Government presses ahead with overhaul of immigration rules

The government has published its proposals for employing skilled and temporary migrant workers in the latest phase of its overhaul of the immigration system. The schemes—known as Tier 2 and Tier 5 of the new pointsbased system—follow a lengthy review of the UK’s immigration rules and the introduction of the Immigration, Asylum and Nationality Act 2006 this year. Natalie Black, a lawyer at Thring Townsend Lee & Pembertons, says Tier 2 aims to amalgamate some of the many ways that skilled workers can enter and work in the UK, including the work permit scheme. She says: “Prospective workers under this tier will have to earn a certain number of points based on their skills, standard of English and prospective salary. The threshold of points required will change depending on the requirements of businesses and the country.” UK employer companies will have to be licensed by the Border and Immigration Agency to “sponsor” Tier 2 applicant migrants they wish to employ, having first proven they cannot fill the skilled posts with resident workers. Skilled migrant workers will have to  produce a certificate of sponsorship and a job offer before they can even apply for a visa. Tier 5 is intended to cater for youth mobility and those travelling to the UK for primarily non-economic reasons such as voluntary work, sport and entertainment. Tier 5 migrants will need a licensed sponsor and a certificate of sponsorship showing they have the requisite number of points and have sufficient funds to maintain themselves in the UK. The Tier 5 scheme is intended to ensure that the number of young workers entering the country under this tier mirrors the number of UK nationals benefiting from reciprocal arrangements overseas. She says: “Many of our clients are reliant on immigration to fill vacancies within their workforce and will be concerned by the changes that have taken place. On the face of it, the new licensing system could be unduly bureau cratic and the shifting points system too unpredictable for employers to make long-term plans in respect of their staffing needs.” It is not yet known if the pointsbased system is flexible enough to balance the requirements of UK employers with the government’s desire to control the flow of foreign workers into the country, according to Black. She adds: “In the meantime, it is vitally important that employers comply with their obligations as licensed employers to avoid incurring the substantial fines and criminal sanctions that may be imposed.”