Dear friends,
A friend of mine gave me this official HO answer as for possible changes in UK migration processes.
Moderators, can we have it sticky? Please!
So, look and think..
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Thank you for your email.
We are not able to confirm any changes to the HSMP programme. However, I have outlined further information below that you might find helpful.
The following proposal on the ‘Five Year Plan’ for migration and asylum was announced by the Home Secretary Charles Clarke on 7th February 2005:
"The proposals announced on 7th February in Parliament form part of the Government's 'Five Year Plan' for migration and asylum.
Apart from the rule change to the Working Holiday Maker Scheme which has already come into effect, all other changes to the rules will be implemented in due course."
How will the Work permit system change?
The Home secretary proposed:
· To introduce a transparent points system for all those coming to the UK to work.
· To introduce the requirement of a sponsor for all those but the most highly skilled and bonds for specific categories where there has been evidence of abuse, where necessary to guarantee that migrants return home.
· To phase out low skilled migration schemes, in light of the new labour available from the European Union.
Why change the current system?
The current rules are complex and not easily understood. If these changes are implemented, it will no longer be necessary for an employer to apply for a work permit and the migrant to seek leave to remain. The migrant will simply apply for leave to enter or remain under one of the tiers. This will reduce bureaucracy and costs.
When will these changes take place?
The proposed changes must be approved by parliament. No time-scale has been announced but it is thought that these changes will be implemented within 12 – 18 months.
Will Work Permit holders still be eligible to settlement after they have completed 4 years?
The Home secretary proposed to increase the period skilled workers have to be here before being allowed to stay permanently from four years to five years. This brings the UK practice more in line with the European norm.
Can members of my family still visit me in the UK?
Yes, however the Home Secretary has proposed that the length of short visits be reduced from 6 months to three months.
How will the new points system work?
Points will be allocated according to qualifications, work experience, income and other relevant factors. It will be easy for individuals, employers and the public to see what is needed to qualify. It will be easy to adjust the points levels to respond to changes in the labour market.
The scheme will have 4 tiers.
Tier 1 Highly Skilled. This will replace the Highly Skilled Migrant Programme and will allow doctors, engineers, finance experts and other highly skilled professionals to enter to the UK without a job offer.
There will be an English language requirement – Band 8 on the IELTS scale. The points threshold will be met automatically for MBA graduates of a Treasury list of elite international business schools. Bonus points may be awarded for those with a job offer, and for the salary attached.
Some workers who currently come in on work permits (e.g.. Doctors) will also come in under Tier 1
Tier 2 Skilled. Those with skills of NVQ3 and above will be able to come to the UK where they have a job offer in a shortage area or where the employer cannot find the skills they require within the UK or the EEA. Tier 2 workers would include nurses, teachers and administrators.
Shortage occupations, as defined by the new advisory body, will attract bonus points, as will qualifications, work experience and the salary of the job on offer.
Tier 3 Low Skilled. In light of the additional labour now available from the new EU countries it is proposed that the current quota based schemes in the agricultural, food processing and hospitality sectors are phased out over time.
If it is agreed that there is a case for any new scheme, it would be on condition that the scheme was:
· Managed under contract by a operator or agent, who would be the sponsor of the migrant workers and accountable for them staying in the employment specified and returning home at the end of the period.
· Quota-based.
· Not open to nationals of countries without satisfactory returns arrangements with the UK.
· Time-limited and subject to review.
Tier 4 Students and Specialists. This will include students and a range of schemes not covered in the other tiers. Tier 4 applications will not lead to settlement in the UK. The Working Holidaymaker Scheme for young Commonwealth nationals will continue with tightened criteria.
Tier 4 includes:
· Intra-corporate transfer, GATS, many sports and entertainment work permits, many permit-free categories, newspaper reps, employees of overseas governments, academics, sole representatives and overseas domestic workers.
· Knowledge exchange, students – special provision for exchange teachers, voluntary workers and various kinds of Training and Work Experience.
· Youth mobility and cultural exchange – including Working Holiday Maker and BUNAC (limited to countries who have satisfactory returns arrangement.
· Ministers of religion.
What will be the responsibilities of the UK Employer/Sponsor?
Below tier 1, each migrant will need a sponsor. This would normally be the employer or educational institution, but could, for example, be a representative of a faith community for ministers of Religion.
Sponsors will share the responsibility of ensuring that migrants comply with the requirements attached to their leave.
The obligations and expectations of Sponsors will be worked up in consultation.
Who will decide which occupations are to be considered shortage occupations?
The government will work with the Skills for Business Network to set up an Independent skills advisory body to ensure that there is a flexible and responsive system taking full account of national needs.
If I enter under Tier 3 or Tier 4 will I be eligible to apply for settlement after 5 years.
No. Time spent in the UK for those overseas nationals given leave to enter or remain under Tiers 3 or Tier 4 does not lead to settlement.
Are there any proposals to change the appeals process?
In his statement, Mr Clarke proposed that that legislation be introduced to abolish appeals for work and study routes to those refused entry clearance overseas and those refused entry at a UK port of entry.
Where can I find out more details?
The asylum and immigration strategy can be found on the internet at www.homeoffice.gov.uk
The Five-Year Strategy can be found on the internet at:
http://www.official-documents.co.uk/doc ... 472/72.htm
Please be aware that is a five year plan. The government will want to move forward quickly, but not without proper consultation with staff, stakeholders and customers on the details.
http://www.workingintheuk.gov.uk/ind/en ... tions.html
I hope this is helpful.
Regards,
Stephen King
Customer Service Advisor
Work Permits Customer Contact Centre
Border and Immigration Agency
Home Office
PO Box 3468
Sheffield
S3 8WA
Telephone: 0114 207 4074
Fax: 0114 207 4000
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