8 October 2007
The introduction of a new points based immigration system during 2008 will replace more than 80 existing routes of entry into the UK, including the Work Permit Scheme. This radical overhaul will also put more responsibility on employers, directly benefiting through the recruitment of migrant workers, to ensure the system is not abused.
These changes are part of the Government’s five year strategy for immigration and asylum, which was revealed in 2005, and aims to ensure that only those who benefit Britain can come here to work or study and are granted permanent residency. The changes do not affect nationals of member states of the European Union (EU) or the European Economic Area (EEA) who do not require a work permit and who are generally free to reside and take up employment in the UK.
Under the new system a worker from overseas will be required to submit an application to the Home Office which will be scored. For the application to be successful, a minimum number of points must be obtained according to the category under which entry is being sought. The relevant categories are:
- Tier 1: Highly skilled
- Tier 2: Skilled
- Tier 3: Low skilled
- Tier 4: Students
- Tier 5:Temporary workers (including working holiday makers)
Points will be awarded for attributes, such as aptitude, age and experience, and control factors such as funds, previous compliance with immigration conditions and, for some categories, English language ability. Some attributes and factors will be mandatory requirements, without which entry to the UK will be refused. Sponsorship by an employer (or educational establishment for a student) is compulsory for all applications in Tiers 2 -5. Sponsorship is not required for Tier 1 applicants who, provided they meet the eligibility criteria, will be allowed to come to the UK, as currently under the Highly Skilled Migrant Programme, for self employment opportunities or to seek employment.
It is most likely that the majority of workers for whom employers apply for a work permit will fall into Tier 2, which is expected to be implemented during the latter half of next year. Applicants must have a minimum standard of English and points will be awarded for qualifications, relevant work experience and according to their sponsorship for a job offer in an occupation where there is a skills shortage. To fulfil this criteria the job must be either on a selective list of occupations, to be identified by a new independent Skills Advisory Board, or have passed a Resident Labour Market Test, where the sponsor has demonstrated that the position could not be filled through available labour from the UK or EU. The Government is also proposing that Tier 2 will cover secondments (a.k.a. Intra –Corporate Transfers) for companies with offices overseas despite requests during the initial consultation that these be treated under Tier 5. The main concern is that workers in Tier 2 will be eligible to change employers within the UK, subject to making a new application with a new sponsor.
In order to sponsor migrants, employers will need to make an application to the Home Office who will carry out certain checks to ensure that the employer is competent and acting in good faith. For Tier 2 this will include verifying that the employer has a trading presence in the UK and is registered with the appropriate authorities. The employer must also accept certain responsibilities to help with immigration control. For example, sponsors will be required to inform the Home Office if a migrant fails to take up employment or has been absent for a prolonged period and must notify them when the employment is terminated. Sponsors must also notify the Home Office of any changes to their own circumstances such as a merger or takeover.
Once approved, the sponsor will be eligible to issue Certificates of Sponsorship to migrants in support of their application for entry. The Certificate of Sponsorship will, as a minimum, specify the job title and salary for monitoring purposes. The applicant will be awarded certain points according to the sponsor’s rating, which will be either A or B according to their track record and policies. Sponsors who conform with all their responsibilities and whose migrants are found regularly to comply with their immigration conditions, can expect to be rated A. Sponsors with a poorer track record, or who could do more to improve their procedures, will be rated B.
The Certificate will also act as an assurance from the sponsor to the Home Office that the applicant has the ability to do a particular job and is expected to comply with the conditions of any leave. Employers should therefore ensure that they are satisfied on these points during the recruitment process. Sponsors who are subsequently found to be failing in their responsibilities, or who are suspected of large scale non-compliance or fraud, will be removed from the list of approved sponsors and could face prosecution.
The Government promises this new approach will be of benefit to employers by reducing the amount of time and documentation currently required. The process for applicants will be simpler and before making an application they will be able to take an online Self Assessment to determine if they have enough points to qualify. By discussing these scores with prospective employees, before issuing a certificate, employers can be more certain of the outcome. So, at the very least, a layer of speculation should be removed!