Immigration update
Fiona Daffern
HR User Group Meeting
23 March 2011
Why changes?
• The Government’s manifesto stated its intention to reduce
net immigration levels significantly from ‘hundreds of
thousands’ to ‘tens of thousands’
• The Government consulted on changes last Autumn
• UCL, with others, submitted robust challenges
• Hard lobbying has won some successes
• New rules for people seeking to work in the UK will apply
from 6 April 2011.
Tier 1
• Highly Skilled Worker and Post Study Worker routes are
no longer available
• New exceptional talent route (for academics, scientists,
engineers and artists) to be introduced
• Reserved for ‘world leaders in their field, or potential
leaders’
• Limit of 1000 places per annum, nationally (700
‘scientists’: 300 ‘field of the arts’)
• Detailed workings of this are currently under review
Tier 1: Exceptional Talent
• Migrants will be endorsed by designated Competent
Bodies who are expert within these fields, not sponsored
by an employer
• There will be no single definition of “exceptional talent”.
Each Competent Body to set the criteria it will operate to
select those who will qualify for endorsement and its
procedures for receiving and processing requests
• A list of Competent Bodies will be available on the UK
Border Agency website shortly (aiming to set up in April)
• In 2011/12, the Exceptional Talent visa will only be
available to those applying from outside the UK
Tier 1 – additional requirements
Entry
requirement
Extension
requirements
Grants of leave
• Must be endorsed by a designated
Competent Body.
• No English language or
maintenance requirement.
• Intermediate level English.
• Must be economically active in their
field of expertise.
• 3 years and 4 months initial grant.
• 2 year extension
Tier 2
• Certificate of sponsorship (CoS) criteria, either
– on the shortage occupation list, or
– the Resident Labour Market Test (RLMT) is met
(except for posts attracting a salary of £150k+ or
named researchers on a grant)
• RLMT requirement:
– Advertising requirements unchanged
– the post is on the graduate occupations list, and
– the minimum salary requirements for the post are met
Unrestricted CoS
• No annual limit set against this category. UCL will be
allocated a number of CoS on an annual basis, HR
Department will continue to issue, as per the current
system
• Unrestricted category includes:
–
–
–
–
Tier 2 migrants extending their stay with their original employer
Tier 2 migrants with valid leave switching employer
Those already admitted in another category and switching to Tier 2
Those filling a vacancy on salary of £150k+
Restricted CoS
• This is for all out of country/new applications.
• There are 20,700 places per annum, nationally, allocated
on a monthly basis. The first month (April 2011) will have
4,200 places available, thereafter 1,500 per month
• Each month UCL must apply to UKBA for permission to
issue a restricted CoS. If there are 1500 applications or
less nationally all will be granted, subject to meeting the
criteria. Where more than 1500 applications are received
they will be ranked according to the following criteria:
Points Table
Route
Points
Salary
Points
Shortage Occupation List
75
£20,000 to £20,999
2
PHD level posting and RLMT
50
£21,000 to £21,999
3
RLMT
30
£22,000 to £22,999
4
£23,000 to £23,999
5
£24,000 to £24,999
6
£25,000 to £25,999
7
£26,000 to £26,999
8
£27,000 to £27,999
9
£28,000 to £31,999
10
£32,000 to £45,999
15
£46,000 to £74,999
20
£75,000 to £99,999
25
£100,000 to £149,999
30
Minimum 32 points required
Restricted CoS (Cont)
• Any unallocated CoS will be carried over to the next month
for allocation
• Any applications that are not granted, will not automatically
be considered the next month but must be resubmitted
• There is some small flexibility on the part of UKBA around
the 1500 allocations per month
Visa requirements
• A valid CoS, must be issued by UCL within 3 months of the restricted
CoS being approved by UKBA
• The applicant must apply for entry clearance within 3 months of the
CoS being issued
• English language has been raised to intermediate level B1 on the
Common European Framework of Reference for languages
• Maintenance remains unchanged. Currently £800 + £533 per
dependent in the individual’s bank account for 3 months
• 70 points in total are required to gain a visa:
Valid CoS
30 points
Salary met
20 points
Maintenance
10 points
B1 English level language
10 points
70 points
Other Routes
• Tier 4
Students at universities and publicly funded further education colleges
will retain their current work rights, but all other students will have no
right to work. Restrictions will be placed on work placements in
courses outside universities
• Tier 5
There will be a consultation after the May elections on settlement and
Tier 5 (covering temporary workers and youth mobility)
• Academic Visitors
There are no current proposed changes
Workers Registration Scheme
• From 1 May 2011, people from the A8 countries will no
longer have to register under the Worker Registration
Scheme if they wish to work for an employer in the United
Kingdom for more than one month:
Czech Republic; Estonia; Hungary; Latvia; Lithuania;
Poland; Slovakia or Slovenia
• The current work permit arrangements for Bulgarian and
Romanian staff remain in place for now
The Future?
•
It is anticipated that in the autumn UKBA and the
Migration Advisory Committee (MAC) will be looking
again at how well the system is working in practice,
considering both the structure and the numbers
•
There is a possibility that the RLMT will be reviewed for
academic jobs in the not-too-distant future. UKBA are
also looking at the moment at how to deal with visiting
lecturers
•
The government has also pledged to ‘develop a new
entrepreneur route for bright and innovative students who
have a business idea and want to make it work in the UK’
• Any questions?