The points-based immigration system is currently being phased in as the means of regulating immigration to the United Kingdom from outside the European Economic Area (EEA). The scheme is composed of five "tiers" which will replace all the previous work permits and entry schemes, including Scotland's Fresh Talent Initiative.

STRUCTURE

Tier 1

Tier 1 covers highly skilled workers and was introduced on 29 June 2008. It is split into a number of sub-categories each with their own requirements.

Tier 1 (General)

Tier 1 (General) applies to highly skilled potential migrants looking for a job or wishing to become self-employed in the UK, and has replaced the Highly Skilled Migrant Programme (HSMP). Applicants to Tier 1 (General) are awarded points for attributes including age, previous or prospective salary and qualifications. Applicants must score at least 75 points, including at least 55 points scored for primary attributes and 10 points each for English language and having the necessary funds to ensure maintenance in the UK. Applicants do not need to have a formal job offer made by a licensed UK employer in order to apply under this category.

Tier 1 (Post Study work)

Under Tier 1 (Post-study work), students who have successfully completed a degree, postgraduate certificate or postgraduate diploma at a UK institution can apply for permission to work in the UK for 2 years without needing a work permit.

Tier 1 (Entrepreneur)

The Entrepreneur subcategory is for those wishing to setup or take over a business (or businesses) in the UK that they will be actively involved in running. It grants 3 years leave and those applying must have over £200,000 of funds.

Tier 1(Investor)

The Investor subcategory is for those who wish to invest £1,000,000 in the United Kingdom. Like the Entrepreneur type, it offers 3 years grant of leave.

Tier 2

Tier 2 covers skilled workers with a job offer from a UK-based employer and will be introduced in November 2008. It will replace the existing provisions for work permit employment, ministers of religion; airport-based operational ground staff, overseas qualified nurse or midwife, Student Union sabbatical posts, seafarers, named researchers, Training and Work Experience Scheme (TWES), Jewish agency employees, and overseas representatives (news media).

Tier 3

Tier 3 is for low skilled workers filling specific temporary labour shortages but the government does not expect this tier to be required while low-skilled labour demand can be met from within the European Economic Area.[11].

Tier 4

Tier 4 will start to operate in 2009 and applies to students.

Tier 5

Tier 5 will be phased in from November 2008 and will cover temporary workers and youth mobility. It will replace the current schemes of Working Holidaymaker, au pairs, BUNAC, the Gap Year entrants concession, the Japan: Youth Exchange Scheme and the concession for research assistants to MPs.

Public Reception

One of the justifications for the move to a new immigration system has been the perceived need to restore public trust in immigration law and controls. The system has been criticised by the opposition Conservative Party because it lacks an overall cap on the number of people who can qualify under the points criteria. There have also been concerns that, in failing to provide for the possibility of low-skilled migration from outside of the EEA, the system might cause skills shortages in sectors such as the construction industry in the run-up to the 2012 Summer Olympics in London.

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