Immigration Update – Tier2 of the Points Based System (PBS)
27 January 2010
Following
recent recommendations
made by Migration Advisory Committee to UK Border Agency, a number of
changes are to come into place which will significantly impact UK
employers who sponsor applicants under Tier 2 of the Points Based
System.
The UK Border Agency (UKBA) published its 15 December 2009 guidance clarifying immigration requirements and protocols for British companies that sponsor foreign workers that are subject restructuring exercises such as mergers and demergers, or an outright takeover that directly affects the sponsoring company’s UK operations.
From early 2010 skilled migrant workers and their dependants will receive an identity card for foreign nationals when they successfully apply to extend their stay in the UK under Tier 2 of the points-based system. All Tier 2 applications made inside the UK on or after 6 January 2010 will involve the enrolment of the applicant's biometric information (fingerprints and photograph).
Tier 2 – Intra-Company Transfer – Changing Criteria
08 December 2009
The Home Office has responded to claims that the Tier 2 (Intra company transfer) category of the points-based system is providing a loophole for Indian IT companies to bring foreign workers into the UK.
The independent Migration Advisory Committee (MAC) recently completed a review of Tier 1 to establish whether the qualifying criteria should be amended in 2010/2011 to reflect changing economic circumstances. The MAC report published on 4 December 2009 says that Tier 1 is operating well but that the following changes should be considered:
the salary multipliers, which are used to convert previous earnings outside the UK into a UK equivalent, should be rapidly and thoroughly reviewed;
migrants with a bachelor's degree but no master's degree should be allowed to come to the UK under Tier 1 (General), if their previous earnings are high enough;
professional qualifications (in law and accountancy, for example) should be considered as equal to a master's degree;
the pay threshold should be substantially increased, with no points for previous annual earnings below £24,000;
migrants with previous annual earnings of at least £150,000 should not need to meet the educational qualification requirements;
applicants should receive points for their age if they are 39 or under; and
successful applicants should initially be allowed to come to the UK for two years, rather than three as at present, with a three-year extension later if they are in highly skilled employment.
In response to the MAC report, Border and Immigration Minister Phil Woolas said:
'The MAC has delivered a robust and thorough report, and the government will consider it carefully over the coming weeks.The points-based system is a powerful and flexible tool which means that businesses can recruit the skilled foreign workers that the economy needs, but not at the expense of British workers, nor as a cheaper alternative to investing in the skills of the existing workforce.’
The government will announce whether it accepts MAC’s recommendations early next year – watch this space!
Immigration Update: The Prime Minister, the Rt Hon Gordon Brown MP, has set out the case for the United Kingdom's tough but fair immigration system in a speech in west London. In his first major speech on migration since February 2008, the Prime Minister focused on the importance of getting British workers rather than migrant workers to fill skills gaps where possible.
He also announced a review of student visas, to clamp down on people applying to study in the United Kingdom with the intention of working illegally when they get here.
The Borders, Citizenship and Immigration Bill is currently being considered in Parliament. Within the Bill, the Government is planning to make changes to British nationality law.
It is perhaps not surprising that the UK Border Agency whose job it is to enforce the UKimmigration laws has turned down the idea of an immigration amnesty.
On
17 June 2009 the UKBA responded to the new report published by the
London School of Economics. The report suggested that an amnesty for
illegal migrants would benefit the United Kingdom economy by £3 billion.
The UK Border Agency has put arrangements in place for migrants covered by the judgment of 6 April 2009 in the judicial review brought by the HSMP Forum Ltd.
The judgment relates to the 'continuous residence' requirements to gain indefinite leave to remain in the UK; also known as settlement or permanent residence.
You
are covered by the judgment if you received an HSMP approval letter on
the basis of an application made before 7 November 2006, and you
obtained entry clearance or permission to stay in the United Kingdom on the basis of that letter.
The number of skilled jobs open to immigrants from outside the EU should be cut by 270,000 because of the recession and rising unemployment, the Government's official advisers recommended yesterday.
The posts of quantity surveyor and construction manager are to be taken off an official list of occupations with a recruitment problem that allows employers to hire from outside the EU. The Government's Migration Advisory Committee also urged ministers to remove all social workers, apart from those working with children and families, from the list.
David Metcalf, Professor of Industrial Relations at the London School of Economics and chairman of the Migration Advisory Committee, said that a planned partial review of the shortage list had been more extensive 'because we had to respond to the troubled times and economic turmoil in the labour market'.
