New UK Points Based UK Migration System
IMPORTANT INFORMATION:
It is important to realise that the below is an overview of what is proposed. This proposal has not been confirmed as yet and, in any event, is not due to come into effect until early 2008 at the soonest.Those considering coming to the UK, especially those considering HSMP, should be aware that this new proposal does not affect them in any way at this time. As many individuals discovered to their cost when HSMP rules changed in November 2006, changes can mean that you no longer have the option that you were planning on using.
The potential involvement of Embassies in deciding applications has caused widespread concern. Many of our Consultants recall the delays encountered when applications were submitted at Embassies, even though it was still the Home Office who decided applications. Many of our Client's have had bad experiences when making applications at the Embassies. Embassies have no experience in dealing with work permit or HSMP applications and it is questionable as to whether all Embassies around the world can possibly deal correctly and efficiently with, for example, HSMP applications (Tier 1 under the new system). If applications become Embassy based then it will be more important than ever to ensure that you have your application represented by a UK authorised representative with many years experience to ensure that your application is not unfairly or incorrectly rejected. As always, using a UK company registered with the OISC gives you the reassurance that there is a regulatory body in place to protect your rights.
If you qualify for HSMP now, then we strongly recommend that you apply for HSMP now.
A new points based system to enable the UK to control migration more effectively, tackle abuse and identify the most talented workers was launched by the Home Secretary today.
Unveiling the Government's Command Paper on the points-based system for managed migration, the Home Secretary called on industry and education sectors to play their role in making migration work for Britain, and reminded them that they had a responsibility to help make the new scheme a success.
The points based system is a central part of the Government's five year strategy for asylum and immigration, which was published in February 2005, and is committed to a wide-ranging plan: to ensure that only those who benefit Britain can come here to work or study; to strengthen the UK's borders; to crack down on abuse and illegal immigration; and increase removals. Its implementation is a key Government priority.
The scheme will be complemented with a tougher approach from our own British embassies abroad to weed out false applications and will place increased obligations on UK businesses and universities who will now be required to sponsor migrants and help to ensure that those they sponsor adhere to the terms of their visa.
Key elements of the system include:
Consolidating more than 80 existing work and study routes into five tiers:
- tier 1 - highly skilled, e.g. scientists or entrepreneurs;
- tier 2 - skilled workers with a job offer, e.g. nurses, teachers, engineers;
- tier 3 - low skilled workers filling specific temporary labour shortages, e.g. construction workers for a particular project;
- tier 4 - students; and
- tier 5 - youth mobility and temporary workers, e.g. working holiday makers or musicians coming to play a concert.
The establishment of a Skills Advisory Body to identify these shortages;
Consolidating entry clearance and work permit applications into one transparent single-stage application;
A system of sponsorship by employers and educational institutions to ensure compliance;
Financial securities for specific categories where there has been evidence of abuse to ensure that migrants return home at the end of their stay; and
The ending of employment routes to the UK for low-skilled workers from outside the EU except in cases of short-term shortages.
Home Secretary Charles Clarke said:
"Managed migration is in the interest of the UK. Today's announcement sets out the Government's policy to deliver a firm but fair, simpler, more transparent and more rigorous system, which will benefit our economy and protect our borders.
"Crucially, it will allow us to ensure that only those people with the skills the UK needs come to this country while preventing those without these skills applying. Foreign workers or students will also in future need a UK sponsor to vouch for them, ensuring that businesses and colleges take responsibility for making sure foreign workers and students comply with visa rules.
"This new scheme fits alongside other activity being undertaking to tighten up our immigration procedures. We are implementing new technology through the e-borders programme to record simply and effectively details of passengers intending to enter or leave the UK before they begin their journey, and by the end of 2006 we will begin to require individuals applying for visas to be fingerprinted."
Proposals for a points-based system for managed migration are a key element of the Home Office's five year strategy for asylum and immigration 'Controlling our borders: making migration work for Britain' published in February 2005. The Government undertook an extensive consultation on the proposals between July and November 2005.
The system aims to ensure that only those migrants who benefit the UK - for example the highly-skilled such as surgeons or scientists or those who are coming to fill gaps in the labour market that cannot be met from the domestic workforce such as teachers and nurses, can come to work or study, while introducing new measures to ensure that migrants comply with their leave to remain and go home at the end of their stay.
The UK will benefit from increased economic and international competitiveness and cultural exchange.
Also included in today's announcement are decisions by:
- the Department of Health to end the existing immigration routes for postgraduate doctors and dentists, except for those people who have studied for their degrees in the UK. This reflects the flexibility of our managed migration systems to ensure we meet the needs of the UK labour market; and
- the Home Office to end existing low-skilled work routes including the Sectors Based Scheme and the Seasonal Agricultural Workers Scheme, again reflecting the fact that labour from the new EU Member States is now filling many vacancies in these areas.
"The publication of the Government's policy on managed migration is a step in a process to overhauling the UK's immigration system for workers and students. That work is ongoing and will not take effect overnight. A constructive dialogue has already been established between industry and Government, which will continue as the system is put in place."
