The Government has yesterday published a Statement of Intent for both of Tier 2 and Tier 5 of the new Points Based System for immigration ("PBS"). Although the Government reserves the right to change the detail, these anxiously awaited Statements of Intent set out the road map for how UK employers will be able to bring skilled workers and temporary workers to the UK under the PBS. The Government has announced these Statements as "strict new criteria" that will allow for "much tighter skilled and temporary worker migration" - indeed they estimate that a total of 20,000 fewer migrants will be allowed into the UK next year by applying this criteria. Whether the impact is significant for larger employers remains to be seen, as much replicates the existing work permit system albeit with the new burden of "sponsorship" being placed on the employer.
CMS Cameron McKenna will provide an in-depth analysis of both tiers, to enable employers to prepare for the launch of Tier 2 and Tier 5 in November 2008. In the interim, please see below for the headline details of each Tier:
Tier 2
- Tier 2 relates specifically to skilled workers, and will
replace the existing work permit and TWES work permit
arrangements.
- Tier 2 introduces a concept of a three year visa plus two
year extension, as opposed to the existing work permit scheme
allowing a full five years from entry.
- Points are available for qualifications (although
threshold can be met without any qualifications), salary and
for being either a) in a shortage occupation (as specified by
Migration Advisory Committee), b) intra-company transferees,
and c) where the role is advertised to resident labour force
- very similar to existing work permit scheme, albeit the
role will not need to be "graduate level" and the
Employer has to be licensed as a sponsor and follow the
compliance obligations imposed on sponsors.
- Key change for those on post-study, as can switch to tier
2 after 6 months employment without meeting resident labour
market test (RLMT). Also, key change for those changing
employment (role or employer) as will need to meet RLMT at
this stage. RLMT means advertising on JobCentre Plus or in a
medium identified in a "sector specific Code of
Practice" (to be published).
- A mandatory English language requirement has been
introduced, which does not exist in the work permit scheme.
This is at Council of Europe level A1 - the lowest assessable
level. For intra company transferees, there will be no
language test on entry to the UK - the test will occur only
if an extension is required after 3 years. Employers will
therefore have the opportunity to provide language training
in-country.
- A mandatory maintenance requirement has been introduced,
where migrants must provide documentary evidence of funds
sufficient to cover at least their first month in the UK
(£800) at the time of visa application - thus advances
to certain employees may be necessary.
- The Government estimates that 12% fewer skilled migrants
(work permit holders) will be allowed into Britain under
these new rules (20,000 fewer migrants per year in
conjunction with Tier 5).
Tier 5
- Tier 5 relates to temporary workers and youth mobility
schemes, and will replace the existing categories of working
holidaymakers, amongst others.
- This tier covers those travelling to work temporarily to
the UK e.g. individuals in a creative and sporting sector
entering the country for up to 12 months, charity workers,
those coming under Government authorised exchange scheme,
religious workers and overseas Government employees.
- Entertainers coming for permit free gigs or festivals
such as the Edinburgh Fringe will be assessed outside the PBS
under visitor visa rules.
- Cultural exchange category (based on principles of risk,
return and reciprocity), to enable young people to experience
life in the UK for up to two years as long as young UK
nationals enjoyed similar opportunities in participating
countries. This will mean that some countries, which have
typically provided high volumes of working holidaymakers will
be excluded, most notably South Africa, and any country,
which is on the visa national list due to, perceived
immigration risk.
- The Government estimates that 8% fewer temporary workers
will be allowed into Britain under these new rules.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 07/05/2008.