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18 I LEGAL NEWS Passion Islam I July 2008
UK immigration
Each month we hope that
this section of the magazine
will inform, educate and
sometimes also maybe puzzle
you in the big wide world of
UK Law
By Price Water
House Coopers Legal
Following two years of radical planning embassy and will need a UK sponsor to
to reform the UK immigration system, vouch for them and prove they comply
the Government announced that the with immigration rules. The system will
implementation of the new points be streamlined so it can be completed in currently employed by them. Employers
based system (PBS) which came into one stage. should also ensure that data confirming
force from April 2008. UK businesses permission for employees to work is
employing foreign nationals should have There are five tiers within the new up to date. Finally, employers should
started ensuring systems are in place to system: review and tighten their rules on issues
comply with the new rules now as the such as post-termination restrictions and
Border and Immigration Agency (BIA) > Highly skilled migrants reimbursement of relocation expenses,
has already begun compliance audits. as many highly skilled employees will no
The PBS is based on the Australian > Migrants with a job offer longer be tied to just one company.
model and has been developed to For employers who have not previously
provide a simpler, clearer and easier to > Low skilled migrants applied for work permits a substantial
enforce system, superseding the current amount of documentary evidence will
confusing range of worker entry routes. > Students and other temporary be required in order to prove the need
All businesses employing non-EU categories, such visiting workers and for foreign labour, to demonstrate that
nationals will be required to register cultural exchange. salaries are commensurate with UK
as certified sponsors, allowing them to market rates and that they qualify for
act as visa sponsors for prospective Points will be awarded to reflect aptitude, sponsorship status.
employees. The Border and Immigration experience, age and the level of need The new system fits alongside on-going
Agency (BIA) is currently visiting in any given sector, allowing the UK activity totighten up the UK’s immigration
businesses to explain the new to respond flexibly to changes in the controls. This includes implementing
procedures and will be arranging follow- labour market. There is also an English new technology to record details of
up meetings to carry-out a compliance language requirement for qualification passengers entering or leaving the UK
audit for businesses wishing to become under tier 1 or tier 2. before they begin their journey and the
certified sponsors. The BIA will require UK businesses strengthening of the UK’s visa system.
The new system uses objective criteria to anticipate the likely need of foreign The BIA will be setting up a migration
to determine whether an individual is labour for their business and businesses advisory committee to advise ministers
suitable. Foreign individuals will need to should start monitoring and recording the on where migration might sensibly fill
complete an on-line application at their number of non-EU nationals gaps in the labour market.
Tier Type of worker Implementation
Tier 1 Highly skilled migrants such as professional graduates and April 2008
entrepreneurs. This will be similar to the current highly skilled
migrant programme visa. Applicants with this visa can work
for any UK employer
Tier 2 Skilled workers with a job offer who do not qualify under tier 1 October 2008
Tier 3 Workers to fill low skilled shortage occupations October 2008
Tier 4 Students applying to study in the UK April 2009
Tier 5 Temporary workers such as visiting workers, youth mobility October 2008
and cultural exchange and selective development schemes
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