will create a broader unsponsored route within the Points-Based System to run alongside the employer-led system. This will allow a smaller number of the most highly skilled workers to come to the UK without a job offer. This route will not open on 1 January 2021 and we are exploring proposals for this additional route with stakeholders over the coming year. Our starting point is that this route would be capped and would be carefully monitored during the implementation phase. Further details will be shared in due course.


4 - Tier 2 General to PBS Switching & Job / Sponsor Switching within PBS

Page 25 - Points 53,54 & 55.
53. Those who enter the Skilled Worker route will need to make a new application if they (a) change employer; (b) change jobs (to another SOC code); or (c) need to extend their stay. Existing Tier 2 (General) migrants who need to do any of the above will also need to make such an application under the Skilled Worker route once the Tier 2 (General) route closes. The points table will apply to these further applications.
54. If the migrant has changed their employer and/or their job, there will be a reassessment of whether their new post meets the required skill and salary level.
PAYE records for all skilled workers will be regularly checked to confirm they are being paid the correct salary.

5 English Language Requirements

Page 13 - Points 22,23,24 - For Indians & Non English Nations this will mean
• having an academic degree taught in English * Recognized by UK NARIC;
• passing a secure English language test; * IELTS for e.g.
• having shown they meet the required level in a previous successful immigration application.
• Skilled workers who are sponsored as a doctor, dentist, nurse or midwife can rely on the assessment of their professional body as proof of their English language ability.

For e.g. this will mean Nurses will still need Higher English Language requirements as governed by NMC & UKNARIC will not be sufficient. IELTS or OET is still required.

Schooling in Tamil, University in English - Should be OK as UK NARIC checks University
Even if you are in UK in ICT and have not shown English Language Proof earlier  you have to do now. Working in UK in ICT is not sufficient.
Have done UG & PG - but don't have PG Certificates. Doesn't matter. Just use UG.
Have done distant learning ?- I don't think it is accepted - Proficiency won't be proven.

6 - Tier 2 ICT Switching Concerns

Page 44 - Table for ICT which says "Meet cooling" off period is for working in ICT going back to India and coming back in another ICT Visa which has cooling off period even now. Same for Settlement - Staying in ICT Does not give settlement. That table rules are for people staying in ICT - check page 42 Visitor visa table to understand the comparison. The point # 108 about more than 5 years in any 6 year period and all that applies to Staying in ICT , Extending ICT Stay & Another ICT application only - not switching to PBS.

7 - Already working for a employer (Dependent/ICT etc) - How does Job Offer Work?

If someone is working in UK Currently in some other category (Tier 2 Dependent for e.g.) and want to Switch to Tier 2 General for the same company, the company will still need to create a fresh role and give them a job offer and hire and sponsor them. The challenge earlier was RLMT - where they have to conduct interviews for the job created for this person and reject candidates (not ethical - but legal)
Now they just need to create a new ""job"" or ""role"" and just offer it straight to them as a new job offer for the PBS Application. Even ICT employees - the company can hire them in a UK based role created for that employee.

8 - My ICT Visa is ending in 2020 before December - What can I do ? What Start Date?

If you go back to India, you can still apply from India - ICT Switching - also means the cooling off period will not be applicable for PBS.
Applying for PBS from India - is also slightly cheaper than applying from UK.
However if you want to extend your stay and apply early, it depends exactly when the application process can start.

Unsure of the definitive date when application process can star - Visa Validity is only applicable from Jan 2021. But processing could start prior to that. So if someone's ICT visa expires in Oct 2020 and visa application opens in Oct 2020 and they apply they could technically stay till application is processed , however if they get the PBS visa in Nov 2020, then they don't have any eligible visa for Dec 2020 and still have to go back. Might need special request.

Potenitally Covid 2nd Wave could mean visa offices are closed and application process does not even start.

9 - Do we need a Solicitor / Lawyer / Agency - and pay additional fees for them?

Absolutely not required, once you start the process is very well defined and clear. So you won't need a lawyer or agency and you can avoid that fees. Fees for the visa processing is clearly mentioned in the policy document - Page 61 - Annex A
I have never used any agency for any of my applications & most of my friends have never used an agency too.

10 - My ICT Employer is unwilling to help. What happens if they find out ?

Some employers may not want their employees to switch or offer PBS. And if they find out you are going through the PBS process, they could just ask you to go back. You can't stay in UK in that circumstances just because you are searching for a PBS Sponsor. This could be tricky. However if the Visa Processing has started , you could quit. But this is very sticky and need Home Office guidance on case to case basis.