0845 270 6815Find answers to frequently asked questions about the PBS
As an employer of migrant workers, what does the introduction of the points-based system mean for my organisation?
If your organisation wishes to recruit and employ migrant workers you will need to apply for a sponsorship licence from the UK Border Agency. Before applying for a Licence your organisation must ensure that it has a robust HR system in place which allows you to monitor the company's migrant workforce. You must also ensure each sponsored migrant has the "right to work in the UK" and appropriate checks have been undertaken before the migrant commenced employment.
When you are awarded your sponsorship licence you will be granted either an A-rating or a B-rating depending on your company’s ability to satisfy the UKBA’s stringent points based visa sponsorship requirements. Once you have met the sponsor licence requirements you will then be issued with a licence allowing your company to issue certificates of sponsorship to individual migrant workers. A Certificate of Sponsorship is not a physical document, but is a unique reference number issued by you to the migrant worker. It is extremely important to ensure that as a sponsoring employer you issue the Certificates of Sponsorship correctly, or there could be serious repercussions for your organisation, including withdrawal of your sponsor licence.
As a sponsoring company you will be required to undertake certain reporting duties under the points based system including keeping records on each migrant and reporting any change in a migrant's circumstance to the UKBA. Failure to do this may mean that your sponsorship Licence is downgraded from an A-rating to a B rating or withdrawn.
How can I sponsor migrants under tier 2 of the points based system?
It is compulsory to hold a sponsorship licence if you wish to employ migrant workers under tier 2 of the Points Based System. The process of applying involves:
- Make your application;
- Submit relevant documents to establish your organisation;
- Obtain icence; and
- Prepare for a possible visit by the UKBA Compliance Officers pre / post Licence submission.
If your Licence application is approved, you will be able to issue your own Certificates of Sponsorship (CoS) for migrant workers.
What is a certificate of sponsorship (CoS)?
A certificate of sponsorship is not actually a document, but rather it is a unique reference number that employers issue to the migrant they wish to employ. Once the migrant has been issued with t certificate of sponsorship they are then able to apply for permission to enter or remain in the UK in order to take up employment.
How long can I stay in the UK on a tier 2 work permit and what happens when this period expires?
Tier 2 work permits are issued for an initial grant period of three years and employers issue a certificate of sponsorship (CoS) to cover this period. When the initial period expires your employer can apply for a CoS for a further two years and you will then need to apply for an extension to your leave to remain in the UK. Provided you satisfy the length of stay requirements the tier 2 work permit category can lead to Indefinite Leave to Remain 
and subsequently British Naturalisation .
Competency in English language is a requirement of the points based system. What must I show to prove that I am competent in English Language?
To meet the English language requirements you must either:
- Be a national of a majority English speaking country or;
- Hold a degree that was taught in English and is equivalent to a United Kingdom Bachelors degree or above.
- Pass a recognised English language test.
If you are an individual being transferred to the UK under a tier 2 intra-company transfer visa you will not need to satisfy the English language requirement at entry clearance stage. This will only become a requirement if your employer would like you to remain working for the organisation in the UK beyond a period of three years.
What is the maintenance requirement for the points based system?
If you are applying for entry to the UK under the one of the points based visa categories you will need to show that you have held the sum of £800 in a bank or savings account for the last 3 months prior to making your application. If you are applying in a category that allows you to bring dependants to the UK and you wish to bring dependants with you, it is also required that you can show that you have held an extra £533 for the last 3 months for each dependant.
In some circumstances it may not be possible for you to provide the evidence needed to meet the maintenance requirements. In this situation the United Kingdom Border Agency has agreed that if a Tier 2 applicant is sponsored by an A-rated company, it will accept written confirmation from your sponsoring employer that they will maintain and accommodate you and your dependants until the end of the first month of work in the UK.
What will happen to ancestry visas, spouse visas and unmarried parent visas? Are they covered by the points based visa system?
You should note that none of these visas are covered by the points based system and these categories will remain in existence as they are for the foreseeable future.