A POINTS BASED SYSTEM: MAKING MIGRATION WORK FOR BRITAIN – a brief summary

The Government has set out proposals for a new points-based approach to managing the flow of migrants coming to the UK to work or study. The Command Paper entitled ‘A Points Based System: Making Migration Work for Britain,’ forms part of a five-year strategy for asylum and immigration.

The current system is considered very complex and the Government is attempting to simplify the Immigration rules, whilst ensuring that any new scheme will be comprehensive enough to correctly identify and attract migrants who are able to contribute positively to the UK.

It is proposed that the new system will be a point-based system with five separate Tiers. Applicants can apply in the category that is most appropriate to them. Below is a summary of the 5 different Tiers:

Tier 1: Highly skilled individuals to contribute to growth & productivity

Tier 1 will effectively replace the current Highly Skilled Migrant Programme (HSMP).

Applicants in this category will not need a job offer or a sponsor, and would have unrestricted access to the labour market. To qualify in this tier, the applicant will need to score at least 75 points in accordance with table 1. (See table 1)

Tier 2: Medium and high skilled workers

The vast majority of migrants coming to the UK are likely to fall within this Tier. Tier 2 will include skilled workers who have received a job offer from a UK-based employer. The employer must be registered with the Home Office in order to be placed on the list of approved sponsors.

Employers will need to issue certificates of sponsorship to the migrant, which will act as an assurance from the sponsor that the migrant intends to and is able to do the job. The salary must also be appropriate for the UK to ensure that this system is not abused and used as a way of bringing in cheap labour from abroad. The job being offered must be at NVQ3 skill level or above.

The job being offered will either need to be in an occupation, which has been identified as a shortage by the Skills Advisory Body or, the employer will need to demonstrate that the applicant is not displacing a worker in the domestic UK and EU labour markets. For jobs that have not been identified as a shortage, points will be used to ensure that the applicants have the appropriate combination of skills and prospective salary.

Workers within Tier 2 will be able to change employers within the UK but will be need to be re-assessed against the points test and will have to submit a certificate of sponsorship from the new employer. The pass mark in this Tier is 50 points. (See table 2)

This Tier will also provide a route to settlement. The migrant can apply for settlement once they have a minimum of 5 years residence in the UK.

Applicants within this Tier will be able to bring their dependants to the UK and will be able to switch to Tier 1, if they meet the points required.

Intra-Company Transferees

Employers wishing to send their employees to their company base in the UK can do so under Tier 2. In order to qualify, the employee must have at least 6 months employment with the company. The role must also be at NVQ3 level or above and pay a salary appropriate to the UK. In addition, the employer must demonstrate that the role requires company specific skills and/or experience that cannot be found within the UK labour market.

Tier 3: Low-skilled migration

The Government plans to phase out low-skilled migration in response to the number of workers available from the newly enlarged EU.

It has been proposed that the new system in respect of low-skilled workers will be quota-based, operator-led, time-limited, subject to review, and only from countries with which the UK has effective return arrangements.

Tier 4: Students

Students will need to meet a set of criteria (see table 3) to see whether or not they will have sufficient points to be granted leave to enter and remain in the UK.

The criteria will include; a valid certificate of sponsorship from an educational institution at which the student has been offered and accepted, a place on a course of study. The certificate of sponsorship will act as an assurance from the sponsor that the student intends to and is able to follow the relevant course of study. As part of their sponsorship duties, educational institutions will be required to report non-enrolment or discontinuation of studies by any student they sponsor.

The period of leave granted will be dependent on the length of the specified course. A reasonable period of time to wind up their affairs and attend graduation ceremonies will also be granted in addition to the length of the course of study.

Most students (over the age of 16) will be able to bring in their dependants and work part-time for the duration of their studies.

Tier 5: Youth mobility and temporary workers

Tier 5 will effectively replace the Working Holidaymaker scheme, BUNAC and the au pair placements scheme.

This Tier will allow nationals aged 18-30, from participating countries to come to the UK for up to 24 months, after which time they will have to leave the UK. Participants will be restricted to working for a maximum of 12 months out of the total of 24. They will not be allowed to be self-employed or play professional sports.

Those entering under this Tier will not be able to bring in dependants and will not be able to switch to another any other Tier.

Implementation

Subject to further clarification and refinement, the new system is likely to be introduced in a phased manner Tier by Tier. Tests and pilot schemes will be conducted before any firm implementation dates are officially announced. For now, the current schemes and provisions under the Immigration Rules remain unchanged.