Reed Smith explain the new rules, effective as of 7 March 2006, governing business immigration.
On 7 March 2006 the Government unveiled further detail on its proposals to overhaul the UK immigration rules which been in force for over 20 years. The contents of the command paper entitled “A Points Based System: Making Migration Work for Britain” are indeed radical but also leave many questions unanswered.
Out go the old favourites – work permits, highly skilled migrants, training and work experience permits, investors as well as a host of other categories.
In comes a points based system, employer certificates of sponsorship and a shift away from processing applications in the UK to applicants applying direct to British diplomatic posts abroad.
The new system
The tiers
At the heart of the proposals is a five tier framework. Under the new system, which is intended to simplify procedures and award points according to objective and transparent criteria, individuals wishing to come to the UK to work or study will need to score sufficient points under one of the following tiers:
Tier one: Highly skilled individuals – this will include current highly skilled migrants, investors, and entrepreneurs. Tier one (which effectively replaces the HSMP category) will enable highly skilled migrants to apply to come to the UK with or without a job offer. They will be awarded points for academic qualifications, previous earnings, and age (if under 32). It will also contain an enterprise category for other classes of applicants although no detail on this part of the scheme is available.
Tier two: This category will largely replace the current work permit scheme and will enable employers to recruit overseas nationals in shortage and non-shortage occupations for both new hires and intra-company transfers. At the heart of Tier two is the concept of sponsorship (which will also apply to Tiers three, four and five).
Tier three: Low skilled temporary workers to fill specific labour shortages.
Tier four: Students.
Tier five: Youth mobility and temporary workers.
Sponsorship:
All Tier two to give applicants will need to provide a certificate of sponsorship with their application. The certificate will act as an assurance that the applicant is able to do the particular job (or for students, that they are able to undertake the course).
Employers will be rated as either an A-rated or a B-rated sponsor depending on their track record or policies in sponsoring migrants. A sponsor’s rating will determine whether applicants receive more or fewer points for their certificate and “A” ranked sponsors can expect a “light touch” on their applications.
New sponsors (for example new UK companies) will be assessed by the Home Office in Sheffield on a case by case basis. In high risk cases, financial security may be requested from sponsors.
Sponsorship will bring additional reporting requirements and compliance checks for employers who will be required to monitor and keep track of their employees and notify the authorities if they leave their employment.
In addition to the new concept of sponsorship, the proposals also now contain an english language requirement for both Tier one and two. However, as yet, there is no indication as to how or at what level english language will be assessed.