He said: 'These recommendations have taken account of the impact of the worldwide recession on the UK. The number of jobs covered by the shortage list falls from 800,000 to 530,000 as a result of yesterday's report.
Only a fraction of the jobs will be taken by immigrants, but because they are skills where there are shortages, employers are allowed under the new immigration system to recruit from outside the EU
Following the decisive vote in the House of Commons the Gurkhas will now be able to settle in the UK.
Border and Immigration Minister Phil Woolas made the following statement to the House of Commons.
Mr Speaker, this Government respects the will of the House of Commons. As the Prime Minister said today, this Government took the first action to provide justice for the Gurkhas and enable them to settle in the United Kingdom.
Under this Government, the first ever rights of settlement for Gurkhas in Britain have been granted, and 6,000 of them have applied successfully to settle in this country.
We have also introduced equal pay and pensions for the Gurkhas-something that had not happened previously.
We doubled the pensions of people staying in Nepal and increased the overall pension for Gurkhas, especially those at a senior age.
The guidance we introduced last week will increase the number of Gurkhas eligible to come to this country by 4,000 or, including families, about 10,000 people.
The Shortage Occupation List was created to recognise a skills gap in the UK labour force which would allow UK employers to employ overseas nationals without the need to undertake a local recruitment search.
The Migration Advisory Committee (MAC) today published the first review of the shortage occupation lists for skilled workers coming to the United Kingdom from outside the European Economic Area.
In the United Kingdom labour market, vacancy levels have fallen and unemployment and redundancies have risen sharply. The MAC has responded to the current economic climate by suspending quantity surveyors and managers in construction from the shortage occupation lists.
A 'loophole' in the immigration system which lets companies import non-EU staff into the UK without having to first advertise those jobs domestically should be closed.The Association of Professional Staffing Companies said employers must offer roles to the UK before they fill them with their overseas staff and that utilising the intra-company transfer category meant employers are not required to advertise vacancies in the UK if they choose their staff from the organisation's overseas offices to fill them, effectively bypassing UK workers.
Johnson backs campaign for 'leave to remain' immigrants
15 April 2009
The Strangers into Citizens campaign wants immigrants across the UK who have been in the country for four or more years to be admitted to a two-year pathway to full legal rights - "leave to remain" - during which they would work legally and demonstrate their contribution to UK economy and society.
Boris Johnson commissioned a study, conducted by the London School of Economics earlier this year.Its interim findings suggested that the number of "irregular residents" and their children in Britain at the end of 2007 was approximately 725,000.The LSE research found that between 57% and 75% of irregular residents in Britain live in London.
Johnson has argued that an earned amnesty in the capital would allow people currently in the city illegally to integrate and contribute more fully to society.
HSMP Forum, a not for profit organisation campaigning for interests of Skilled Migrants in UK, hailed a victory at UK High Court on April 6, 2009.The judgment directs British government to honour its original commitments made to participants of Highly Skilled Migrant Programme, whereby they may qualify for indefinite leave to remain on completion of four years in the UK. As a result of the recent judgement the UK Border Agency will be implementing the court's decision and permitting those eligible to apply for indefinite leave to remain in line with the regulations in place prior to April 2006.
Certificate of Approval applications has been suspended
09 April 2009
The fee for Certificate of Approval applications has been suspended. This means that individuals making an application for a Certificate of Approval on or after this date will not be required to pay the fee.
Government attempts to weed out bogus overseas student applications
31 March 2009
More than 400 colleges and schools have been refused permission to take overseas students under immigration controls designed to weed out bogus institutions and students.
Changes to the
Government's Immigration Rules have come into force today, raising the bar for
skilled and highly skilled migrants to come and work in the United Kingdom. The
changes have also extended the United Kingdom's points-based system for
migrants, which now covers students as well as workers from outside the
European Union.
New system to crack down on fraudulent foreign students government report
31 March 2009
A strict new system to crack down on bogus colleges and fraudulent applications from foreign students has so far screened out almost a quarter of applications from independent schools, colleges and universities, the Government revealed today.
Institutions have to register with the UK Border Agency before they are allowed to sponsor international students to come here under the student tier (tier 4) of Britain\'s tough new points-based system.
The requirements for Tier 1 changed today, candidates must now demonstrate earnings in excess of £20,000 and an academic qualification at Masters degree level or higher to score points for earnings and qualifications.
Yesterday Parliament approved regulations allowing the UK Border Agency to expand the identity cards scheme from 31 March to several categories of immigration applicants from outside the European Economic Area (EEA).
