The UK Border Agency (UKBA) has issued revised guidance documents for employers and education providers holding sponsor licenses under the country’s points-based immigration system. The revised guidance documents provide information for sponsors under Tiers 2, 4 and 5, and may be downloaded from the UKBA website.
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As this blog previously noted, as of January 6, 2010, the UK Border Agency (UKBA) has started issuing identity cards to skilled foreign workers and their dependents. The identity card confirms the holder's identity, nationality, and immigration status in the UK, and also indicates whether the holder is authorized to work or study under the country’s points-based immigration system.
In November 2008, the UKBA started issuing identity cards to various non-European foreign nationals living in the UK, and in December 2009 it introduced voluntary identification cards for British, European Economic Area and Swiss nationals.
The Daily Telegraph reports a significant increase in the number of foreign workers employed in the UK via intra company transfers under Tier 2 of the country’s points-based immigration system. In 2008, more than 48,000 intra-company transfer applications were filed; approximately 30,000 concerned foreign IT workers. In total, over 35,000 foreign IT workers entered the UK that year – three times the amount that entered during the height of the dot com boom in 2000.
The intra-company transfer scheme allows an employer to transfer to the UK its foreign-based staff who have at least six months’ knowledge-specific company experience. Unlike the points-based system’s other schemes, the employer is not required to first advertise the position to British workers. Transferred workers are permitted to work full-time in the UK for up to three years and may work up to 20 hours in supplementary employment in the same profession. After three years, these employees may apply for a two-year extension and, after five years in the UK, they may apply for permanent residency.
Critics warn that these intra-company transfers damage the UK’s economy and worsen the plight of British workers. Some contend that IT companies pay their foreign workers less than market wages.
Responding to these criticisms, the UK Border Agency stated that:
A master’s degree will no longer be required for highly skilled workers seeking employment in the UK under Tier 1 of its points-based immigration system, according to the Financial Times. The move came in response to strong lobbying by business interests, who argued that the restrictions blocked access to the best talent as the UK tries to emerge from the global recession.
However, to counter allegations that the change will make migration too easy, salary requirements will be increased and applicants must demonstrate that they previously earned:
There is no degree requirement for individuals who have earned more than £150,000 (approximately $240,000 USD) per year.
Image credit: wagner51
The UK Border Agency announced that the Migration Advisory Committee (MAC) has completed its review of Tier 1 of the UK’s points-based immigration system. The MAC report recommends that:
The MAC continues to favor permitting migrants to work in the country after completing a UK course of study, but recommends reconsidering whether all courses and institutions should continue to be treated equally.
A decision whether to implement the recommendations is expected in early 2010. MAC’s previous recommendations concerning Tier 2’s advertising requirements were recently instituted.
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Starting November 30, 2009, the UK Border Agency will fingerprint all foreign nationals entering the country with biometric UK visas, entry clearances and identity cards. This initiative is aimed at improving security and securing UK ports-of-entry and borders. On arrival in the UK, border control will perform regular immigration checks on all foreign nationals seeking admission to the UK and then capture their fingerprints to verify that they match the fingerprints given when the foreign national started the process abroad. This added security measure by UK authorities will stop individuals from cheating the system by having someone else complete biometrics abroad so that possible bars to admission, such as a criminal conviction, are not picked up during the biometrics process.
Employers should also be aware of another UK immigration law development. As reported earlier on this blog, starting December 14, 2009, the resident labor market test for Tier 2 of the points-based system will be extended to four weeks for all jobs. This will replace the current requirement to advertise jobs for two weeks, or one week for jobs where the salary is £40,000 or more. Employers should understand that the increased recruitment period will delay Tier 2 applications by at least 2-3 weeks, and that any transfers to the UK under this program should be adjusted accordingly.
This entry was written by Ian Macdonald.
Responding to proposals by the Migration Advisory Committee, the UK Border Agency (UKBA) has announced that before employers may hire migrant workers for a job under Tier 2 of the points-based system, they must advertise the position for four weeks. Previously, the test required two weeks of advertising, or one week’s advertising for jobs with salaries of £40,000 or more. The change is intended to better support British nationals looking for skilled jobs as the country comes out of the economic downturn.
The change will take effect December 14, 2009. To provide flexibility to employers, the four weeks of advertising will not need to run continuously. Employers that have already advertised positions need not re-advertise to meet the requirement.
Updated guidance for Tier 2 sponsors will be provided on UKBA’s website on December 14.
