Unanswered Questions:
The Government estimates that the new scheme will not be fully operational until 2008 at the earliest and it is clear that much more work is needed both on the new scheme and operational issues. The IT, staffing and training and even the space requirements required to ensure that the diplomatic posts abroad can deal efficiently with applications are considerable. Although the new system will be introduced piecemeal, a long period of teething problems is a virtual certainty.

In addition the current proposals fail to provide clearly (or in some cases at all) for different employment categories in particular:

• Many multinational companies use the Training and Work Experience (TWES) provisions for staff recruited abroad in countries where the company is present but who initially need to spend time in the UK gaining experience with the UK parent.




• The very useful multiple entry work permit designed for executives based abroad but who work in the UK for, say, one week per month is not catered for.




• Tier one as drafted, appears to exclude the likes of entrepreneurs with no formal qualifications. For example Bill Gates would not manage to qualify for entry!




• No mention is made in the new proposals for student internships.




• There is no clear indication as to how sponsors will be rated, how they will be audited or how they could lose their ranking.

That change is afoot is indisputable and it is already occurring. Last week, for instance, the Government announced that with effect from April 3 2006, the qualifying period for obtaining indefinite leave to remain in the UK (also known as “settlement”) would increase from four years to five. What remains to be seen is whether the new proposals work in practice and whether the all-important needs of business for a fast, efficient and certain system will be met.

Caron Pope, Partner & Head of the Business Immigration Group, Reed Smith UK can be contacted on cpope@reedsmith.com