UK Immigration: Navigating the UK Points Based System

UK Immigration changed in 2008 and 2009 with the introduction of the Points Based System. Immigration Consultant, Nikki de Prey, explains how the new system works.


In 2008 and 2009 the UK introduced a Points Based System as the route to working or studying in the UK for all non-EEA foreign nationals.

Prior to this system, all UK visas were issued or refused at the discretion of the immigration officers assessing the cases. The immigration officers would assess each application against the Immigration Rules, but ultimately would use their discretion as to whether the case was an 'issue' or a 'refusal', on the 'balance of probabilities'.

The Points Based System (PBS) was introduced as an alternate, transparent system – discretion has now been taken away from immigration officers for all PBS applications. As long as an applicant provides the correct documentation in the correct format to demonstrate that they have the required points the visa will be issued (barring any grounds for refusal such as the use of deception in the application or a criminal background).

However, therein lies the rub! Preparing an application correctly so that it succeeds has become a difficult task.

There are currently four tiers to the Points Based System in operation:

Tier 1 – Highly Skilled Migrants

Tier 2 – Skilled Migrants with a sponsor (i.e. job offer from an employer licensed under PBS)

Tier 4 – Students

Tier 5 – Temporary Workers

Tier 3 is for Low Skilled Workers, but is currently not in use.


Each Tier has a Policy Guidance giving full details of the points required, how to gain these points, and which documents are necessary as evidence.

However, most applicants do not want to study a 65 page Policy Guidance before submitting a visa application! Hence many applicants are being refused – not because they don't qualify, but because they didn't provide the right documents to demonstrate that they do.

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