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Changes to the guidance notes for the Points Based System

Friday, 2nd October 2009

On 1 October the UK Border Agency in line with changes to the Immigration Rules published new guidance notes for Tier 1, Tier 2 and Tier 5 of the Points Based System

The main changes are has follows:

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.