Earlier this year, Home Secretary Jacqui Smith announced that the UK would tighten immigration control in light of rising unemployment. These changes affect not just students coming to the UK but also skilled and highly skilled workers. New measures apply to non-EEA workers applying for work in the UK after 31 March 2009.
Jacqui Smith said “migration is important for the country but, at a time when we have more people actually looking for work within the UK, it is also economically right that we are more selective about those who come into this country”. These measures utilise the flexibility of the new points-based system which was introduced last year.
In summary the changes are:
- Tier 1 (highly skilled workers) requirements have been revised - there are now more demanding requirements in order to enter the UK under this Tier;
- Tier 2 (skilled workers ) requirements have been revised – all vacancies must be advertised in Jobcentre Plus for a period of two weeks before being offered to migrant workers; and
- Tier 4 (students) has now been introduced which applies a points-based system to entry of students to the UK.
Tier 1
The new regime means that anyone who applies for permission to enter the UK under Tier 1 (General) for the first time, or who applies to switch into that category will now have to have a Master’s degree. Previously Tier 1 required a Bachelor’s degree to score points for qualifications. In addition to this, a minimum salary of £20,000 will be needed to score points for earnings.
Under Tier 1 (Post-Study Work) points will no longer be awarded for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificate in Education (or PGDEs in Scotland).
Tier 2
The resident labour market test is amended. An employer, if they intended on recruiting a migrant worker for a role which is not on the shortage occupation list, needs to complete a labour market test. The purpose of this test is to show that no suitably qualified settled worker can fill the job.
Under the changes an employer cannot sponsor a migrant to do a job under Tier 2 (General) unless the job has been:
- Advertised to settled workers in Jobcentre Plus; and
- Advertised using one other method permitted by the relevant code of practice.
Tier 4
The government have now also introduced Tier 4 to the immigration process. This means that a points-based system applies to the entry of students into the UK.
Amongst the new requirements students must show they have the money to support themselves for nine months. In addition, the new rules will require those who come here to study, to have a licensed sponsor before they can be admitted. Furthermore they must provide fingerprints to the UK Border Agency.
All universities, independent schools and colleges need to apply to become a registered sponsor with the UK Border Agency if they wish to sponsor non-EU students’ entry into the UK. The UK Border Agency will assess or even visit the institution in considering the application. All sponsors are given either an A or B rating. If a sponsor has a B rating this signals that they are at risk of losing sponsor status unless improvement is made.
For further detail or advice on these changes, please contact George Pennel (Associate) or Roslyn James (Solicitor).
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