Points Based System Advice

Points Based System Advice and link...

Nicky Dean, Immigration & Human Rights Solicitor
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My interest is in helping foreign nationals from inside and outside the UK make sense of the increasingly complex immigration laws, if they want to come to the UK or extend their stay if already here, whether it be for work, study, or joining family members.

I specialise in the Points Based System for Immigration, dealing with students and Highly Skilled and Skilled workers all non Points Based immigration work such as spouse, visitor and dependent relative visa applications, and European and Nationality law.

Specialties: Tiers 1, 2, 4 and 5 of the Points Based System, European law, applications for family members of British nationals, visitor, spouses, dependent relatives, and Nationality law.

I also write and deliver seminars on the Points Based System for Universities in the North West, and liase with MIDAS and UKTI in Manchester, providing assistance when needed on Immigration matters. I also deliver training for Immigration practitioners for the Joint Council for the Welfare of Immigrants (aka JCWI) in London and Glasgow.


If you are
  • a European National (EU),
  • or the family member of a European national,
THEN the European regulations apply to you, which means you can do ANY job for ANY employer.

If you are
  • the husband/wife of a British national AND
  • you have a spouse visa
THEN you can do ANY job for ANY employer.

You should also check if you have any claim to European nationality through your family background.

IF YOU ARE NOT ONE OF THESE THEN ….....
You need a working Visa for the UK.
Here's how …....

How can I get a working visa in the UK ?

There are a number of ways that you can get a working visa for UK if you don't have one already.
Working visas are covered by the 'Points Based System' in the UK Immigration Rules.

Tier 2 is the most common route, for skilled workers doing jobs at Graduate level or above.

It is easiest to break it down into three steps.....

  1. Find out which jobs you can apply for
  2. When offered a job get a Certificate of Sponsorship
  3. Apply for your Visa

Here's some help....... 

STEP 1 – WHICH JOBS CAN I APPLY FOR?


STEP 2: THE EMPLOYER ISSUES A CERTIFICATE FOR YOUR JOB

  • Once you have identified your employer, applied for your skilled job, and been offered it ( Well done !) then the employer needs to issue you with a Certificate of Sponsorship.
  • They need to make sure when issuing the Certificate that they have used the right Code from the Codes of Practice, and are paying you the right salary for the job.

Then …... 
STEP 3: YOU MAKE A TIER 2 VISA APPLICATION

You use the Certificate reference number to make your Tier 2 visa application, making sure that you meet all of the requirements of the Immigration rules. This means making sure you score:

  • 50 points for your certificate and being paid the right salary,
  • 10 points for language (satisfied if you have a UK degree or the recognised equivalent)
  • 10 points for maintenance, which is £900 for 90 days. However the employer can certify that they will maintain you for the first month, should it be necessary.

If you ARE NOT currently in the UK on a student visa,
  • the employer usually has to advertise the job for 28 days and then justify employing you over and above any British or European nationals that apply.

If you ARE currently in the UK on a student visa, and switching into a working visa,
  • then the employer doesn't have to advertise the job.


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