Non-EEA nationals—points-based system
Non-EEA nationals—points-based system

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Non-EEA nationals—points-based system
  • Tier 1
  • Tier 2
  • Resident labour market test
  • Shortage Occupation List
  • Intra-company transfers
  • Tier 3
  • Tier 4
  • Tier 5

UPDATE: On 19 February 2020 the Home Office issued a ‘policy statement’, which sets out its main plans on the post-Brexit immigration system. The policy outlines the key features which will apply to both EU and non-EU citizens from 1 January 2021 (other than those EU citizens and family members who were resident in the UK before that date and therefore will fall within the EU Settlement Scheme). For more information, see News Analysis: The UK’s plans for a ‘points-based system’ from 1 January 2021 (20/2/20). On 5 March 2020 the Immigration and Social Security Co-ordination (EU Withdrawal) Bill was introduced and given its first reading in Parliament. This Bill makes provision to end rights to free movement of persons under retained EU law, to repeal other retained EU law relating to immigration and confers power to modify retained direct EU legislation relating to social security co-ordination, see: LNB News 05/03/2020 82.

The system by which non-EEA nationals are able to come to work in the UK is points-based and has five tiers:

  1. tier 1: graduate entrepreneurs and investors

  2. tier 2: skilled workers with a job offer which meets certain requirements, eg salary level, shortage occupation or resident labour market test

  3. tier 3: workers in specific schemes to fill low-skill shortages

  4. tier