Points Based System – an overview by hcj


									Points Based System – overview
The University has a licence to employ migrant workers under Tier 2 (General) and
Tier 5 – Government Authorised Exchange (Sponsored Researchers) on the new
Points Based System (PBS. Tier 5 is for visitors who would previously have qualified
for a Sponsored Research Work Permit.

Those wishing to enter or remain in the United Kingdom under Tier 2 or Tier 5
require a sponsor and sponsorship certificate, unless applying for Tier 1 the highly
skilled Tier. On receipt of a sponsorship certificate the migrant worker must apply for
leave to enter or remain in the UK using the PBS. A certificate of sponsorship must be
used for a ‘leave’ application within 3 months of being assigned.

The following information is a brief overview of the duties and responsibilities we
must comply with in order to retain our sponsorship licence under immigration rules
the prevention of illegal working.

There are five tiers under the PBS:
Tier 1 – Highly Skilled Migrant. This is obtained by the individual and does not
require sponsorship.
Tier 2 – Migrant workers with a job offer (Certificate of Sponsorship).
Tier 3 – This tier is temporarily suspended.
Tier 4 – Students
Tier 5 – Youth Mobility and temporary Workers. Universities have been allowed
exceptionally to have a licence for Tier 5 specifically for Sponsored Researchers.

The Points System (PBS)
A sponsored migrant – under Tier 2 (General) - requires at least 70 points to obtain
leave to enter or remain in the UK. The points can be scored in different ways, for
example, qualifications and earnings and include 10 for English language and 10 for
maintenance e.g. migrants must show they have savings of £800 for themselves and
£533 for each dependant to cover living expenses for their first month in the UK.
(current January 2009)
       Migrant Worker Already in the UK
       When a sponsorship certificate is issued to a migrant worker already working
       in the UK the following points are awarded: 50 points for the sponsorship
       certificate, 10 points for English language, confirmed by their current work in
       the UK, and 10 points for maintenance using previous payslips as
       confirmation of meeting the requirement.

Duties and Responsibilities
Record keeping duties
The University must keep the following records for each sponsored worker. The
copies may be e-copies or photocopies of the original documents:
      A copy of the passport or other relevant documents shown on the Home Office
       list of documents, proving their entitlement to work
         A copy of the ID card where/when available.
         Contact details e.g. home address, telephone number and mobile number.
          (staff should be reminded to keep their contact details up to date)
         Recruitment records, including: advertising details, application forms, shortlist
          Criteria, Chairperson’s report and interview notes.
     All of the above documents must be forwarded to Human Resources for retention
     and will be retained in accordance with the Data Protection Act 1998, for the
     duration of the appointment. These documents must be made available to the
     Border and Immigration Agency on request. For document checking procedures
     please go to http://www.reading.ac.uk/humanresources/rdg-

Reporting and Monitoring Duties
The University must report the following information to the UK Border Agency
    If the sponsored worker does not turn up for his/her first day of work;
      (notification within 10 working days)
    If a sponsored migrant is absent from work for more than 10 working days,
      without the sponsor’s reasonably granted permission;
    If a sponsored migrant’s period of engagement (including where the migrant
      resigns or is dismissed) or if any registration he/she needs to work in the
      United Kingdom (such as with a governing body) is ended;
    If the sponsor stops sponsoring the migrant for any other reason (for example,
      if the migrant moves into an immigration route that does not require a
    Any significant changes in the migrant’s circumstances; job change, salary
      (not increments), work location, change of migrant status;
    If the sponsor has information which suggests that a migrant is breaching the
      conditions of his/her leave;
    If the sponsor has information that suggests a migrant may be engaged in
      terrorism or other criminal activity, it must give the police any information it
      may have.

Resident Labour Market Test (RLMT)– Advertising
If you wish to sponsor a migrant worker you must complete a RLMT to show that no suitably
qualified settled worker (no immigration restriction on their length of stay in the UK) can fill
the job. All jobs must be advertised for a minimum of either one or two weeks (dependant on
salary – see below) and advertised in Jobcentre Plus. To avoid discrimination all applicants
should be treated the same whether or not they require permission to work in the UK.

