• FIVE-YEAR STRATEGY FOR IMMIGRATION – 7 February 2005

    The Home Secretary today announced the details of the government’s proposed five-year strategy for asylum and immigration.

    A Home Office document, ‘Controlling our borders: making migration work for Britain’, sets out a wide ranging plan to redefine many of the key aspects of the immigration system, including the work permit scheme and the highly skilled migrant programme. 

    Key changes will include:

    A new points system for people applying for work or study in the UK.  The scheme will consist of four new tiers: highly skilled, skilled, low skilled and student/specialist.  Points will be adjusted to respond to changes in the labour market.  An independent labour market advisory group will be set up.

    There will be no automatic right to stay in the UK for lower skilled workers and students.  Skilled workers will be able to apply for indefinite leave to remain after five years (an increase on the current four) and they will be required to speak and write English.

    The government aims to end chain migration by limiting family migration.  There will be an end to the practice whereby those who have settled in the UK can bring in dependants who can then bring in further family members in their own right.

    New illegal working provisions will require employers to ensure that migrants comply with the rules of their entry to the UK and return home at the end of their stay.  As part of the drive against illegal working, the government will also introduce £2,000 fixed penalty fines for employers for each illegal worker.
    Employing overseas nationals

    The new immigration system will combine all the current work permit schemes, the HSMP programme and the student rules into a single points based system so that there will no longer be a range of routes with specific criteria for each.  The scheme will have four tiers:

    Tier 1 (highly skilled) – overseas nationals will be permitted to come to the UK without a job offer.  Their permit will be based on their qualifications, work experience and current salary.  People qualifying in the skills shortage categories will receive extra points.

    Tier 2 (skilled) – those with the equivalent of three ‘A’ levels will be able to come into the UK if they have a job offer in a shortage area and where an employer cannot find the skills they require within the UK or EU.  This tier will include nurses, teachers and administrators.

    Tier 3 (low skilled) – where needs are identified in the agricultural, food processing and hospitality sectors or other such sectors, low skilled short term work permits will be available.

    Tier 4 (students and specialists) – this tier will bring together students and a range of schemes where there is no significant issue of competition with the domestic labour force and will include visiting workers currently entering the United Kingdom under the Training and Work Experience scheme category.

    Today’s announcement is a policy document and it sets out an overall strategy and approach to immigration control for the next five years.  A period of consultation will follow and detailed changes to the immigration rules, employment criteria and visa application processes will not be published or come into effect until some time after the next general election.

    A separate ministerial announcement has been made in respect of the working holidaymaker scheme. These changes will have immediate effect (please see separate briefing).

    For further information regarding UK immigration laws and procedures please contact Magrath LLP.

    Magrath LLP, Solicitors
    52/54 Maddox Street
    London
    W1S 1PA

    Tel: 020 7495 3003 / Fax: 020 7409 1745

    E-mail: Magrath@magrath.co.uk

    Website: www.magrath.co.uk

    Contacts: Chris Magrath/Sharmila Mehta/Ben Sheldrick/Julia Jackson/ Julie Speed/Christine Pepper/ Delphine Dervin/
    Alison Kelso/Lisa Monaghan-O’Connor/Tracey Morgan

    © Copyright Magrath LLP, Solicitors 2005