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Points Based Scheme - changes to the guidance notes

02 October 2009

In line with the recent changes to the Immigration Rules, on 1 October 2009 the UK Border Agency published new version of the guidance notes for Tier 1, Tier 2 and Tier 5 of the Points Based Scheme.

Some of the changes include:

Tier 1 (General) - migrants in full time education will no longer be able to claim points for earnings obtained outside of the 15 months immediately prior to their application.

Tier 1 (Entrepreneur) - those switching in-country from leave as a Business person (under Paragraphs 200-210 of the Immigration Rules) will not have to satisfy the English language requirement.

Tier 1 (Post-Study Work) - holders of a PGDE will now be eligible for an award of points in this category. Applicants who have a valid leave, which does not prohibit them from pursuing a course of study/research will be able to switch into the Tier 1 PSW category.

Tier 2 - the guidance has been rewritten to bring it in line with the latest version of the sponsor guidance. Some of the most important changes include removal of the max 10% cap on share ownership for Tier 2 (Intra-company transfer) applications and introduction of provisions allowing Representatives of overseas Businesses' to switch in-country into Tier 2 category.

Tier 5 (Temporary Worker) – those granted entry for a short period under this category will be now free to travel outside of the common travel area within validity of their visa.

Tier 5 (Youth Mobility) – the guidance contain detailed information on the types of funds which can be used to demonstrate maintenance.

For further details please contact us on 0203 384 3075.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.