• Insights

An Australian Style Points Based System in the UK?

June 2, 2016

Marco Deutsch

Countries / Territories

  • 🌐

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sheffield
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sheffield
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sheffield
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Chris Spentzaris

As was always inevitable, the need to control migration is proving to be a key line of attack for the people arguing the UK should leave the European Union (EU), ahead of the 23 June referendum.

The Leave campaign, those who want us out of the EU, argue that staying in and maintaining free movement of EU nationals will mean the UK’s population could raise by as much as 5,000,000 by 2030, a figure that their opponents dispute.

It isn’t for me to comment on the veracity of that figure but I am struck by their solution. Michael Gove, Boris Johnson, and their friends in the Leave campaign have set out their plans for a fairer, more humane immigration system.  A system that would do more for the economy if, as they hope, the UK leaves the European Union.

Their solution? By convincing the UK public to leave the EU and introduce an Australian style Points Based System (PBS). I have to raise an eye brow because the UK has had a Points Based System since 2008. 

In fact, Liam Byrne, the Immigration Minister for the last Labour Government, even labelled it as Australian. In 2007 Byrne told an audience in Sidney that “a new Australian-style points based system will be simpler, clearer and easier to enforce. Crucially it will give us the best way of letting in only those people who have something to offer Britain.”

So, if the policy already exists, what would change? I asked Chris Spentzaris, a Partner in our Melbourne office, to tell me more.

The Australian system

IR: To begin with, who is the Australian system targeting?

CS: Basically the people we need.  Australia's General Skilled Migration (GSM) program is available to skilled migrants who have skills in particular occupations and other attributes that will contribute to the Australian economy.

Those skilled people normally apply independently or under the nomination of a state or territory government. In Melbourne we also see a reasonable number of people apply for sponsorship by via an eligible relative living in a designated area of Australia. Unlike the UK you do not need sponsorship from an employer, meaning you can find a job when you arrive.

IR: How does it work in practice?

CS: First of our system allows prospective migrants to lodge an Expression of Interest (EOI) through the Department of Immigration and Border Protect (DIBP's) 'SkillSelect' system.  Their EOI sets out that they wish to apply for migration under the GSM category and why they think they meet certain key criteria. They must

  • be under 50 years of age at time invitation;
  • have at least 'competent' level of English;
  • plan to work in an occupation from the relevant skilled occupation list; and
  • have obtained a sufficiently positive skills assessment for their nominated occupation.
 
IR: So where does the points test come into it?
 
CS: Once you meet those base qualifying criteria you can take the test, so to speak.  Some of the criteria is repeated, for instance age and English language ability but the government also looks at overseas and/or Australian work experience, educational qualifications, Australian study, and even your partner’s skills.  Having a  State/Territory nomination will also go in your favour.

Helpfully you can trade off these requirements against one another.  Older applicants will be awarded less points for age than younger people, but that needn’t be a problem if they’ve studied in Australia or have a skilled husband or wife.

Can you do the same in the UK?

IR: Not anymore. The UK used to allow applicants to score points for earnings and qualifications.  Better paid people needed less academic achievements, just as those with a master or Ph.D. could still qualify despite being paid less than someone with a Bachelors Degree.

That all ended five years ago when the criteria was to all intents and purposes, replaced by a list. Points are now awarded for sponsorship and the salary paid. You can’t trade one off against the other, you need both.

IR: Is the points test the end of the story in Australia?

CS: Not at all. The points test gets you through the door, but only to join the queue.

The EOIs are sifted and grouped by occupation, with a ceiling on the number of places available for each job.  They are then ranked automatically based on the self-assessed scores to allow those prospective migrants with higher rankings to be invited ahead of other prospective migrants

That way we can ensure Australia doesn’t just get skills we need, we are able to pick the best people with those skills and control numbers.

IR: And does it work in practice?

CS: Believe me, I spend my life thinking about the visa system and there are plenty of things I would happily change.  But, all in all, the system works for employers, for migrants, and for the economy.  That isn’t to say there aren’t unwelcome surprises, but it isn’t a bad model to follow.

 

Countries / Territories

  • 🌐

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sheffield
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sheffield
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sheffield
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more
Generic Insights

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more
Generic Insights

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 10, 2026 | CanadaCanada: United Kingdom Added to CPTPP Work Permit Provisions
September 14, 2026 | AustraliaABC News: What Australia can learn from 165 years of migration data
September 14, 2026 | United StatesUnited States: DHS Optional Practical Training Fee Proposal Clears Federal Review
September 14, 2026 | United StatesUnited States: District Court Postpones Implementation of DHS Final Rule Eliminating Duration of Status for F, J, and I Nonimmigrants
September 11, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
September 10, 2026 | CanadaCanada: United Kingdom Added to CPTPP Work Permit Provisions
September 14, 2026 | AustraliaABC News: What Australia can learn from 165 years of migration data
September 14, 2026 | United StatesUnited States: DHS Optional Practical Training Fee Proposal Clears Federal Review
September 14, 2026 | United StatesUnited States: District Court Postpones Implementation of DHS Final Rule Eliminating Duration of Status for F, J, and I Nonimmigrants
September 11, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
September 10, 2026 | CanadaCanada: United Kingdom Added to CPTPP Work Permit Provisions
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.