The UK Border Agency has published a statement of intent to help employers prepare for changes to the points-based system.

If your business wishes to employ overseas workers (other than those from the EU) then you will need to apply to the UK Border Agency (UKBA) for a licence to enable you to do so under the “Points Based System”.

Representatives of overseas businesses may apply for leave to enter with a view to establishing a commercial presence in the UK by operating a registered branch or wholly owned subsidiary company. Entry clearance will be granted for an initial period of three years, which may be extended for a further two years. Leave to enter or remain as the sole representative of an overseas business may lead to settlement after five years.

On 15 March 2012, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules.

This case gives some hope to work permit holders who might otherwise be caught out by the Home Office's sudden introduction of a new requirement to be paid a certain salary in order to secure indefinite leave to remain.

As part of the government's commitment to reviewing the immigration system, a consultation was launched last summer proposing reforms to employment-related settlement, Tier 5 and overseas domestic worker routes.

The UK Border Agency has made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications.