APPENDIX 11: IMMIGRATION POLICY IN THE
UK BEFORE THE NEW POINTS-BASED SYSTEM
In early 2006, the Government announced its plans
to reform the UK's immigration policies by introducing a points-based
system for non-EEA nationals.[86]
As explained in Appendix 12, the new system has five Tiers. Tier
1 for highly skilled workers started operating in February 2008,
with the remaining few Tiers to be launched over the next two
years.
The UK's policies for regulating immigration are
extremely complex. Prior to the points-based system there are
more than 80 different routes of entry for non-EEA nationals to
the UK, each governed by specific rules and regulations. Table
1 shows the available Home Office data on the number of annual
admissions of non-EEA nationals for the most important channels
of entry that are associated with a limited or unlimited right
to work in the UK' s labour market.
Table 1
Gross inflows of non-EEA nationals* with
limited or unlimited right to work in the UK**, 2000-06
|
Thousands | 2000
| 2001 | 2002
| 2003 | 2004
| 2005 | 2006
|
|
Studentsa | 313.0
| 339.0 | 369.0
| 319.0 | 294.0
| 284.0 | 309.0
|
Family/dependants***a | 74.2
| 78.0 | 85.4
| 87.2 | 94.3
| 104.9 | 118.4
|
Work permit holdersa | 67.1
| 81.1 | 85.6
| 81.4 | 82.7
| 91.5 | 96.6
|
Working holiday-makersa | 38.4
| 35.8 | 41.7
| 46.5 | 62.4
| 56.6 | 43.7
|
Seasonal Agricultural Workersa |
10.1 | 8.4
| 16.9 | 20.7
| 15.0 | 13.0
| 14.2 |
Domestic workersa | 14.3
| 10.5 | 10.1
| 10.6 | 10.4
| 10.1 | 12.5
|
UK ancestrya | 10.9
| 10.7 | 10.4
| 9.2 | 7.7
| 8.3 | 8.5
|
Au-pairsa | 12.9
| 12.0 | 12.8
| 15.3 | 5.6
| 2.4 | 1.8
|
|
Sector-based Scheme workersb |
x | x
| x | 7.8
| 16.9 | 7.4
| |
Highly Skilled Migrant Programmeb,c
| x | x
| 1.1 | 3.6
| 7.4 | 17.6
| |
|
* The figures include EU10 nationals until May 2004, and exclude
them afterwards.
** Immigration channels that are not associated with a right to
worksuch as asylum seekers (24 thousand in 2006) and ordinary
visitors (5.7 million in 2006)are excluded from Table 1.
Note that some migrants entering on visitor visas may switch to
other visa categories after entering the UK.
*** Family/dependants includes husbands (14.2 thousand in 2006),
wives (26.7 in 2006), fiancés (male and female, 6.1 in
2006), children (5.8 in 2006), dependants of work permit holders
(48.5 in 2006) and dependants of students (17.0 in 2006).
Sources: a Home Office (August 2007, Tables 2.2, 2.4, 2.5, 2.6)
b Salt and Millar (2006)
c HSMP Services UK (http://www.hsmp-services.co.uk/)
Work permits for skilled and highly skilled migrants
Not limited by a quota, the number of work permits
issued to skilled migrants increased from fewer than 30,000 in
the mid 1990s to an annual average of over 80,000 throughout 2001-04.
Unless the vacancy falls under the list of "shortage occupations"
drawn up by the Home Office, employers applying for work permits
for skilled non-EU migrants need to prove that they cannot find
a local (EU) worker to do the job ("labour market test").
The effectiveness of the UK's labour market test is unclear. Other
countries' experiences suggest that labour market tests are very
difficult to implement in practice, not least because employers
have shown considerable ingenuity in ensuring that no local workers
are found to fill their vacancies when it suits them. Employers
can tailor the job description specifically to match the skills
and qualifications of someone they want to hire from abroad.
In addition to the main work permit scheme for skilled
migrants, the Government also introduced the Highly Skilled Migrants
Programme (HSMP) in 2002. This points-based labour immigration
programme aimed at attracting highly skilled migrants by offering
them the opportunity to move to the UK without having a prior
job offer. Migrants living and working in the UK on permits issued
under the HSMP or the main work permit scheme had the right to
apply for permanent residence ("indefinite leave to remain")
after five years of residence in the UK. Both skilled and highly
skilled work permit holders can bring spouses, partners and children
as dependants to the UK (see Appendix 8).
Work permits for low-skilled migrants and employment-related
permits
The UK's low-skilled immigration programmes for non-EEA
nationals over the past few years did not grant migrants the right
to family reunion or the right to permanent settlement in the
UK. The list below shows the main programmes for admitting non-EEA
migrants for low-skilled employment in recent years. Some of these
programmes have very recently been restricted to Romanians and
Bulgarians (who have been EU nationals since 2007):
The "Seasonal Agricultural Worker Scheme"
(SAWS) admits a limited number of non-EU students for temporary
employment (max six months) in agriculture; capped by a quota
of 16,000 in 2006. In 2007, 40% of the quota had to be filled
by Romanians and Bulgarians.
The "Sector Based Scheme" (SBS) allowed
UK employers to recruit a limited number of non-EEA workers for
temporary employment (max. one year) in selected low-skilled jobs
in the hospitality and food processing sectors. When recruiting
migrants through this scheme employers must pass a labour market
test. Numbers were limited to a quota of 15,000 in 2005 and the
hospitality programme ended in late 2005. Since 2007, the SBS
programme is for Romanians and Bulgarians only (quota of 3,500
in 2007).
The "Au-pair scheme" is officially a cultural
exchange scheme rather than a labour immigration programme, allowing
nationals of certain countries to spend a maximum of two years
helping private households in the UK for a maximum of 25 hours
per week. There is no quota.
The "Domestic worker scheme" is for domestic
workers who travel to the UK with their employers. There is no
quota.
The "Working Holidaymaker Scheme" enables
Commonwealth citizens aged 17-30 to visit the UK for an extended
holiday of up to two years. During this period, working holidaymakers
are allowed to work for up to twelve months. Again no quota applies.
Students
Non-EEA nationals may come to the UK as students
if they have been accepted on to a course of study by an organisation
which is on the register of education and training providers.[87]
Student visas are issued for the duration of the course with a
maximum period of four years. Time spent in the UK as a student
does not count towards settlement and citizenship. Non-EEA nationals
on students visas may legally work up to 20 hours during term-time
and full-time during vacations. However, they are not allowed
to work in a "permanent" role, nor as self employed
(see Appendix 8).
Table 2, taken from Salt and Millar (2006), shows
the total inflow of all foreign workers (including EEA workers)
by channel of entry in 2005 (but note that this table excludes
students who have a limited right to work in the UK).
Table 2
Foreign labour inflows by route of entry;
2005
|
| Number
| Per cent |
|
Worker registration scheme a |
194, 953 | 48.6
|
Work permits b | 86,191
| 21.5 |
EU and EFTA c | 35,200
| 8.8 |
Working Holiday Makersd | 20,135
| 5.0 |
Highly Skilled Migrant Programme b
| 17,631 | 4.4
|
Seasonal Agricultural Workers Scheme b
| 15,455 | 3.9
|
Domestic Servants e | 10,100
| 2.5 |
UK Ancestry e | 8,260
| 2.1 |
Sector Based Schemes b | 7,401
| 1.8 |
Au Pairs e | 2,360
| 0.6 |
Science and Engineering Graduates Scheme |
2, 699 | 0.7
|
Ministers of Religion e | 530
| 0.1 |
Total | 400,915
| 100.0 |
|
Sources: a - Home Office; b - Work Permits (UK); c - IPS (latest
data are for 2004); - UK Visas; e - IRSS admissions
86
Home Office (2006), "A Points-Based System: Making Migration
Work for Britain" http://press.homeoffice.gov.uk/press-releases/points-based-migration Back
87
See http://www.bia.homeoffice.gov.uk/studyingintheuk/howtocometostudy/
Back
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