Caring Business meeting Points Based System

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Caring Business meetingPoints Based System

• Andy Honeyman, Managed Migration Policy
• 7 November 2007

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We are radically re-designing the UK immigration
system

• Points Based System greater transparency,
  objectivity and consistency, single decision made
  overseas
• 5-Tier system to replace 80 routes to work and
  study
• Sponsorship Border Immigration Agency sharing
  responsibility with those benefiting from
  migration, and making it easier for good sponsors
  to bring in migrants
• MAC and Migration Impacts Forum (MIF) to provide
  independent advice

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Points Based System the benefits

• For migrants more certainty about outcome of
  decisions
• For good sponsors a light touch approach from
  the Border and Immigration Agency
• For the public greater clarity about whom we let
  in and why
• For the Government improved system helps bring
  in those with necessary skills. Can adjust points
  as necessary to raise or lower the bar

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Points and Structured Decision-making

• Applicants can self-assess against the
  descriptors on-line, before going through with
  cost of application
• Told what supporting evidence is required
• ECOs and caseworkers then validate application
• Admin review in cases where may be factual error

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Current system

• Highly Skilled Migrant Programme points based,
  launched 2002 new criteria (December 2006) based
  on internal analysis of what predicts success in
  the labour market
• Work Permits skilled (NVQ3), shortage
  occupation or resident labour market test, job
  offer
• Sector Based Schemes pilots launched in 2003,
  20,000 people in total, designed to fill specific
  gaps
• Students can work 20 hours per week and
  full-time in holidays
• Other schemes including working holiday makers
  and voluntary workers

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A single coherent system divided into five Tiers

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Tier 2 Skilled Workers

• Tier 2 is aimed at attracting skilled individuals
  to the UK to fill a particular job which cannot
  be filled within the European Economic Area.
• By filling this job they will contribute to
  growth and productivity of the UK.
• Skilled workers with a job offer
• Employer-led applicant needs a job offer from a
  sponsor in the UK
• Points for qualifications, prospective earnings
  and passing Resident Labour Market Test (RLMT)

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Tier 2 continued

• Applicant must show RLMT passed unless either
  job is in a shortage occupation or its an
  Intra Company Transfer or salary above 40k
  threshold
• Leave linked to length of contract
• Initial leave for 3 years - settlement possible
  after 5 years
• Job must be at NVQ3 skill level or above
• English required to Council of Europe level B2
  (IELTS level 5.5)

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Resident Labour Market Test

• Measure to protect domestic labour force
• Jobs will need to be advertised for at least two
  weeks there will be sector-based lists of
  suitable advertising media
• Migrant can be brought in if no suitable worker
  from EEA
• Test to include going rate salary check
• Threshold above which RLMT not required likely
  to be set around 40k

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Possible Tier 2 attributes table pass mark 50
points
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Tier 2 Intra Company Transfers

• 6 months prior employment with company
• NVQ3 or above
• Salary appropriate to the UK
• English at Council of Europe level B2
• Dropping subjective criterion in current system
  requirement for company specific skills or
  experience
• Increased compliance on appropriate salary

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Migration Advisory Committee (MAC)

• MAC will be an independent body giving Government
  evidence-based advice on labour market and
  migration
• It will advise on what the shortage occupations
  will be for Tier 2. For these occupations
  employers will be able to bring in migrants
  without having to meet points including market
  test criteria
• It will also advise on what if any Tier 3 schemes
  there should be for low-skilled employment
• Government may also ask the MAC other migration
  questions from time to time

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MAC Establishment

• Chair announced 11 September Professor David
  Metcalf, LSE
• Other members to be announced shortly including
  one from Sector Skills Development Agency
  Secretariat in post
• Supported by national stakeholder forum
• Will also put in place other arrangements to
  consult employers and other stakeholders
• To be fully operational by April 2008