An application for a tier 2 (General) sponsorship certificate must be made within six months
of the advertisement and a sponsorship certificate is only valid for three months from the date
of issue.

RLMT Requirements
   Salary of less than £40,000 - the job must be advertised for a minimum of two
   Salary of over £40,000 – the job must be advertised for a minimum of one week.

Aileen Wallace   11 January 2009
         All jobs of Grade 6 and above will be advertised in jobs.ac.uk for a minimum of 2
          weeks. The 2 week minimum requirement also applies to University of Reading
          website advertisements.
         All research, lecturer and above, jobs must also be advertised in Jobcentre Plus

The advertisement must include:
    The job title;
    The main duties and responsibilities of the job (the job description);
    The location of the job;
    An indication of the salary package or range, and the terms on offer;
    The skills, qualifications and experience needed; and
    The closing date for applications, unless the job is part of a rolling recruitment
       programme (in which case the advertisement should state the period of the
       recruitment programme).

Exceptions to RLMT
You do not have to complete a resident labour market test before sponsoring a migrant under
tier 2 (General) if the job is:
      On the shortage occupation list (higher education is not on this list)
      Named researchers;
      A migrant currently employed by us for at least six months if they have current
         permission to stay in the UK under the post-study worker category of tier 1; the
         international Graduates Scheme; the Fresh Talent Working in Scotland Scheme; or
         the Science and Engineering Graduates Scheme.

If a settled worker applies for the job but does not have the necessary qualifications,
experience or skills, you cannot refuse to employ them unless you specifically requested these
qualifications, experience or skills in the job advertisement.

Entitlement to work documents must be appropriately checked prior to work being
done in accordance with University policy and procedures. All interview candidates
should be asked to bring to interview, documents proving their entitlement to work in
the UK. Candidates must show either one or a combination of documents from
prescribed lists provided by the UK Border Agency. Candidates providing proof of
entitlement to work using List B must have their documents re-checked on an annual
basis. See the HR website for full information on document checking.

Shortlisted candidates requiring a Sponsorship Certificate should confirm, at
interview, that they have completed the UKBA self-assessment tool, which confirms
that they meet the points required for the post. The self-assessment tool obviates the
need for the University to become involved with a candidate’s personal finances in
respect of the maintenance requirement. The self-assessment tool can be found at:

A contract of employment and/or sponsorship certificate will be issued by Human
Resources on receipt of the appropriate paperwork including confirmation, where
necessary, that the candidate meets the required points on the PBS

Aileen Wallace   11 January 2009
Document Retention
All recruitment paperwork including, application forms and subsequent entitlement to
work documents should be returned to Human Resources for retention. If a School
chooses to offer unpaid or paid work using the Blue Claim Form or its equivalent, the
entitlement to work document checking procedures still apply. These documents
should be retained by the relevant School for the duration of the work being done or
one year, whichever is the least.

Entitlement to work and document checking procedures
The University is required to comply with the regulations and Codes of the
Immigration, Asylum and Nationality Act 2006, on the prevention of illegal working.
Employers who do not have appropriate checking procedures in place may be liable
for a civil penalty of up to £10,000 per illegal worker.

The University has a robust document checking procedure in place which complies
with the Act and ensures we also meet employment and discrimination law. Anyone
carrying out work for the University must provide the original of documents, from a
Home Office prescribed list (see HR website), which proves their entitlement to work
in the United Kingdom. All documents are checked by the relevant School or
Directorate prior to work being done. The documents are copied and the copies are
securely retained, for the period of the work or employment, in accordance with the
principles of the Data Protection Act 1998. All copied documents should be signed
and dated as ‘original seen’.

Annual Document Checks
With effect from 29 February 2008, anyone with immigration restrictions must have
their documents re-checked on an annual basis, to confirm their continued right to
work (see the work entitlement examples on the HR website). Schools will be notified
by Human Resources when an individual’s documents are due for rechecking. Once
the documents have been checked appropriately they should be forwarded to Human
Resources for retention.

If you have any problems or queries in respect of the document checking procedures
please contact your HR Partner. For all other immigration or sponsorship information
please contact Aileen Wallace on x 8754 or a.m.wallace@reading.ac.uk

Aileen Wallace   11 January 2009

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