Expert UK Points Based System Lawyers in London

The UK Points-Based System (PBS) is the cornerstone of the UK’s post-Brexit immigration framework, designed to attract top-tier global talent, skilled workers, and international students. Navigating this system requires a precise understanding of how points are allocated, calculated, and proven. A single miscalculation or failure to provide specified evidence can lead to a costly visa refusal and disrupt your career or business plans.

At Top Lawyers London, our specialist immigration solicitors are highly adept at managing applications across all tiers of the PBS. Whether you are an individual seeking a Skilled Worker visa lawyer London or a corporate employer needing a Sponsor Licence to hire international talent, our dedicated legal team ensures your application meets the strict Home Office criteria perfectly on the first attempt.

How the UK Points-Based Immigration System Works

To qualify for most UK work and study visas, applicants must score a minimum of 70 points. Understanding exactly how to calculate UK visa points is crucial. The Home Office divides these points into two categories: Mandatory (non-negotiable) and Tradeable.

1. Mandatory Points (50 Points)

For the primary Skilled Worker route, you must secure 50 mandatory points before any other factors are considered. You cannot "trade" these points; they are absolute requirements. You earn these by proving:

• Sponsorship (20 Points): You have a valid Certificate of Sponsorship (CoS) from an approved, licensed UK employer.
• Skill Level (20 Points): The job offered is at the required skill level (typically RQF Level 3, equivalent to A-levels, or above).
• English Language (10 Points): You can speak, read, write, and understand English to the required standard (usually CEFR Level B1).

2. Tradeable Points (20 Points)

To reach the required 70 points, you must earn an additional 20 "tradeable" points. Following the recent Home Office updates, this is where the system gets highly technical. You can earn these points through:

• Salary Thresholds: Earning above the updated general salary threshold (currently £38,700 for most roles, or the specific "going rate" for your occupation code—whichever is higher).
• Immigration Salary List (ISL): If your job is on the newly introduced Immigration Salary List (which replaced the Shortage Occupation List), you can be sponsored at a lower minimum salary threshold.
• Educational Qualifications: Holding a PhD relevant to the job, or a PhD in a STEM subject relevant to the job, can trade against a lower salary.
• New Entrant Status: Recent graduates, those under 26, or those switching from a Student Visa may benefit from lower salary requirements as "new entrants."

Our expert UK work visa solicitors near me conduct thorough assessments of your occupation code (SOC code) and salary to guarantee you legally secure the full 70 points.

Key Visa Routes Under the Points-Based System

The PBS encompasses several different visa categories. Our London immigration lawyers regularly provide bespoke legal assistance for:

The Skilled Worker Visa

This is the primary route for overseas professionals coming to work in the UK. We manage the entire process, from ensuring the job description matches the correct SOC code to verifying that the salary meets the latest Home Office thresholds.

Global Talent & Innovator Founder Visas

For highly skilled individuals, researchers, and entrepreneurs, these routes offer a path to the UK without needing a traditional job offer. We assist in securing the necessary endorsements from approved endorsing bodies before submitting the visa application.

Student and Graduate Visas

We help international students secure their 70 points by ensuring their Confirmation of Acceptance for Studies (CAS) is valid and maintenance funds are held correctly. We also seamlessly transition students to the Graduate Route or Skilled Worker Route upon graduation.

Corporate Immigration: Sponsor Licences for London Employers

If you are a UK business looking to hire from overseas, you cannot utilize the Points-Based System without first obtaining a Sponsor Licence. We are leading Sponsor licence solicitors London, assisting start-ups, SMEs, and multinational corporations with:

• Applying for and securing a Sponsor Licence.
• Issuing Certificates of Sponsorship (CoS) (Defined and Undefined).
• Ensuring full compliance with Home Office auditing, record-keeping, and reporting duties to prevent licence suspension or revocation.

Common Reasons for PBS Visa Refusals

The Home Office processes PBS applications with immense scrutiny. Common pitfalls include:

• Incorrect SOC Codes: Employers accidentally choosing a job code that does not match the actual duties, leading the Home Office to suspect a "genuine vacancy" issue.
• Financial Evidence Errors: Failing to hold maintenance funds in a regulated bank account for the strict 28-day period.
• Salary Miscalculations: Not accounting for the newly increased £38,700 threshold or calculating the "going rate" incorrectly based on weekly working hours.

Appealing a Points-Based System Refusal

If your application has been rejected, you need a specialized PBS refusal appeal lawyer immediately. While traditional appeals are often restricted under the PBS, we can aggressively challenge incorrect Home Office decisions through an Administrative Review (AR) if a caseworker made a point-calculation error, or via Pre-Action Protocol (PAP) and Judicial Review for more complex legal errors.

Frequently Asked Questions (FAQs)