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Tier 3 low-skilled workers

• Tier 3 schemes will be quota-based, operator-led,
  time-limited, subject to review, and only from
  countries with which the UK has effective returns
  arrangements
• Tier 3 schemes will only be considered once
  restrictions on the labour market access of
  Romanian and Bulgarian nationals have been
  abolished
• Look to UK and EEA workforce for low-skilled
  labour
• Must look to EEA while restrictions on A2
  nationals in place, ie until at least end 2008
• Possible schemes in future if labour shortage
  identified
• Quota-based and operator led
• Maximum 12 months stay

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Control Tests

• Apply across PBS except no sponsor needed under
  Tier 1
• Certificate of sponsorship issued by sponsor
  asserting that the applicant intends and is able
  to do the job/studies
• Funds applicant must demonstrate sufficient
  funds to ensure they will not draw on public
  funds
• Immigration history/general grounds for refusal

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Transition to PBS

• Transition issues currently being considered
• Will seek to learn lessons from introduction of
  HSMP changes
• Once PBS introduced, will be clear that points
  and other criteria may go up or down

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The Certificate of Sponsorship

• Policy on sponsorship those who benefit from
  migration should help in maintaining integrity of
  the control
• Every applicant, except in Tier 1, to produce
  valid certificate of sponsorship
• Acts as a proxy for intention and ability to do
  job
• Leave tied to sponsor
• Certificate will be electronic given as a
  reference number- which will be quoted by
  applicant

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Role of Sponsors

• In order to issue certificates, institutions will
  need to be on list of licensed sponsors
• Certain minimum requirements will have to be met
• Bona fide establishment
• Information required based on that currently used
  for work permits, including registration with
  HMRC and audited accounts/annual reports
• Registered with appropriate authorities
• Accepted certain responsibilities e.g.
  reporting no shows and those who go missing
• Sponsors rated according to their track record
  and policies

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Sponsorship duties

• Sponsor to report migrant failing to turn up for
  beginning of work/study/engagement
• Report any prolonged and unauthorised absence
• Report discontinuation of work/study
• Report substantive changes in sponsors
  circumstances eg merger, takeover
• Allow access to BIA account management/compliance
  teams
• Provide most recent contact details for the
  migrant to BIA on request
• B-rated sponsors may have additional obligations
  as part of action plan

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Sponsorship ratings

• Ratings to be made public
• Most sponsors will be rated A most of the time
• New sponsors will normally be rated A
• B rating will be transitional. B-rated sponsors
  will agree time-bound action plan with Account
  Managers

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Sponsorship ratings criteria

• Timely reporting of information as required under
  sponsor obligations
• Review of procedures when migrant breaks terms of
  leave
• Successful prosecutions for offences including
  health and safety, VAT fraud can lead to B-rating
• Employer receives civil penalty under new
  legislation will lead to B-rating

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Withdrawal of licence

• Sponsorship licence normally withdrawn when fraud
  or serious non-compliance found, but will be
  flexibility to allow for eg a sponsor which has
  put its house in order
• Licence will normally be withdrawn when
  organisation or key person is convicted of
  serious immigration offence
• Licence normally withdrawn when sponsor fails to
  meet time-bound action plan but BIA has option
  of extending action plan in certain circumstances
  

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Renewals and re-applications for licences

• BIA to give 28 days warning of withdrawal of
  licence or down-grading, during which time
  sponsor can make representations
• No time limit for sponsors to re-apply for
  sponsor licence but they would need to show
  they had rectified failings which had led to
  de-registration
• Renew licence every 4 years

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Timescale for PBS implementation
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Statements of Intent

• We are going to issue Statements of Intent prior
  to the launch of the different stages of the
  Points Based System.
• This will allow people who may be affected by the
  changes to have time to prepare.
• The first Statements of Intent will be released
  towards the end of this year in preparation for
  the launch of Tier 1 and the opening of the
  sponsorship register.

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• Any questions?