The UK Border Agency unveiled updated guidance notes for Tiers 1, 2 and 5 of its points-based immigration system. Significant changes include:
Additionally, new versions of the following application forms took effect on October 1:
The UK Border Agency announced it is three months ahead of schedule in issuing identity cards to skilled migrants renewing their visas. Issuance of identity cards to Tier 2 skilled workers will begin January 2010, which will add 30,000 foreign nationals per year to the list of individuals assigned identity cards. Ninety thousand cards have been issued to date, mainly to students under Tier 4 and to individuals renewing marriage visas.
To provide foreign nationals with alternate and more accessible venues for submitting fingerprints, these services will be made available, on a trial basis, at 17 Crown post offices, beginning October 2009. Applicants must pay a fee of £8 if they choose this option (by contrast, no fee is required when submitting fingerprints at a UK Border Agency or Identity & Passport Service Office).
Identity cards for skilled migrants and temporary workers under Tiers 1 and 5, originally scheduled to commence in 2011, will begin in 2010.
The UK Border Agency confirmed that, beginning October 5, 2009, Tier 4 education sponsors can enter phase 3, a voluntary trial period under the UK’s points-based immigration system. During the trial period, sponsors are permitted to issue potential students visa letters while transitioning to using the sponsorship system to issue confirmations of acceptance for studies.
From October 5, 2009, to February 2010, sponsors can issue confirmations, visa letters, or both to potential students applying from within the United Kingdom. Applicants from outside the United Kingdom will still have to apply with a visa letter until February 2010.
Confirmations of acceptance for studies will become mandatory in February 2010.
Financial Times reports that lobbying efforts by lawyers and businesses led to a relaxation of the UK’s points-based immigration system posting requirement. British companies seeking to fill senior-level positions with salaries over £130,000 no longer are required to advertise the positions in local Jobcentres. However, companies must continue to advertise via other UK media.
In addition, the Migration Advisory Committee (MAC), which oversees the points-based system, declined to ban intra-company transfers in which businesses bring in overseas staff. Unions had pushed for a ban, but officials believed that preventing foreign companies from relocating staff to the UK would negatively impact investment in Britain.
Rules for the points-based system are being tightened in other respects. The MAC recently recommended that the required posting period for jobs with salaries above £40,000 be increased fourfold, from one week to four weeks. Also, starting salaries of skilled non-EU workers without formal qualifications must be at least £32,000, up from £24,000; for qualified workers the starting salary increased from £17,000 to £20,000. Although the number of skilled non-EU workers coming to the UK has decreased recently, the new changes are expected to produce a further 10% cut.
The Financial Times reports that United Kingdom-based companies fear the points-based immigration system is negatively impacting their ability to compete. They complain that the rules have made it increasingly difficult to recruit, hire and train applicants and employees from outside Britain and that the system is flawed.
Problems have persisted since the system was introduced last year. Although designed to provide “British jobs for British workers,” the policy has frustrated companies in Britain. The requirement that businesses looking to fill high-level executive roles must post positions at local job centers, coupled with the inflexibility of visa examiners concerning application mistakes, has hampered recruitment efforts. Moreover, companies have found compliance difficult because the rules are constantly changing.
Government officials counter that 90% of applications from outside the UK are processed within three weeks. The Home Office is advising its visa case workers to be more flexible when examining applications. Most recently, the UK granted an exemption to candidates from colleges such as Harvard and Stanford, allowing them to participate in annual graduate recruitment drives until August.
The UK Border Agency (UKBA) has announced several changes to its points-based system. Changes include (PDF):
In addition, the UKBA has updated information it provides to employers wishing to sponsor foreign employees for a Tier 2, 4 or 5 visa. The 191-page packet (PDF) can be downloaded at UK Border Agency’s website.
Effective March 31, 2009, the United Kingdom’s immigration rules covering highly skilled migrant workers have changed, raising the requirements of two categories in Tier 1 of the points-based system. Following the change, anyone applying for permission to enter the UK in the Tier 1 (General) category for the first time, or who applies to switch into the Tier 1 (General) category from another category, will need to have a Master's degree and a minimum salary of £20,000 to score points for qualifications and earnings respectively. Migrants applying to extend their permission to stay under Tier 1 (General) will not be affected by the changes.
The Tier 1 (Post-Study Work) category has also changed. Anyone applying in this category will not be awarded points for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education (or PGDEs in Scotland only).
New versions of the Tier 1 (General) and Tier 1 (Post-Study Work) application forms, as well as revised guidance for applicants in these categories, are available on the UK Border Agency website.
As of April 6, the UK Border Agency is extending the range of applications that can be made in person at their public enquiry offices. Applicants will be able to use the “premium service” at the public enquiry offices if they are applying under specified categories of Tiers 1, 2 and 5 of the points-based system. The Agency began setting appointments for the affected categories on March 2.
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